3. Every such
application shall set out the grounds on which the Review is sought and shall
further state whether any proceeding in respect there of was filed and is still
pending or the result thereof as the case may be.
4. If a
Disciplinary Committee of Bar Council does not summarily reject the application
under Section 44 of the Act, or wishes to exercise its powers under Section 44 suo motu, the Secretary of a Bar
Council shall issue as nearly as may be in the Form K at the end of this
Chapter, notice to the parties and to the Advocate-General concerned or the
Additional Solicitor-General of India in the case of the Bar Council of Delhi.
5. (1) If after
the hearing referred to in Rule 4, the Disciplinary Committee of a State Bar
Council does not dismiss the application, and decides that the application for
review should be allowed, the copy of the Order along with the relevant record
shall be sent to the Bar Council of India for approval.
(2) If the Bar Council
of India approves the order of the Bar Council the Disciplinary Committee
of the State Bar Council shall communicate the Order to the parties, if the Bar
Council of India does not approve it, the
Disciplinary Committee of the State Bar Council shall make its order dismissing
the application and inform the parties.
6. The decision of the Disciplinary Committee of the Bar Council of India on an
application for Review of its Order shall be communicated to the
parties.
7. In the proceedings under this Chapter, unless the Disciplinary Committee of the
State Bar Council or the Bar Council
of India, as the case may be, otherwise decides, the parties may appear by the
Advocate who shall file a vakalatnama signed by the
party.
FORM K
NOTICE UNDER SECTION
44 OF THE ADVOCATES ACT, READ WITH RULE 4 IN CHAPTER il, PART vn OF THE RULES OF
THE BAR COUNCIL OF INDIA
(Subject to necessary modifications)
THE BAR COUNCIL OF ..................................................................
................................................................
REVIEW APPUCATION........................ /19 ....................................................................
................................
...............................................................................Petitioner
/ s
Versus
.............................................................................
............................................................................Respondent/s
WHEREAS on the application of........................................................... /suo motu the Disciplinary
Committee
of the Bar Council of.................................................... having
considered that there are prima facie grounds for
Review of the Order made in Case No.
.........................19................. on
............
The Respondent is informed that the said application will be heard by the Disciplinary
Committee of the Council of................on.............19................. at (time).............(place)
................. and
that if the Respondent does not appear in person or through his advocate on
the said date or on such other date to which the hearing
may be adjourned, the matter
will be heard and
disposed of in his absence.
Date this............... day of............. 19
.............
Office of the Bar Council of ..........
Register
Disciplinary Committee of the Bar Council of India
PART VIII
1. A State Council may levy
fees, not exceeding the limits prescribed hereunder in any
of the following matters
