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When a State Bar Council believes an advocate on its roll is guilty of professional misconduct, Section 35 requires the case to be
A{'text': 'Referred to a Magistrate for enquiry', 'label': 'A'}
B{'text': 'Referred directly to the Supreme Court', 'label': 'B'}
C{'text': 'Referred to the disciplinary committee of that State Bar Council', 'label': 'C'}
D{'text': 'Sent back to the enrolment committee for reconsideration', 'label': 'D'}
Answer & Solution
Correct answer: C. {'text': 'Referred to the disciplinary committee of that State Bar Council', 'label': 'C'}
1. Section 35(1) is the primary disciplinary provision under the Act.
2. On a complaint or otherwise, the State Bar Council must refer the case to its disciplinary committee.
3. The disciplinary committee follows the procedure in Sections 35(2) and (3), giving notice and a hearing.
4. Magistrates and Supreme Court receive matters only in the appellate framework.
_Source: The Advocates Act, 1961 (indiacode.nic.in), S. 35(1)_
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