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Advocate Mohan Lal is accused of cheating a buyer in a private land deal that has nothing to do with…

Section 35(1) applies where a State Bar Council has reason to believe that an advocate on its roll has been guilty of "professional or other misconduct". Conduct outside…

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Advocate Mohan Lal is accused of cheating a buyer in a private land deal that has nothing to do with his legal practice. Can the State Bar Council refer his case to its disciplinary committee under section 35(1) of the Advocates Act, 1961?

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Correct answer A

Section 35(1) applies where a State Bar Council has reason to believe that an advocate on its roll has been guilty of "professional or other misconduct". Conduct outside practice can therefore show unfitness for the profession, and the Act does not make a prior conviction a condition.

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