Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Conduct of petitioner Advocate-on-Record |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | PLEADINGS: Complaint for offences punishable u/ss 406 and 420 IPC and s. 138 of Negotiable Instruments Act - Quashed by High Court - SLP by complainant - Notice to petitioner complainant to show that the institution was a fake one as pleaded by him - Petitioner seeking to ignore such pleadings - Held: Pleadings have to be true to the knowledge of parties and in case a person takes such misleading pleadings, he can be refused not only any kind of indulgence by court but can also be tried for perjury - In case, pleading taken by petitioner is true, he cannot ask for ignoring the same - In case, it is false and as such statement had been made on oath, he is liable to be tried for perjury - More so, whether such a pleading is relevant or not is a matter to be decided by court and uls 165 of the Evidence Act, 1872, court has a right to ask the party even relevant or irrelevant questions and parties or their counsel cannot raise any objection to any such question - Conduct of petitioner condemned - Code of Criminal Procedure, 1973 - s. 482 - Evidence Act, 1872 - s. 165. PRACTICE AND PROCEDURE: Advocate-on-Record - Not appearing before Court in spite of directions - Held: In Re: Rameshwar Prasad Goyal, Court has held that in case AOR does not appear in Court, his conduct may tantamount to criminal contempt of Court - In the instant case, AOR, with impunity was disdainful towards the order of the Court directing him to appear in Court - He had also not filed any appearance for the counsel who had appeared, nor did the said counsel disclose his name - Court takes serious note of the conduct of AOR and warns him to behave in an appropriate manner befitting the conduct of an advocate and an AOR, otherwise Court will take action against him - His conduct will be under close watch of the Court. |
Judge | N/A |
Neutral Citation | 2014 INSC 60 |
Petitioner | Sanjay Kumar |
Respondent | The State Of Bihar & Anr. |
SCR | [2014] 1 S.C.R. 848 |
Judgement Date | 2014-01-28 |
Case Number | 9967 |
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