Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Advocates Act. 1961 - s. 38-Professional misconduct - Gross |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Advocates Act. 1961 - s. 38- Professional misconduct - Gross negligence - Allegation by the complainant that he handed over cheque to appellant-advocate to initiate criminal action u!s. 138 NI but cheque was not returned to him - Order by the Disciplinary Committee of the Bar Council of India that appellant guilty of gross negligence in discharge of his professional service to the client since he failed to get the acknowledgement from the complainant for having returned the cheque - imposition of punishment of reprimand and fine - Correctness of - Held: Nobility, sanctity and ethicality of the profession has to be kept uppermost in the mind of an Advocate - In view thereof his conduct has to be weighed - On scrutiny of the evidence, act of the appellant cannot be treated to be in the realm of gross negligence. but only one of negligence - Thus. the order passed by Disciplinary Committee of the Bar Council of India set aside. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 1265 |
Petitioner | T. A. Kathiru Kunju |
Respondent | Jacob Mathai & Anr. |
SCR | [2017] 2 S.C.R. 516 |
Judgement Date | 2017-02-16 |
Case Number | 3860 |
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