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TMI Blog2015 (4) TMI 1229X X X X Extracts X X X X X X X X Extracts X X X X ..... better to seek appropriate instructions from the client or his authorized agent before making any concession which may, directly or remotely, affect the rightful legal right of the client. The advocate represents the client before the Court and conducts proceedings on behalf of the client. He is the only link between the Court and the client. Therefore his responsibility is onerous. He is expected to follow the instructions of his client rather than substitute his judgment. In view of the above, while allowing these appeals, we set aside the directions issued by the Writ Court to the Appellant-Society as also the judgment and order passed by the High Court in Review Petition. - Civil Appeal Nos. 4360-4361 of 2015 (Arising out of S.L.P. (C) Nos. 9302-9303 of 2013), Civil Appeal Nos. 4363-4364 of 2015 (Arising out of S.L.P. (C) Nos. 9305-9306 of 2013) - - - Dated:- 29-4-2015 - Civil Appeal Nos. 4347-4348 of 2015 (Arising out of S.L.P. (C) Nos. 9308-9309 of 2013), Civil Appeal Nos. 4365-4366 of 2015 (Arising out of S.L.P. (C) Nos. 9310-9311 of 2013), Civil Appeal Nos. 4353-4354 of 2015 (Arising out of S.L.P. (C) Nos. 9314-9315 of 2013), Civil Appeal Nos. 4351-4352 of 2015 (Aris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... However, in the interest of justice the Registrar has provided a last opportunity to the Respondents to pay their outstanding dues to the Appellant-Society within four weeks, failing which their expulsion from the Appellant-Society would come into effect. The Respondents not having complied with the aforesaid order, the said resolution stood confirmed and the Respondents ceased to be members of the Appellant-Society. 6. The aforesaid order of the Registrar was carried in appeal by the Respondents before the Presiding Officer, Delhi Co-operative Tribunal Under Section 86(4) of the Delhi Co-operative Societies Act, 2003. However, on a later date, the Respondents withdrew the said appeal and preferred Revision Petition before the Financial Commissioner, Government of NCT of Delhi Under Section 80 of the Act. The Revisional Authority has carefully considered the documents on record and the submissions made by parties to the lis and concluded that the Registrar has rightly confirmed the expulsion of members of the Society. The Revisional Authority, while dismissing the revision petitions, by its order dated 24.02.2005 has noticed that despite ample opportunity provided to the Respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with Article 227 of the Constitution of India, the Writ Court was not justified in passing the incidental and ancillary directions in respect of construction and allotment of the additional flats/apartments to the Respondents. In support of his contention, Shri Bhushan would rely upon the concurrent finding of the Registrar, Revisional Authority and the Writ Court and submit, that, the Respondents are indeed the defaulters and, therefore, they were not entitled to continue as members of the Appellant-Society. Further, Shri Bhushan would submit that Appellant-Society at no point of time had authorized the learned Counsel for the Appellant-Society to make any concession before the Writ Court and such being the case, the Writ Court ought not have issued any further direction to the Appellant-Society solely on the basis of a concession made by the lawyer appearing on its behalf without any express consent by the Appellant-Society. 13. Learned Counsel, Shri N. Prabhakar, appearing for one set of the Respondents submits that the Writ Court had only issued the impugned directions in light of the concession made by the learned Counsel for the Appellant-Society. Shri Prabhakar would sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s no more debatable in view of the decision of this Court in the case of Jaisingh and Ors. v. Municipal Corporation of Delhi and Anr . (2010) 9 SCC 385. The Court has stated: 15...we may notice certain well recognised principles governing the exercise of jurisdiction by the High Court Under Article 227 of the Constitution of India. Undoubtedly the High Court, under this article, has the jurisdiction to ensure that all subordinate courts as well as statutory or quasi-judicial tribunals, exercise the powers vested in them, within the bounds of their authority. The High Court has the power and the jurisdiction to ensure that they act in accordance with the well-established principles of law. The High Court is vested with the powers of superintendence and/or judicial revision, even in matters where no revision or appeal lies to the High Court. The jurisdiction under this article is, in some trays, wider than the power and jurisdiction Under Article 226 of the Constitution of India. It is, however, well to remember the well-known adage that greater the power, greater the care and caution in exercise thereof. The High Court is, therefore, expected to exercise such wide powers with g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondents from the membership of the Appellant-Society. The Writ Court, in the impugned judgment and order, has also reached the conclusion that since the Respondents had defaulted in paying the principal amount to the Appellant-Society, the Appellant-Society was justified in expelling them from the membership of the Appellant-Society and hence, confirmed the orders passed by the authorities below. 