Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Advocate-Profe8sional Misconduct-Failure to file Bill of Co•ts in time-GrOBB negligence when amounts ta professional misconduct-8'1!ior Adrocate receiving fte.• dir.ctly from client- Propriety of-Supreme Court R·ule8 0. IV-A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Advocate - Professional Misconduct - Failure to file Bill of Costs in time - Gross negligence, when amounts to professional misconduct - Senior Advocate receiving fees directly from client - Propriety of - Supreme Court Rules, 0, IV-A. Mr. P, an Advocate-on·record of the Supreme court, acted for Respondent No. 2 (b) in the appeal and Mr. J, a Senior Advocate, was briefed to lead him at the hearing. The client had paid R•. 500/- to Mr. P. and Mr.J was paid Rs.1,000/- direct by the client. The appeal was dismissed with costs in favour of Respondent No. 2 (b). Though the client paid him the expenses asked for Mr. P did not lodge the Bill of Costs within the time allowed but filed h about IO months beyond time. As the Bill of Costs was not accompanied by an application for condonation of delay, it was returned. Mr. P took no step• thereafter but, a year later he asked for and received another sum of Rs. 200/.ftom his client. The client repeatedly wrote to the Advocate enquiring about the Bill of costs but received no reply.· The client applied for discharging the Advocate and for condonation of delay in filing the Bill of Costs, both"of which·prayers were granted. The Chief Justice constituted a tribunal under 0. IV-A, r. 18, Supreme Court Rules to enquire into the conduct of Mr. P. The Tribunal held that the Advocate acted with gross-negligence and that his conduct amounted to professional or other misconduct within the meaning of 0. IV-A. Thereafter the matter was placed before the Court for final disposal. |
Judge | Honble Mr. Justice P.B. Gajendragadkar |
Neutral Citation | 1963 INSC 10 |
Petitioner | In The Matter Of P. An Advocate |
Respondent | In The Matter Of P. An Advocate |
SCR | [1964] 1 S.C.R. 697 |
Judgement Date | 1963-01-23 |
Case Number | 01 |
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