Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ex-parte lawyers Strike |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Advocates: Lawyers Strike and Professional ethics.Suit decreed ex-parte against defendant as advocate for the defendant failed to appear due to lawyers strike-Held, in future the advocate would also be answerable for the consequences suffered by the party if the nonappearance was solely on the ground of a strike call-It is unjust and inequitable to cause the party alone to suffer for the self imposed dereliction of his advocate-Such litigant, who suffers entirely on account of his advocate's non-appearance in Court has also the remedy to sue the advocate for damages-Same Court has power to realise the cost to permit the litigant party to realise the cost from the advocate concerned without driving such party to initiate another legal action against the advocate-Further, the services rendered by the advocates to their clients are regulated by a contract between the two besides statutory limitations, restrictions and guidelines incorporated in the Advocates Act, the Rules made thereunder and the Rules of procedure. Lawyers strike-Held, when an advocate opts to strike work or boycott the Court such advocate must as well be prepared to bear the pecuniary loss suffered by the litigant client who entrusted his brief to that advocate with all confidence that his cause would be safe in the hands of that advocate.Abstaining from the Court by advocates-By and large, does not only affect the persons belonging to the legal profession but also hampers the process of justice sometimes urgently needed by the consumers of justice, the litigants.Advocate-client relationship-Nature of-Held, legal profession is essentially a service-oriented profession-The relationship between the lawyer and his client is one of trust and confidence-With the strike by the lawyers, the process of court intended to secure justice is obstructed which is unwarranted under the provisions of the Advocates Act-law is no trade and briefs of the litigants not merchandise. Contempt Contempt of Supreme Court-Committed by other Courts in India- Due to inaction under lawyers strike-Held, Courts to rise from slumber and perform their duty without fear or favour-Inaction will contribute to the erosion of ethics and values in the legal profession-The defaulting Court may also be contributory to the contempt of the Supreme Court.Constitution of India Welfare State-Goal of-Held, lawyers are a force for the preservance and strengthening of constitutional government, as they are guardians of the modern legal system-The concept of welfare state would remain in oblivion unless social justice is dispensed with-Dispensation of social justice and achieving the goals set forth in the Constitution are not possible without the active, concerted and dynamic efforts made by the person concerned with the justice dispensation system-The role of the members of the Bar has great importance in the post-independent era in the country. |
Judge | Hon'ble Mr. Justice K.T. Thomas Hon'ble Mr. Justice R.P. Sethi |
Neutral Citation | 2000 INSC 519 |
Petitioner | Ramon Services Pvt. Ltd. |
Respondent | Subhash Kapoor And Ors. |
SCR | [2000] Supp. (4) S.C.R. 550 |
Judgement Date | 2000-11-14 |
Case Number | 6385 |
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