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Under the proviso to section 26(1) of the Advocates Act, 1961, the Bar Council of India may remove from…

The proviso lets the Bar Council of India act on a reference or on its own and remove the name after giving the person an opportunity of being heard, so it must "Give the…

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Under the proviso to section 26(1) of the Advocates Act, 1961, the Bar Council of India may remove from the roll the name of a person who got it entered by misrepresentation as to an essential fact, by fraud or by undue influence. What must it do first?

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Correct answer C

The proviso lets the Bar Council of India act on a reference or on its own and remove the name after giving the person an opportunity of being heard, so it must "Give the person an opportunity of being heard". No conviction or court sanction is required, because the power deals with a defective enrolment rather than with misconduct in practice.

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