Home India Part III-Section 2 JUDICIAL NOTIFICATION - Amendment to Rule 10 of the Madras H...
Date: 2021-01-20 Category: Not Applicable State: Tamil Nadu Country: India

JUDICIAL NOTIFICATION - Amendment to Rule 10 of the Madras High Court Designation of Senior Advocates Rules, 2020, Framed by the High Court

Issued by Part III-Section 2 · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary** This document is a statutory notification from the Government of Tamil Nadu, published in the Tamil Nadu Government Gazette on January 20, 2021. It announces an amendment to Rule 10 of the Madras High Court Designation of Senior Advocates Rules, 2020, which pertains to the withdrawal of designation by the Court. The amendment, framed by the High Court, is effective from January 6, 2021. **Key Points / Main Content** * **Amendment to Senior Advocate Designation Rules:** * Rule 10 of the Madras High Court Designation of Senior Advocates Rules, 2020, is amended. * **Withdrawal of Designation by the Court:** * The Full Court may review and recall the designation of a Senior Advocate if the Advocate is found guilty of: * Professional conduct unbecoming of a Senior Advocate. * Involvement in an alleged offense involving moral turpitude. * Contempt of court. * Misconduct by the Bar Council, rendering them unworthy to continue as Senior Advocate. * The Full Court's decision will comply with the principles of natural justice. * The decision to recall the designation shall be intimated/notified in the same manner as provided in Rule 8(3) of these Rules. **Impact Analysis** **Stakeholder: Senior Advocates** * **Impact:** Senior Advocates are now subject to a review process that could result in the withdrawal of their designation under specific circumstances. This amendment introduces stricter accountability standards for their professional conduct. * **Action Required:** Senior Advocates should be aware of the amended rule and ensure they maintain a high standard of professional conduct to avoid the potential withdrawal of their designation. **Stakeholder: Madras High Court (Full Court)** * **Impact:** The amendment grants the Full Court the authority to review and withdraw the designation of Senior Advocates under specified conditions, including unbecoming conduct, moral turpitude, contempt of court, or misconduct. * **Action Required:** The Full Court must establish a fair and transparent process for reviewing cases and making decisions on withdrawing designations, ensuring compliance with the principles of natural justice. **Stakeholder: Bar Council** * **Impact:** The Bar Council’s finding of misconduct against a Senior Advocate is now a ground for the Full Court to review and potentially withdraw the Advocate's designation. * **Action Required:** The Bar Council must effectively communicate any misconduct finding of a Senior Advocate to the High Court.

Key Entities Referenced

Madras High Court Designation of Senior Advocates Rules, 2020: The primary subject of the amendment, specifying the rules related to the designation of Senior Advocates by the Madras High Court. Advocates Act, 1961: The law providing the legal basis for the amendment to the Senior Advocates Rules. High Court of Judicature at Madras: The institution responsible for issuing the amendment to the Senior Advocates Rules. Tamil Nadu Government Gazette: The official publication in which the amendment to the Senior Advocates Rules is published. Chennai: Location of the High Court of Judicature at Madras, where the amendment was made.
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© [Regd. No. TN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2021 [Price : Re. 0.80 Paise. TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY No. 3] CHENNAI, WEDNESDAY, JANUARY 20, 2021 Thai 7, Saarvari, Thiruvalluvar Aandu–2052 Part III—Section 2 Statutory Notifi cations and Orders issued by Heads of Departments. NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC. CONTENTS Pages. JUDICIAL NOTIFICATION Amendment to Rule 10 of the Madras High Court Designation of Senior Advocates Rules, 2020, Framed by the High Court .. .. .. .. .. .. 2 D TP—III-2 (3) [ 1 ]2 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC. ______ JUDICIAL NOTIFICATION Amendment to Rule 10 of the Madras High Court Designation of Senior Advocates Rules, 2020, Framed by the High Court (Roc. No. 36685/2017/F2) No. SRO C-1/2021. In exercise of the powers conferred by Section 34 (1) read with Section 16 (2) of the Advocates Act, 1961, the High Court of Judicature at Madras, hereby makes the following amendment to Rule 10 of the Madras High Court Designation of Senior Advocates Rules, 2020, as published in Tamil Nadu Government Gazette, Part III - Section 2, issue No.29, dated 15th July 2020. AMENDMENT:- For Rule 10 of the Madras High Court Designation of Senior Advocates Rules, 2020, the following Rule shall be substituted namely:- “10. Withdrawal of Designation By the Court:- "In the event that a Senior Advocate is found guilty of any professional conduct unbecoming of a Senior Advocate or for involvement in any alleged off ence involving moral turpitude or is found guilty of contempt of court or found guilty of misconduct by the Bar Council, rendering him unworthy to continue as Senior Advocate, the Full Court may review its decision to designate the person concer ned and recall the same, after complying with the principles of natural justice, and the decision to recall the designation shall be intimated / notifi ed in the same manner as provided in Rule 8(3) of these Rules." High Court, Madras, C. KUMARAPPAN, 6th January 2021. Registrar General. PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

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