Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | professional misconduct counsel of his choice |
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-Section 35-Professional misconduct-Case file of client withheld by Advocate for non-payment of fees-Bar Council debarred him from practice for 18 months and imposed fine of Rs. 1000-Considering it to be a professional misconduct-On appeal-Held, case files cannot be equated with "goods" or "goods bailed" as they have no marketability-Cause of litigant far more important than right of an Advocate for his remuneration-Such a practice can never be permitted-However, an Advocate may adopt alternate legal remedies to recover his fees-It is not only a legal duty but it is also morally imperative to return the case file as a litigant is free to engage any Advocate-Punishment reduced to a reprimand, not to be counted as precedent, as law on this question was unsettled-Indian Contract Act, 1872-Sections 148 and 171. Constitution of India-Article 22(1)-The right of an accused to consult and be defended by counsel of his choice-Given status of a fundamental right-Code of Civil Procedure-Order 3, Rule 4( I). Bar Council of India Rules-Rules 24, 28 and 29-Advocate specifically prohibited from adjusting his fees against his own personal liability to the client-No lien provided on the litigation files kept with the advocate-Any such lien, if permitted, would be susceptible to great abuses and exploitation. Words and Phrases-"Misconduct, professional or otherwise"-Meaning of in the context of the Advocates Act, 1961-Section 35. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 2000 INSC 409 |
Petitioner | R.d.saxena |
Respondent | Balram Prasad Sharma |
SCR | [2000] Supp. (2) S.C.R. 598 |
Judgement Date | 2000-08-22 |
Case Number | 1938 |
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