Lawyer Faces Legal Action for Breach of Bar Council Rules

Chambers of Ishaan Garg

Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054

+91 8851742417, +91 8800386163


1. Breach of Advocates Rules

The Bombay High Court has called for action against Uttar Pradesh lawyer Avnendra Kumar for breaching rules that govern lawyers not registered with the Bar Council of Maharashtra and Goa (BCMG). Justice Prithviraj K. Chavan noted that Kumar failed to comply with the Advocates Rules, which require him to file his vakalatnama with a BCMG-enrolled lawyer if he was to appear in a court in Maharashtra.

2. Expired Bar License

Further complicating matters for Kumar, his Bar license appears to have expired in December 2022. The court has ordered the Chairman of the Bar Council of Maharashtra & Goa to initiate appropriate action against him.

3. Accused Secures Bail from Coordinate Bench

The court also discovered that the accused, Moinoddin Golder, had filed two bail applications and secured bail from a coordinate bench. This information came to light during a hearing on Friday.

4. Two Different Bail Applications

The court condemned the act of simultaneously moving two different applications for bail before different benches in the same crime. The Registry has been directed to immediately place the matter and this order before Justice Karnik, as the co-ordinate bench had already granted bail to the applicant.

5. Unregistered with Bar Council of Maharashtra & Goa

Upon further investigation, the court found that Kumar was not duly registered with the Bar Council of Maharashtra & Goa. Kumar claimed that he had applied for a transfer of his membership from the Bar Council of Uttar Pradesh, but failed to provide any proof.

6. Breach of Vakalatnama Condition

The court found that Kumar's name did not appear in the vakalatnama filed by Advocate A. Karim Pathan, which is a breach of the condition that requires the name of the appearing lawyer to be mentioned. The court has called for the BCMG to take appropriate action against Kumar.

7. Case Details

The case in question is Moinoddin Golder Aminoddin Golder vs The State of Maharashtra, with the case number being CRIMINAL BAIL APPLICATION NO. 2632 OF 2022.

Order: 13th March 2024