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1997 (7) TMI 677 - SC - Indian Laws

Issues Involved:
1. Allegations of professional misconduct against the appellant advocate.
2. Purchase of disputed property by the appellant from his client.
3. The validity of the disciplinary proceedings and the punishment awarded.

Issue-Wise Detailed Analysis:

1. Allegations of Professional Misconduct Against the Appellant Advocate:
The appellant, an advocate practicing in Delhi, faced allegations of misconduct and was suspended from practice for one year by the Disciplinary Committee of the Bar Council of India. The appellant was accused of purchasing property from his client, Vidya Wati, which was under litigation and whose title was disputed. The Bar Council of India found that the appellant's conduct was unbecoming of professional ethics and conduct, highlighting that a lawyer should not purchase property whose title is under doubt, especially from a client involved in litigation.

2. Purchase of Disputed Property by the Appellant from His Client:
The appellant purchased the ground floor of property No. 4858-A, 24 Daryaganj from Vidya Wati by a sale deed dated December 30, 1982, despite knowing that the property was the subject matter of litigation. The Bar Council of India noted that Vidya Wati had described herself variably as the real sister, step-sister, or half-blood sister of Srikishan Dass, casting doubt on her claim to the property. The appellant's son-in-law, Suresh Kumar Gupta, also purchased the second floor of the same property. The Bar Council of India found that the appellant's conduct in these transactions was against professional ethics, as he knew the property was under litigation and Vidya Wati's title was disputed.

3. The Validity of the Disciplinary Proceedings and the Punishment Awarded:
The appellant contended that the complaint was motivated and filed by an interested person, Ram Murti, who had no title to the property. He also argued that no specific charges were framed in the disciplinary proceedings, causing prejudice to his defense. However, the court found no substance in these arguments, stating that the appellant was fully aware of the allegations he had to meet and that the charge was not complicated. The court emphasized that the appellant's conduct in buying the property from his client, who was involved in litigation, was improper and raised serious questions about his fairness in the conduct of the trial. The court upheld the Bar Council of India's decision, stating that the appellant's actions had subverted the process of justice and brought the administration of justice into disrepute. The court found no reason to interfere with the punishment awarded to the appellant, affirming the one-year suspension from practice.

Conclusion:
The appeal was dismissed, and the court upheld the Bar Council of India's decision to suspend the appellant advocate from practice for one year due to professional misconduct. The court emphasized the importance of maintaining discipline and professional ethics among advocates to ensure the purity and integrity of the administration of justice.

 

 

 

 

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