38.6c New Delhi, India, Tuesday, May 21, 2024

Supreme Court upholds the decision of Bar Council of India alleging professional misconduct by a lawyer [Read Order]

By Prachi Misra      23 July, 2020 05:21 PM      0 Comments
Supreme Court upholds the decision of Bar Council of India alleging professional misconduct by a lawyer

The Supreme Court has upheld the order by Bar Council of India dismissing a complaint alleging professional misconduct by a lawyer.

The counsel for defendant Bindu Kumar Mohanlal Shah in a suit filed by Harmanbhai Umedbhai Patel against a person who encroached a property which was “gaucher land”.

The complaint filed before the Bar Council was that the lawyer issued a public notice which has misled the public about the nature of the property. The lawyer issued a notice where Vithalbhai Babarbhai Patel was declared to be the owner of the land. 

The Bar Council dismissed the complaint stating that there was no misconduct on the part of the lawyer. The complainant contended that it is the duty of the lawyer towards his client but to the court and society as well. Reliance was placed on two judgments of the SC in 2001 (2) SCC 221 D.P Chadha Versus Triyugi Narain Mishra and 2016 (6) SCC 1 titled State of Punjab and Anr. Versus Brijeshwar Singh Chahal. 

In DP Chadha, it was seen that a lawyer discharging his professional assignment has a duty to his client, opponent, court, society at large, and to himself.

Looking at the notice issued by the Advocate, the bench comprising Justices L. Nageswara Rao, Hemant Gupta, and S. Ravindra Bhat said: “Though the respondent-advocate did not mention the name of his client in the public notice, the Disciplinary Committee of the Bar Council of India was right in holding that the respondent did not commit any moral turpitude amounting to any professional misconduct.”


 [Read Order]

Share this article:

Leave a feedback about this

Trending Judiciary
Cannot Allow the Game of Hide and Seek for Committing Murder of an Unborn Child: MP High Court [Read Order]

MP High Court denies abortion for minor rape victim, condemns misuse of legal authority to terminate pregnancy and prevent justice.

20 May, 2024 03:52 PM
Trending Judiciary
Pune Porsche Hit & Run: Bail Granted to 17 Year Old in Under 14 Hours, Asked to write essay

Bail granted to 17-year-old in Pune Porsche hit-and-run case within 14 hours. Conditions include educational tasks, supervision, and counseling. Incident killed two.

20 May, 2024 04:30 PM


Trending Judiciary
SC rebukes IMA chief; rejects apology for remarks

SC rebukes IMA chief R V Asokan; rejects his apology for remarks against the court in contempt proceedings involving Baba Ramdev and Patanjali's MD Acharya Balkrishna.

15 May, 2024 11:02 AM
Trending Judiciary
Can't allow parole for having procreation with live-in partner: Delhi HC [Read Order]

Delhi HC denied parole for a convict seeking procreation with a live-in partner, stating it would set a harmful precedent, considering his legal marriage and children.

15 May, 2024 12:19 PM
Trending Judiciary
SC declares arrest of Newsclick's Editor-in-Chief Prabir Purkayastha as invalid

SC declares Newsclick Editor-in-chief Prabir Purkayastha's arrest invalid. He was detained in October 2023 under UAPA for alleged pro-China propaganda. SC orders release.

15 May, 2024 12:30 PM
Trending Judiciary
SC declines to entertain plea for direction to EC to act against PM, BJP leaders

SC rejects plea seeking Election Commission action against PM and BJP leaders for alleged hate speeches during elections.

15 May, 2024 12:55 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email