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Supreme Court upholds order to bar Advocate from practice for running taxi service [Read Order]

By LAWSTREET NEWS NETWORK      05 September, 2023 11:55 AM      0 Comments
Supreme Court upholds order to bar Advocate from practice for running taxi service

NEW DELHI: The Supreme Court has rejected an appeal by a man against the Bar Council of India's decision to bar him from practicing law as an advocate for one year for misconduct, in view of him running a taxi service.

"We find no error in the action taken by the Disciplinary Committee when for the misconduct, the appellant was directed not to practice law for a period of one year," a bench of Justices Abhay S Oka and Pankaj Mithal said.

The top court found the allegations made against appellant Phoola Ram Jaat as of "a very serious nature" and rejected his appeal against the decision by the disciplinary committee of the Bar Council of India.

"The Disciplinary Committee of the Bar Council found that the appellant was having a business of running taxi service. The Disciplinary Committee also found that there is striking similarity in the first name of the registered owner of the vehicle used for business and the appellant. Moreover, the name of the father of the appellant and the registered owner is the same and more importantly, the vehicle was registered at the address of the appellant," the bench said.

It also pointed out that the findings of the disciplinary committee of the Bar Council of India were based on documentary evidence.

Apart from this, the bench also noted another professional misconduct against the appellant.

The court was informed that the appellant was found to have represented the complainant, his brother and mother in a civil suit. Thereafter, the appellant represented his mother in a civil suit filed by her against the complainant in respect of the same land. The appellants mother claimed on the basis of the agreement for sale executed by the complainant and his family members.

"After perusing the records, the Bar Council found that the appellant had appeared as advocate in both the proceedings. This is one professional misconduct established against him," it said.

 

[Read Order]



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