21. The Writ Court after considering the merits of the case has come to the conclusion that the expulsion of Respondents from the Appellant-Society was justified. Having said so, in our view, the Court ought not to have issued the impugned directions merely because a request was made by the learned Counsel appearing for the Respondents-herein. The same would hold true even if a concession was made by the counsel for the Appellant-Society. The Court, while, exercising its powers Under Article 227 of the Constitution of India, ought to have confined itself to the subject matter and the issues raised by parties in the Writ Petition. The digression of or expansion of the supervisory jurisdiction Under Article 227 of the Constitution of India, would open precarious floodgates of litigat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lt the client or in making the decision for the client, is more likely to constitute ineffective assistance of counsel. 24. The Bar Council of India Rules, 1975 (for short, the BCI Rules ), in Part VI, Chapter II provide for the 'Standards of Professional Conduct and Etiquette' to be observed by all the advocates under the Advocates Act, 1972 (for short, the Act, 1972 ). In the preamble to Chapter II, the BCI Rules provide as follows: An advocate shall, at all times, comport himself in a manner befitting his status as an officer of the Court, a privileged member of the community, and a gentleman, bearing in mind that what may be lawful and moral for a person who is not a member of the Bar, or for a member of the Bar in his non-professional capacity may still be improper for an advocate. Without prejudice to the generality of the foregoing obligation, an advocate shall fearlessly uphold the interests of his client and in his conduct conform to the rules hereinafter mentioned both in letter and in spirit. The rules hereinafter mentioned contain canons of conduct and etiquette adopted as general guides; yet the specific mention thereof shall not be construed as a deni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 'Advocate's duty to the Client'. Rule 26 thereunder mandates that an advocate shall not make any compromise or concession without the proper and specific instructions of his/her client. It is pertinent to notice that an advocate under the Code expressly includes a group of advocates and a law firm whose partner or associate acts for the client. 29. Therefore, the BCI Rules make it necessary that despite the specific legal stream of practice, seniority at the Bar or designation of an advocate as a Senior advocate, the ethical duty and the professional standards in so far as making concessions before the Court remain the same. It is expected of the lawyers to obtain necessary instructions from the clients or the authorized agent before making any concession/statement before the Court for and on behalf of the client. 30. While the BCI Rules and the Act, does not draw any exception to the necessity of an advocate obtaining instructions before making any concession on behalf of the client before the. Court, this Court in Periyar and Pareekanni Rubber Ltd. v. State of Kerala (1991) 4 SCC 195 has noticed the sui generis status and the position of responsibility enj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cipals as long as they are unequivocal; where, however, doubt exists as to a purported admission, the Court should be wary to accept such admissions until and unless the counsel or the advocate is authorised by his principal to make such admissions. Furthermore, a client is not bound by a statement or admission which he or his lawyer was not authorised to make. Lawyer generally has no implied or apparent authority to make an admission or statement which would directly surrender or conclude the substantial legal rights of the client unless such an admission or statement is clearly a proper step in accomplishing the purpose for which the lawyer was employed. We hasten to add neither the client nor the Court is bound by the lawyer's statements or admissions as to matters of law or legal conclusions. Thus, according to generally accepted notions of professional responsibility, lawyers should follow the client's instructions rather than substitute their judgment for that of the client. We may add that in some cases, lawyers can make decisions without consulting client. While in others, the decision is reserved for the client. It is often said that the lawyer can make decisions a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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