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Supreme Court of India 2019-03-01 dismissed

Anand Kumar Sharma vs Bar Council of India through Secretary & Another

Bench: 2 — L. Nageswara Rao

In Brief

The appellant, a qualified medical doctor, was enrolled as an advocate in Himachal Pradesh in 1988 but his enrollment was cancelled in 1995 due to suppression of material facts—specifically undisclosed government service and criminal involvement. The cancellation was affirmed by the Supreme Court. The appellant made repeated attempts to seek re-enrollment in Rajasthan, which were consistently rejected. The Supreme Court held that the Bar Council has power under Section 26 of the Advocates Act to remove enrollment obtained by misrepresentation, and subsequent criminal acquittal does not entitle re-enrollment. The appeals were dismissed, with the Court observing that repeated attempts to seek enrollment constitute abuse of process.

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Advocates Act Professional Conduct Bar Council Enrollment Misrepresentation Abuse of Process Administrative Law

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