Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1961 Ss. 35 and 38 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; Ss. 35 and 38:Complaint of misconduct filed by tenant against landlord, a practising Advocate-State Bar Council transferring it to Disciplinary Committee of Bar Council of India-BCI refusing to enquire into the complaint on grounds that landlord did not appear in the rent control proceediings as an Advocate but as a party in person and no criminal proceeding was initiated by the tenant nor did police file charge-sheet against the landlord-On appeal, Held: Standard required to be maintained by a member of the legal profession must be commensurate with the nobility thereof-Although power of BCI is not limited but the thrust of charge must be such which would necessitate initiation of disciplinary proceeding-Disciplinary Committee of BCI, a statutory body, is duty bound to arrive at finding of facts in respect of the complaint-However, findings of BCI not so irrational meriting interference by this Court. Words and Phrases:'Misconduct'-Meaning of-In the context of Advocates Act, 1961. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2004 INSC 270 |
Petitioner | Nora Tanmal Chouraria |
Respondent | M.r. Murli And Anr. |
SCR | [2004] Supp. (1) S.C.R. 266 |
Judgement Date | 2004-04-16 |
Case Number | 5476 |
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