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Bombay Presidency - Section

Section 7 in Bombay High Court (Designation of Senior Advocates) Rules, 2018

7. Review and Recall. - (a) If it is found that any Senior Advocate has -

(i)committed professional misconduct; or
(ii)shown intemperate behaviour either inside or outside the Court; or
(iii)been found invariably negligent in discharge of professional duties; or
(iv)been found by the Bar Council of India or Bar Council of Maharashtra and Goa or the Bar Council of any other State to have committed professional or other misconduct; or
(v)been convicted of an offence involving moral turpitude or for Contempt of the Court; or
(vi)for any other reason lost the privilege to be a Senior Advocate, then, for any one or more of the foregoing reasons, the name of the Senior Advocate will be placed before the Chief Justice for considering the withdrawal of designation of Senior Advocate.
(b)On being satisfied that the matter should be further considered, the Chief Justice shall refer the issue to the Permanent Committee. The Permanent Committee shall give an opportunity to the Senior Advocate to plead his/her case including a personal hearing and thereafter submit its recommendation to the Chief Justice no later than six months from the date of reference to the Committee. The Committee will be free to evolve its own procedure.
(c)If the Committee in its report recommends withdrawal of designation as Senior Advocate, the Chief Justice shall place the report with the recommendation of the Committee at the next Full Court meeting for its consideration.
(d)If a majority of Judges present at the meeting is of the view that the Senior Advocate has forfeited his/her privilege, the Full Court shall recall his/her designation as a Senior Advocate.
(e)The Registrar General shall notify the decision to the Advocate and to the Bar Council of Maharashtra and Goa who shall delete the name from the list of Senior Advocates maintained by the Bar Council.
(f)Nothing contained in these rules shall stand in the way of an Advocate who has been designated by the High Court of Bombay as a Senior Advocate from submitting an application to withdraw or recall his/her designation as a Senior Advocate. In the event of such an application addressed to the Permanent Secretariat being submitted, the Permanent Secretariat shall place it before the Chief Justice for appropriate orders thereon.