Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1961 Advocates Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Advocates Act, 1961 (25 of 1961) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Advocates Act, 1961 : Advocate - Misconduct - Punishment - Respondent held guilty of professional misconduct - Suspension from practice for three years - Notwithstanding the order of suspension Respondent continued to practice in violation of the suspension order - Complaint filed before Delhi Bar Council by appellant that the respondent committed fresh misconduct - Delhi Bar Council found him guilty of professional misconduct and also for concealment of fact at the time of enrolment that earlier he was convicted by a criminal court - Punishment of admonition imposed -Dissatisfied with punishment appellant preferred appeal before Bar Council of India which held the respondent guilty for practice during suspension and for concealment of fact - Bar Council of India enhanced the punishment for suspension of three years - Review preferred by respondent before Bar Council of India - In review Bar Council set aside its earlier order on two grounds - (i) Fact relating to suppression was not specifically referred in the complaint by the appellant - (ii) During suspension of practice there was only a single and solitary act of filing of vakalatnama by the respondent - Appeal preferred by complainant before Supreme Court against the order of Bar Council of India - Held - The Bar Council of India was not right in treating the breach as a solitary instance in the circumstances of the case - Notwithstanding the absence of pleadings before a court or authority, still if an issue is framed and the parties were conscious of it and went to trial on that issue and adduced evidence and had an opportunity to produce evidence or cross examine witnesses in relation to the said issue, no objection as to want of a specific pleading can be permitted to be raised later - The misconduct on the part of the first respondent was very grave and the Bar Council of India in its initial order was perfectly justified in imposing the punishment of suspension for three years - A fresh order of prohibition of three years from practice should be issued by the Bar Council of Delhi. |
Judge | N/A |
Neutral Citation | 1999 INSC 120 |
Petitioner | Sardul Singh |
Respondent | Pritam Singh And Ors. |
SCR | [1999] 2 S.C.R. 22 |
Judgement Date | 1999-03-18 |
Case Number | 1763 |
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