Rules On An Advocate'S Duty Towards The Court

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The legal profession is distinctive from other professions because what the lawyers do affects

not just a person, but the independence of the judiciary that is the pillar of the liberal society. It
should be remembered that when people are suffering from medical conditions, they must
tolerate and suffer, while whjn dmfv den people are unjustified, It is unbearable and they pull
the entire structure, as such the independence of the judiciary is one of the current welfare
state’s most important roles. Men want justice and legal professionals have the role of
appealing for justice. Lawyer is seen as the protector who can guarantee justice and equality.
Lawyers and courts are the only hope fd kavdmgor the litigant who is unlucky with the
alternative dispute resolution gaining the sanction; attorneys often resorted to use their best
attempt to bring about immediate settlement.

The lawyer is deemed to be a Court member. They owe not only an obligation to his client, but
also to the Court, to support the Court in the best of its capacity to administer justice. The
Advocates 'Profession is a fascinating career in the sense that legal profession leaders are
positioned against each other to compete in the pursuit of the truth and justice for their clients'
interest.
An argument that eludes the common man's comprehension and is usually disregarded by the
common man is the advocates' position in the defense of the accused, "poor" men, Criminal
People who do not deserve to be protected, and who, in their view, deserve punishment. When
an attorney represents his party, people assign motives. Advocates who defend criminals are
themselves called offenders, as it is their presumption that only a person who endorses the
criminal act may advocate for them. Which Is a common misconception in the society about the
role of the advocate and its Nobel profession not in India but in many countries.

An attorney who is a Court officer helps the Court in bringing justice to bear. Judges have
neither the time nor the money to define, examine and evaluate all of the legal problems posed
in a case. Ultimately, judges must count on the practitioners to present to them for judgment
the facts and laws of each case, elucidating the applicable principles of judgment.

RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT

1. Act in a dignified manner

A lawyer will behave in a dignified way during the presentation of his case, and even
when appearing before a judge. He will conduct himself with self-respect at all times.
However, if there is fair ground for a serious allegation against a judicial officer, the
lawyer has the right and duty to apply his claim to th
An advocate should not present before a legal authority in any manner, act, plead or
prosecute if the sole or any member of the
court>WFKvmikjmvietjmqivotjoejjvnioenfmgta[fiotvf’rae

Contempt of court : Defences in Criminal Contempt

CONTEMPT OF COURT- MEANING

Any conduct that trends to bring the authority and administration of law into disrespect or
disregard or to interfere with or prejudice parties or their witness during litigation is considered
to be contempt of court, says Oswald. Contempt is defined by Halsbury, as consisting of words
spoken or written which obstruct or tends to obstruct the administration of justice.

1. Innocent publication and distribution of matter.

Section-3 of the act is concerned with the defense. When a criminal disregard is instituted
against a individual on the ground that he is responsible for publishing or distributing a
publication which prejudices or interferes with the proceedings pending, the disregarding party
may take the following steps:
g an application or by the court itself suo moto. In both the cases, contempt proceedings must
be initiated within one year from the date on which contempt is speculated to are committed.

In contempt of court, contempt is speculated to are committed the instant scandalization of


court or c vaavfadv the administration of justice takes place. Consequently, the amount of
limitation immediately starts running. But, just in case of contempt of court the amount of
limitation doesn't start from the datn faea,j cjk vf ve of the order. It starts running after expiry
of period mentioned within the order after service of certified copy of the order upon the
opposite side. If no deadline is mentioned within the order, the order should be complied
within an inexpensive period. The term “reasonable period” has been interpreted to be a
period of three months from the date of service of certified copy.
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Daroga Singh vs. B.K. Pandey, (2004) 5 SCC 26, the Hon’ble Supreme Court followed the
judgement of the Constitution Bench in Bathina Ramakrishna Reddy vs. State of Madras
(1952) SCR 425 wherein it was held “In our opinion, the sub-section referred to above excludes
the jurisdiction of High Court only in cases where the acts alleged to constitute contempt of a
subordinate court are punishable as contempt under specific provisions of the Penal Code, 1860
but not where these acts merely amount to offences of other description for which punishment
has been provided for in the Penal Code, 1860. This would be clear from the language of the
sub-section which uses the words “where such contempt is an offence” and does not say “where
the act alleged to constitute such contempt is an offence.”

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