Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1961-Sections 35 and 38 Advocates Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Advocates Act, 1961-Sections 35 and 38 Professional misconduct-Misappropriation of client's money-Filing of forged affidavit on behalf of the client-Disciplinary Committee held him guilty of committing breach of trust-Suspended for three years-On appeal finding of Disciplinary Committee upheld-However, punishment inadequate in proportion to the gravity of the misconduct-Hence enhanced to removal from the roll of advocates.Respondent, a client of appellant-advocate, filed complaint against appellant in State Bar Council alleging that appellant had mis-appropriated his asset which the appellant had withdrawn from the Court in his case . Appellant defended his case stating that he had paid the amount to the respondent. Appellant filed an affidavit purporting to be that of respondent stating therein that a compromise had been arrived at between him and the respondent. The respondent on being summoned by the Disciplinary Committee disowned the affidavit, and repudiated the alleged compromise and denied having received any amount from the appellant. The complaint and the proceedings stood transferred to Bar Council of India. The Disciplinary Committee found that appellant had withdrawn the amount from the Court and had not paid the same to the respondent and thus guilty of wrong professional conduct and had committed breach of trust which an advocate enjoys; and that the affidavit was a forged one. Thus it imposed punishment of suspending him from practice for 3 years.In appeal, this Court gave notice to the appellant to show cause why the punishment be not enhanced to removal from the roll of the Bar Council of the State. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 2002 INSC 8 |
Petitioner | Harish Chandra Tiwari |
Respondent | Baiju |
SCR | [2002] 1 S.C.R. 83 |
Judgement Date | 2002-01-08 |
Case Number | 200 |
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