Section 43 of THE ADVOCATES ACT, 1961 __________
Cost of proceedings before a disciplinary committees.
The disciplinary committee of a Bar
Council may make such order as to the costs of any proceedings before it as it may deem fit and any such order shall be executable as if it were an order―
- (a)in the case of an order of the disciplinary committee of the Bar Council of India, of the Supreme Court;
- (b)in the case of an order of the disciplinary committee of a State Bar Council, of the High Court.
Summary
- A disciplinary committee has the authority to decide who should pay the costs of the proceedings.
- They can make any order regarding costs that they believe is fair.
- If the Bar Council of India makes an order for costs, it is enforced as if it came from the Supreme Court.
- If a State Bar Council makes an order for costs, it is enforced as if it came from the High Court.
- This ensures that when someone is ordered to pay, there is a clear way to make them do it through the court system.
Practical examples
FAQ
1. Who decides how much the "costs" should be?
The disciplinary committee hearing the case makes the order for costs as it deems fit.
2. Can I ignore an order to pay costs from the State Bar Council?
No, because that order is executable just like an order from the High Court.
3. Is there a difference between costs from the national and state councils?
Yes, BCI cost orders are enforced like Supreme Court orders, while State Bar Council cost orders are enforced like High Court orders.
4. Can the committee make me pay the other person's lawyer fees?
Yes, they can make such orders as to the costs of the proceedings as they think is appropriate.
Test yourself
1.Under Section 43 of THE ADVOCATES ACT, 1961 __, how is an order for costs from the Bar Council of India's disciplinary committee enforced?
2.Under Section 43 of THE ADVOCATES ACT, 1961 __, a State Bar Council's order for costs is treated like an order from which court?
3.Under Section 43 of THE ADVOCATES ACT, 1961 __, who has the power to decide what the costs of a proceeding should be?
4.Under Section 43 of THE ADVOCATES ACT, 1961 __, what is the primary purpose of making these orders "executable" through the courts?