NDLI: Chander Prakash Tyagi Vs. Shribenarsi Das(dead) By Lrs. and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1961 Advocates Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Advocates Act, 1961; Bar Council of India Rules: Part VI; Section II Regulation 33 - Misconduct - Collusion of Advocate. with opponents - Complaint against appellant- Advocate that he having accepted the fee from the complainant for contesting a case for guardianship of his grandson, also subsequently accepted brief from opponents for filing suit against complainant's grandson - Complaint dismissed by State Bar Council on the ground that the appellant had withdrawn his Vakalatnama from two suits E and that the two proceedings were of different nature - On appeal, Bar Council of India held the appellant guilty of misconduct and suspended his right to practice for one year - Held: The spirit contained in Regulation 33 is that where a lawyer commits breach of his duty in respect of fiduciary F obligation arising out of the relationship between himself and his client, he is guilty of misconduct of conflict of interest - Therefore, appellant was rightly held guilty of misconduct.
Judge	Hon'ble Mr. Justice Prafulla Chandra Pant
Neutral Citation	2015 INSC 971
Petitioner	Chander Prakash Tyagi
Respondent	Shribenarsi Das(dead) By Lrs. And Others
SCR	[2015] 2 S.C.R. 1029
Judgement Date	2015-03-17
Case Number	2581

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Chander Prakash Tyagi Vs. Shribenarsi Das(dead) By Lrs. and Others