Judgements Misconduct of Advocates

Here are some Judgements where Advocates have been penalised for their misconduct .

From: Prassoon Suryadas <psuryadas@yahoo.co.uk>
To: saveindianfamily@yahoogroups.com
Cc: sif-usa@yahoogroups.com
Sent: Mon, November 9, 2009 12:22:24 PM
Subject: [SaveIndianFamily] Misconduct of Advocates

Some of the MISCONDUCTS by Advocates
============ ========= ========= ==

1) Non – appearance of the counsel in the case is professional misconduct. For withdrawal notice to the client be given. G. Sridher & Anr. v. State of A.P. 2005(2) RCR(Cri.) 116 A.P. 
2) An advocate is an officer of the Court and legal profession is not a trade or business, rather it is an officer of the court and legal profession is not a trade or business rather it is a noble profession and advocates have to strive to secure justice for their clients within legally permissible limits. R.N. Sharma Advocate v. state of Haryana , 2003 (3) RCR (Cri) 166 (P&H).
3) Rs. 8118 received by the counsel on behalf of his client and kept with him. Then produced forged documents to establish that he has paid the amount. Licence cancelled permanently. Harish Chander Tiwari v. Baiju, 2002 SCC (Cri,) 294 (SC): AIR 2002 SC 548.

4) Undue adjournments of the case is an abuse of the process and also a misconduct. Mohd. Khalid v . State of Wst Bangal ,2002 (4) Crimes 160 (SC).

5) Professional Misconduct-Running of STD/Photocopier in the name of advocate. Licence cancelled for 5 year. Bhupinder Kumar Sharma v. Bar Ass. Pathankot, Jt 2001 (9) (SC) 480: AIR 2002 SC 41.
6) Misconduct- Intentional harassment of the witness by avoiding the cross examination byu excuses is professional misconduct. N.D. Datane v. Shrikant S. Shivde, 2001(4) RCR (Cri.) 491 (SC): AIR 2001 SC 2028.
7) Strike by the advocates is illegal and unconstitutional. Client can sue for the damages due to the non-appearance of the advocate . Raman Services Pvt. Ltd. v. Subhash Kapoor, 2001 SCCC (Cri.) 3: JT 2000 (Suppl.2) (SC) 546: AIR 200 SC 207; Ex. Capt. Harish Uppal v. U.O.I, JT 2002 (10) (SC) 310 Const. Bench.
8) Retention of files of the clients for non-payment of dues by the client is misconduct on the part of the advocate R.D. Saxena v. Balram Prasad Sharma, JT 2000 (9) (SC) 432: AIR 2000 SC 2912.
9) Fees charged by the advocate but suit not field . It amounts to misappropriation of amount. D.S. Dalal v. State Bank of India , 1993 (2) RRR 116: AIR 1993 SC 1608.
10) Appearance of another counsel in the case without obtaining the permission of the counsel already engaged by the client . it is misconduct on the part or the advocate appearing afresh. Giri Raj Parshad Sharma v. Rajasthan Uni. 1987 civil Court Cases 37.

For more info :- http://www.vakilno1.com/Legal-FAQ/Advocates-Act-1961-Tips1.php

Prassoon Suryadas
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____________ _________ _________ __
From: Sanil Sukumaran <sanilsukumaran@ nexdox.com>
To: sif-kerala@yahoogro ups.com
Cc: saveindianfamily@ yahoogroups. com
Sent: Mon, 9 November, 2009 10:19:22
Subject: [SaveIndianFamily] Any action?


Is there any action that can be taken against an advocate (complaint’s
advocate) in prolong a false 498A case? Both criminal and civil? Any
submission to the Bar Association or anything like that? Anyone know?
Please disclose?


Sanil Sukumaran
Software Developer

Tel: 0844 324 1000

DDI: 0844 324 1146

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One Response to “Judgements Misconduct of Advocates”

  1. vibha Says:



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