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TMI Blog1998 (10) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... s Legal Advisor in various Companies run by the family. Petitioner, in view of his intimate connection with the family (not as an advocate) was also asked to co-ordinate with the Arbitrator. It is said that at the instance of the Arbitrator, a settlement deed was executed containing 17 pages with 26 clauses, and the same was prepared on 14.7.1993. The document was signed by some of the parties and the same was entrusted to the petitioner for getting the signatures of the rival group. In the complaint, it is said that for nearly two years, petitioner did not get the signatures, and in the meanwhile, one of the beneficiaries under the deed also died. Later, when repeated requests were made, petitioner seems to have represented that the last page was missing and, therefore, he could not get the signature from the rival group. Subsequently, he added two more clauses to the deed and incorporating a photo copy of the original of the 17th page, and after getting the signatures of the concerned, returned the paper to the complainant. This is the sum and substance of the complaint filed by third respondent before the Bar Council. In the complaint, it is said that as a co-ordinator, he has n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l of India is for one of the principal purposes to see that the standards of professional conduct and etiquette laid down by the Bar Council of India are observed and preserved. The Bar Councils therefore entertain case of misconduct against advocates. The Bar Councils are to safeguard the rights, privileges and interests of advocates. The Bar Council is a body corporate. The disciplinary committees are constituted by the Bar Council. The Bar Council is not the same body as its disciplinary committee. One of the principal functions of the Bar Council is regard to standards of professional conduct and etiquette of advocates is to receive complaints against advocates and the Bar Council has reason to believe that any advocate has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. The Bar Council of a State may also of its own motion, if it has reason to believe that any advocate has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. It is apparent that a State Bar Council not only receives a complaint but is required to apply its mind to find out whethe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 980)1MLJ121 presided over by the Hon'ble Mr. Justice C.R.J. Paul, a Full Bench of our Court considered as to what is meant by 'misconduct'. The Full Bench said that 'whether it is professional misconduct or misconduct otherwise has to be judged by the Bar Council which has to be satisfied about the commission of such misconduct, as technically understood under the Advocates Act'. The Full Bench further said that, every misconduct may not be professional misconduct or other misconduct contemplated by section 35'. it is better to extract paragraphs 20 to 29 of the judgment, for our purpose. They read as follows:- As misconduct has not been defined, we have to be guided by the meaning which is obtainable for the expression in ordinary and common parlance. 'Misconduct', as explained in the dictionary, is improper conduct. The propriety of the conduct of the Advocate is to be inquired into by the commission. Whether it is professional misconduct or misconduct otherwise has to be judged by the Bar Council which has to be satisfied about the commission of such misconduct, as technically understood under the Advocates Act. Every misconduct may not be pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aged as a counsel by any one. The Arbitrator was an utter stranger to the family, but who was interested in the welfare of the family. He was a Counsel from Bangalore. It was he who prepared the family settlement deed. Even according to the complaint, the petitioner is only a coordinator which means that the petitioner was asked to work together as a person knowing the details of the family. The Arbitrator is also a person who knows about the in and out of the family, and along with him the petitioner herein is appointed as a co-ordinator, i.e., to work with him to effect a settlement. It is admitted by both sides that a settlement was also arrived at, and some of the parties also signed the document. Thereafter, the petitioner was entrusted with the task of getting the signatures of some of the persons. That entrustment to his was not as a Counsel by any one, but only as coordinator. There also, he has not discharged his work as Counsel of anyone. There was some delay in getting the signatures and the petitioner has got his own explanation for the same. I am not concerned whether it is valid or acceptable, since the only question before me is whether, on the basis of the complaint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r than the words is satisfied . The belief entertained by the Income Tax Officer must not be arbitrary or irrational. It must be reasonable or in other words it must be based on reasons which are relevant and material... Their Lordships further went on and said thus:- ...If there is no rational and intelligible nexus between the reasons and the belief, so that, on such reasons, no one properly instructed on facts and law could reasonably certain the belief, the conclusion would be inescapable that the Income Tax Officer could not have reason to believe that any part of the income of the assessee had escaped assessment and such escapement was by reason of the omission or failure on the part of the assessee to disclose fully and truly all material facts and the notice issued by him would be liable to be struck down as invalid. The same principle is reiterated in the decision reported in Dr. Partap Singh and another v. Director of Enforcement, 1986CriLJ824 Foreign Exchange Regulation Act and others. 11. If this is the meaning which we have to apply for the expression 'reason to believe' I believe that no person who was properly instructed on facts would come ..... 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