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TMI Blog2004 (8) TMI 782X X X X Extracts X X X X X X X X Extracts X X X X ..... ,00,000/- and balance of Rs. 1,00,000/- was paid by his mother. The respondent, however, failed to sell the said premises and property to the complainant and returned the consideration of Rs. 3,00,000/- in the month of August, 1990 under six cheques for Rs. 50,000/- each (four in favour of the complainant and two in favour of the mother of the complainant). The said cheques, on presentation, were dishonoured and despite legal notices, the respondent failed to pay the amount for which a criminal case was also registered against the respondent. The complainant also alleged that since the respondent was a Chartered Accountant and Director of a Company M/s Vastukala Construction Pvt. Ltd., he had faith and trust in him. The complainant alleged that from this company, the complainant had agreed to purchase three flats in the complex Mahabalipuram at Baroda vide three agreements executed by the respondent on behalf of the company in January, 1989. Thereafter, the complainant had come to know of certain newspaper reports stating that the respondent had committed serious criminal offence, breach of trust and cheating and the respondent was arrested and the criminal case was pending against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . M. R. Murli, AIR 2004 SC 2440, wherein the professional misconduct of an advocate under the Advocates Act, 1961 was examined. The Supreme Court considered the aspect of misconduct in para Nos. 7, 8,9, 10,11, 12 and 13 thus: "Misconduct 7. Misconduct has not been defined in the Advocates Act, 1961. Misconduct, inter alia, envisages breach of discipline although it would not be possible to lay down exhaustively as to what would constitute conduct and indiscipline, which, however, is wide enough to include wrongful omission or commission whether done or omitted to be done intentionally or unintentionally. It means, "improper behaviour, intentional wrongdoing or deliberate violation of a rule or standard of behaviour". 8. Misconduct is said to be a transgression of some established and definite rule of action, where no discretion is left except what necessity may demand; it is a violation of definite law. 9. In Delhi Cloth and General Mills Co. Ltd. vs. Workmen Shah, J. stated that misconduct spreads over a wide and hazy spectrum of industrial activity; the most seriously subversive conducts rendering an employee wholly unfit for employment to mere technical de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ust be improper or wrong behaviour; unlawful behaviour, wilful in character; forbidden act, a transgression of established and definite rule of action or Code of Conduct but not mere error of judgment, carelessness or negligence in performance of the duty; the act complained of bears forbidden quality or character, Its ambit has to be construed with reference to the subject-matter and the context wherein the term occurs, regard being had to the scope of the statute and the public purpose it seeks to serve. The police service is a disciplined service and it requires to maintain strict discipline. Laxity in this behalf erodes discipline in the service causing serious effect in the maintenance of law and order." (See also Prabodh Kumar Bhowmick vs. University of Calcutta and B. C. Chaturvedi vs. Union of India). 11. Section 35 of the Advocates Act, however, refers to imposition of punishment for professional or other misconduct. A member of the legal profession which is a noble one is expected to maintain a standard in a dignified and determined manner. The standard required to be maintained by the member of the legal profession must be commensurate with the nobility, thereof ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im. While the Rent Control proceedings were pending in the Small Causes Court, the advocate-landlord committed misconduct by the following acts of omission and commission; i) On 8-10-1993 when the complainant came out of the Court hall after attending the appeal pending therein, the advocate-landlord came from behind and hit him on his back and ran away; ii) On 26-10-1993 while the complainant was coming out of the Court hall, the advocate-landlord accompanied by some rowdy elements threatened to kill him. The matter was alleged to have been reported to the police on same day, and iii) On 1-3-1995 during the lunch recess while the complainant was leaving the Court hall along with his advocate Shri S. Vijayranjan, the advocate-landlord kicked him on the knee of his left leg in the courtroom with an intention to cause injury and further asked him not to appear in the Court for evidence. The Disciplinary Committee of the Bar of Tamil Nadu upon receipt of the complaint initiated disciplinary proceedings against the advocate and the matter ultimately stood transferred to the Disciplinary Committee of Bar Council of India. The Disciplinary Committee of Bar Council of India did not find t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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