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Disciplinary committee has concurrent jurisdiction and statutory disciplinary procedure does not breach fair‑hearing or appeal provisions.
* Advocates Act – disciplinary jurisdiction – Sections 18, 19, 73(1)–(2), 78(2) – concurrent jurisdiction with criminal courts.
* Constitutional law – fair hearing (Art. 28) – procedural safeguards in disciplinary proceedings (notice, access to documents, right to representation).
* Evidence – exclusion of Evidence Act from disciplinary proceedings does not automatically violate fair hearing.
* Appellate jurisdiction – limitation of appeal to the High Court is statutory and not unconstitutional.
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30 March 1999 |
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Disciplinary tribunal may concurrently hear professional offences without violating constitutional fair‑hearing guarantees.
* Advocates Act – disciplinary offences (sui generis) – concurrent jurisdiction of Disciplinary Committee and ordinary courts. * Constitutional law – right to fair hearing (Art. 28) – notice, access to documents, representation, opportunity to examine witnesses must be preserved. * Natural justice – prima facie inquiry by disciplinary tribunal does not inevitably create bias. * Evidence Act – formal exclusion from disciplinary proceedings permissible if substantial fairness maintained. * Appellate jurisdiction – appeals limited by statute (High Court) not unconstitutional.
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30 March 1999 |