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Report No. 95

18. Are certain advocates being related to sitting Judges earning by way of 'negative practice' inasmuch as they are engaged only to ensure that the matter gets transferred from the court of a particular Judge?

Rule 6 of Chapter 11 of the Bar Council of India Rules states that an advocate shall not enter appearance or practise before a court if the Judge is related to him as father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law, daughter-in-law or sister-in-law. It is alleged that clients who do not wish their case to be heard by a particular bench engage one of the listed relatives practising in that court to file a vakalatnama on their behalf and secure a transfer of the case.

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