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TMI Blog2014 (4) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... the Code, including Rule 22 thereof, have no applicability to the proceedings before a Disciplinary Committee. The Disciplinary Committee of the State Bar Council has considered the entire material, including the evidence of the complainant and the advocate appellant and arrived at the finding that the advocate appellant was guilty of professional mis-conduct for having attested the sale deed dated November 3, 1999 containing a statement that the shop on the western side of the saleable property in occupation of the complainant has already been transferred to the advocate appellant by giving him ownership right. The attestation of the sale deed containing the above statement, which was apparently false to the knowledge of advocate appellant, amounted to professional mis- conduct. The vendor-Jitender Singh Bakna and his father Sardar Desh Singh Bakna were the clients of the advocate appellant. As a matter of fact, the advocate appellant had filed a suit on behalf of the vendor against the complainant seeking his eviction from the premises for which the statement was made in the sale deed dated November 3, 1999 that the said premises in occupation of the complainant has been trans ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into an agreement to sell the suit property to the complainant on November 15, 1991 and the vendor's father has already received an amount of Rs. 2,00,000/- towards the sale consideration. The complainant alleged that he had already filed a suit for specific performance of the agreement dated November 15, 1991 which was pending and was within the knowledge of the advocate appellant. As a matter of fact, the advocate appellant had instituted a suit on behalf of Sardar Desh Singh Bakna against the complainant for eviction of the said shop showing the complainant as a tenant of Sardar Desh Singh Bakna. 3. On notice, the advocate appellant filed reply to the complaint and denied the allegations made against him. In his reply, the advocate appellant explained the circumstances in which the sale deed dated November 3, 1999 was executed. He expressed his ignorance about the statement made in the sale deed dated November 3, 1999 regarding sale of shop in occupation of the complainant to the advocate appellant by the vendor. 4. On the pleadings of the parties, the Disciplinary Committee of the State Bar Council framed the following issues :- 1. (a) Whether the Respondent-Advoca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2004, the cross-appeal preferred by the advocate appellant was dismissed. 8. Civil Appeal No. 2293 of 2005 preferred by the advocate appellant arises from the order of the Disciplinary Committee of the Bar Council of India whereby complainant's appeal for enhancement of punishment has been allowed, while Civil Appeal No. 4484 of 2005 has been preferred by the advocate appellant aggrieved by the order dismissing his cross- appeal as not maintainable. 9. The order dated October 31, 2004, whereby the advocate appellant's cross-appeal has been dismissed by the Disciplinary Committee of the Bar Council of India, reads as follows :- After the conclusion of hearing of Disciplinary Appeal No. 55 of 2002, an application has been filed by the respondent- advocate seeking permission to file a cross- appeal in the above noted appeal. Under Section 37 of the Advocates Act an appeal should be filed within period of 60 days from the date of communication of the order passed by the Disciplinary Committee of the State Bar Council. There is however no provision for filing application seeking permission to file any appeal or cross-appeal. Therefore, the application filed by the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hus, the provisions contained in Order 41 of the Code, including Rule 22 thereof, have no applicability to the proceedings before a Disciplinary Committee. 13. Appeal is a creature of statute. The extent and scope of an appeal is governed by statutory provisions. Section 37 of the 1961 Act is the statutory provision for an appeal to the Bar Council of India from the order of the disciplinary committee of the State Bar Council. Section 39 of the 1961 Act, however, makes Sections 5 and 12 of the Limitation Act, 1963 applicable to the appeals preferred under Section 37 and Section 38 of the 1961 Act. There is no provision like Order 41 Rule 22 of the Code in the 1961 Act. The cross-objections titled 'cross-appeal' preferred by the advocate appellant being wholly mis-conceived have rightly been held to be not maintainable by the Disciplinary Committee of the Bar Council of India. 14. There may not be any difficulty in treating the 'cross-appeal' preferred by the advocate appellant as an appeal under Section 37 of the 1961 Act, but then such appeal is hopelessly time barred. The order was passed by the Disciplinary Committee of the State Bar Council on April 22, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e profession. It is not a business or a trade. A person practising law has to practise in the spirit of honesty and not in the spirit of mischief-making or money-getting. An advocate's attitude towards and dealings with his client has to be scrupulously honest and fair. 18. In V.C. Rangadurai Vs. D. Gopalan and others AIR 1979 SC 281 Krishna Iyer, J. stated :- Law's nobility as a profession lasts only so long as the members maintain their commitment to integrity and service to the community. 19. Any compromise with the law's nobility as a profession is bound to affect the faith of the people in the rule of law and, therefore, unprofessional conduct by an advocate has to be viewed seriously. A person practising law has an obligation to maintain probity and high standard of professional ethics and morality. 20. In the above backdrop, if the conduct of the advocate appellant is seen, it becomes clear that he was privy to the following false statement recorded in the sale deed dated November 3, 1999 :- That on the Western side of the saleable property one shop adjacent to the Sahara lounge having 257 sq.ft. is there and in which at present Shri Nathu La ..... X X X X Extracts X X X X X X X X Extracts X X X X
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