Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Advocates Act 1961– s.48AA |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Advocates Act, 1961 (25 of 1961) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Advocates Act, 1961– s.48AA – Bar Council of India (BCI) – Power of review – Exercise of – Complaint by appellant against advocate alleging commission of serious acts of professional misconduct with State Bar Council – Disciplinary Committee found respondent guilty of misconduct – Order by the Bar Council whereby respondent debarred from practice for life and his name removed from the rolls of the Bar Council – Appeal before BCI by respondent – Disciplinary Committee agreed with the finding, however reduced the punishment – Respondent debarred for 18 months along with fine of Rs. 25,000/- – Review petition by respondent – Allowed by the Bar Council directing fresh consideration of the matter – On appeal, held: When the review power of the BCI is examined, in view of the facts, revisiting the issue on merits again on the pretext that the respondent was not granted proper opportunities to crossexamine PW-1 is clearly beyond review jurisdiction – Review power of the Disciplinary Committee/BCI is not to be confined within the narrow parameters laid down in s.114 and Or. XLVII r 1 CPC – At the same time, the power also cannot be extended to the extent that the reviewing authority becomes appellate authority over its own order passed earlier – BCI reviewed its own finding of fact and overturned the same on the same material which was produced earlier and going by the same arguments which were advanced earlier – BCI showed undue indulgence to the respondent by allowing him to take advantage of his own wrong, in the guise of exercising its review power – Party cannot take advantage of its own wrong – More so, respondent has tarnished the image of a noble profession by indulging into cheating and fraud – Thus, the order passed by the Disciplinary Committee of the BCI is set aside and its earlier order is revived. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2018 INSC 183 |
Petitioner | M/s. Advanta India Ltd. |
Respondent | B.n. Shivanna |
SCR | [2018] 2 S.C.R. 814 |
Judgement Date | 2018-02-21 |
Case Number | 11113 |
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