- 05/26/2019 at 10:22 pm #991739EduGorillaKeymasterSelect Question Language :
A sought enrolment as an advocate However, having been convicted under sections 411 and 473 of the Indian Penal Code, 1860, A wished to make this known at the time of his enrolment, but found no column in the form that asked for such disclosure. Therefore, he did not disclose his convictions. Does this amount to a violation of the Bar Council of India Rules, 1975? Principle A person seeking enrolment as an advocate has a duty to disclose facts material to his application.
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A owed a duty to disclose even if the information is not expressly sought and therefore, the Bar Council of the concerned State may remove him from its rolls after giving him a fair hearing.
Since the Bar Council of the concerned State negligently enrolled A as an advocate, it cannot remove A from its rolls.
A did not commit any mistake as he intended to disclose his conviction but the application form did not require the disclosure.
Since A is already enrolled, the Bar Council of the concerned State cannot remove him for its rolls.
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