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april 2017

Supreme Court of India · 2017-04-06

AJITSINH ARJUNSINH GOHIL vs BAR COUNCIL OF GUJARAT

Citation / case number
SC 2015/28496
Court
Supreme Court of India
Petitioner
AJITSINH ARJUNSINH GOHIL
Respondent
BAR COUNCIL OF GUJARAT
Author
Dipak Misra
Bench
A.M. KHANWILKAR DIPAK MISRA

Judgment text excerpt

The Supreme Court ruled that under Section 36B(1) of the Advocates Act, 1961, the Bar Council of India (BCI) does not possess the authority to transfer a disciplinary proceeding back to the State Bar Council for adjudication. The Court emphasized that the BCI must directly address the complaint rather than delegating the responsibility, thereby affirming the legislative intent behind the statute. The appeal was allowed, and the disciplinary proceedings initiated by the Bar Council of Gujarat were quashed, relieving the appellant from prolonged legal distress.

AJITSINH ARJUNSINH GOHIL vs BAR COUNCIL OF GUJARAT · Niyam