Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Advocate on Record Misconduct |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Suo Moto Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | SUPREME COURT RULES, 1966:0. 4, r. BA read with r. 6 - Advocate on Record -Misconduct - AOR lending his signatures in large number ofC cases, but not appearing in Court, inspite of Court's directions- Show cause notice issued - AOR tendered absolute andunconditional apology and promised not to repeat suchmisconduct - Held: Rule BA enables the Court to deal with asituation where an AOR commits misconduct or he/sheconducts himself/herself in a manner unbecoming of an AOR-- The Court is competent to proceed against an AOR suomotu, without any complaint from any person, if prima facie itis of the opinion that the AOR is guilty of misconduct or ofconduct unbecoming of an AOR "- Though the conduct of thenoticee-AOR, has been reprehensible and not worth pardoning, considering the fact and circumstances, hisconduct is censured and he is warned not to behave in futurein such manner -- Court shall examine his conduct for oneyear and, if no improvement is found, may initiate theproceedings again.0.4, "ยท 4 and 6 - Advocate-on-Record - Role and duty -Misconduct - AOR lending their signatures in large numberof cases and not appearing in Court - Held: The institution ofAOR is "to facilitate the working of the Court, as contained in 0.4. r. 6. -- It entitles an AOR to act, plead, conduct andprosecute before the Court in respect of all matters filed byhim -- To act means to file an appearance or any pleadingor any application in the Court and such a task has been, entrusted solely upon an AOR and no other advocate can file an appearance or act for the party without his authorization - A- In case an AOR is only lending his signatures without takingany responsibility for conducting the case, the very purposeof having the institution of AsOR stands defeated -- In such afact-situation, lending of signatures for consideration wouldamount to misconduct of his duty towards Court and such anattitude tantamounts to cruelty in the most crude form towardsthe innocent litigant -- Conduct of such an AOR isunbecoming of an AOR - An AOR is the source of lawfulrecognition through whom the litigant is represented - As perthe Rules, no unauthorised person can deal with the Registryand it must strictly adhere to the Rules.INTERPRETATION OF STATUTES:Ejusdem generis - Term, 'otherwise' occurring in r.BA ofSupreme Court Rules, 1966 - Held: Should be construed asejesdum generis and must be interpreted to mean some kindof legal obligation or some transaction enforceable in law. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 550 |
Petitioner | In Re: Rameshwar Prasad Goyal, Advocate |
SCR | [2013] 9 S.C.R. 212 |
Judgement Date | 2013-08-22 |
Case Number | 312 |
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