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Panaji, 27th November, 2018 (Agrahayana 6, 1940)

SERIES I No. 34

Reg. No. G-2/RNP/GOA/32/2018-20

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Law & Judiciary

Law (Establishment) Division

__

Notification

12/8/2015-LD (Estt.) (P.F.I)/2169

The following Notification No. P. 3602/2018

dated 25-10-2018 which has been issued by

the High Court of Judicature at Bombay,

Appellate Side and Original Side, is hereby

published for general information of the

public.

By order and in the name of the Governor

of Goa.

Diwan N. Rane, Under Secretary (Law-Estt.)

(Link).

Porvorim, 23rd November, 2018.

__________

The High Court of Judicature at Bombay

Appellate Side and Original Side

__

Notification

No. P.3602/2018.— In exercise of the

powers conferred by Section 34(1) of the

Advocates Act, 1961, High Court of Bombay

makes the following amendments to Schedule

VII of Chapter XXXII of the Bombay High

Suggestions are welcomed on e-mail: dir–[email protected]

EXTRAORDINARY

No. 5

Court Appellate Side Rules, 1960 and

Appendix VI of the Bombay High Court

Original Side Rules, 1980 framed under that

Section. These amendments shall come into

force with effect from the date of their

publication.

Add the following Rules after existing

Rule 9:

“9A. Regulating an advocate’s appearance

in courts:— An advocate involved in any of

the following acts may be barred from

appearing before the High Court and

any court, tribunal or authority subordinate

to it:

(a) Accepting money in the name of a

Judge or on the pretext of influencing the

judge in the matter of any court

proceeding;

(b) Tampering with any court record or

proceedings;

(c) Impeding orderly functioning of court

or conduct of court proceedings;

(d) Committing any act which tends to

scandalize or lower the authority of any

court or interfere with or obstruct the

administration of justice or behaving

unprofessionally and in an unbecoming

manner;

OFFICIAL GAZETTE — GOVT. OF GOA

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27TH NOVEMBER, 2018

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(e) Depicting unruly behaviour and

conducting unprofessionally or in a manner

unbecoming of an officer of the Court and;

(f) Appearing in court under the

influence of liquor or other intoxicating

substance.

Explanation 1: Without prejudice to the

generality of clause (c) above, any strike

resorted to in any court or abstention from

work in court by way of protest by an

advocate or a group of advocates or any bar

association shall be deemed to be an act

which impedes orderly functioning of court

or conduct of court proceedings and the

advocate or advocates indulging in such

strike or abstention shall be liable to be

proceeded with under this Rule.

Explanation 2: Without prejudice to the

generality of clause (d) above, acts of (i)

browbeating and/or abusing the Judge, or

(ii) circulating or publishing any material

concerning the conduct of the Judge in any

judicial proceeding or otherwise which tends

to shake the confidence reposed by the public

in court, shall be treated as falling within

that clause;

9B. Power to take action:— (1) Where any

act listed in the foregoing Rule is committed

by an advocate before the High Court or in

relation to the proceedings before it or

concerning its Judges, the High Court shall

have the power to bar the advocate from

appearing before the High Court and all

courts, tribunals and authorities subordinate

to it.

(2) Where any act listed in the foregoing

Rule is committed by an advocate before the

Court of Principal District Judge or in relation

to the proceedings before it or concerning it,

the Principal District Judge shall have the

power to bar him from appearing before any

court within such District.

(3) Where any act listed in the foregoing

Rule is committed by an advocate before any

subordinate court, the court concerned shall

submit a report to the Principal District Judge

within whose jurisdiction such court is

situate and on receipt of such report, the

Principal District Judge shall have the power

to bar him from appearing before any court

within such District.

(4) Whenever any advocate is barred by

the Principal District Judge either under Sub-

Rule (2) or (3) above, a report shall be made

by the Principal District Judge to the Chief

Justice.

9C. Procedure to be followed:— (1) Where

any act listed in Rule 9A is committed by an

advocate, in the presence of hearing of the

Chief Justice or the Principal District Judge,

the Chief Justice or the Principal District

Judge, as the case may be, shall make a note

of the act and simultaneously, for reasons to

be recorded in writing, prohibit the advocate

concerned from appearing before any court,

authority or tribunal in the State or any court

within the district, as the case may be,

pending any inquiry under Sub-Rule (3)

below.

(2) Where any act listed in Rule 9A is

committed by an advocate in the presence

or hearing of a Judge of the High Court, the

Judge shall make a report to the Chief Justice

for proceeding under Sub-Rule (3) below and

simultaneously, for reasons to be recorded,

prohibit the advocate concerned from

appearing before him pending any inquiry

under Sub-Rule (3).

(3) In any case, whether covered by Sub-

Rule (1) or (2) above, or otherwise, the High

Court or the Court of Principal District Judge,

as the case may be, shall, before making an

order under Rule 9B issue to such advocate

a notice returnable before it, requiring the

advocate to appear before the Chief Justice

or his designate, or the Principal District

Judge, as the case may be, and show cause.

Such notice, so far as may be practicable,

shall be served personally on such advocate.

(4) The Chief Justice or his designate, or

the Principal District Judge, as the case may

be, shall complete the inquiry in pursuance

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SERIES I No. 34

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27TH NOVEMBER, 2018

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of the notice referred to in Sub-Rule (3) above

and pass an order, if any, under Rule 9B

within a period of eight weeks of service of

such notice.

(5) If the matters alleged in the notice

referred to in Sub-Rule (3) above concern any

act in respect of which a note or a report

referred to in Sub-Rules (1) or (2) of this Rule

or Sub-Rule (3) of Rule 9B above has been

made, the note or the report, as the case

may be, shall be treated as conclusive of the

facts stated therein and the only cause to be

shown by the advocate concerned shall be

to the measure of the disciplinary action

called for on such facts.

9D. The order passed under Rule 9B or

sub-rule (1) and (2) of Rule 9C above shall be

final and shall not be questioned in any

proceedings in any court.

9E. Power to prohibit appearance in

addition to other powers.— The powers

exercisable under Rules 9A to 9D above shall

be in addition to, and not in derogation of,

the powers of the Court under the Contempt

of Courts Act, 1971, Indian Penal Code, 1860

and the Code of Criminal Procedure, 1973 or

any other law for the time being in force

bearing on the subject matter of these

Rules.

High Court of Judicature

S. P. TAVADE

at Bombay

I/c. Registrar

Date: 25th October, 2018.

General

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