0704 02 Professional Ethics Case : Vijay Singh Vs Murarilal

CASE NAME: VIJAY SINGH RATHORE VS. MURARILAL & ORS.

PETITIONER: VIJAY SINGH RATHORE                       

RESPONDENT: MURARILAL & ORS

BENCH: V. R. KRISHNA IYER (J), D.A. DESAI (J), ANAND DEV KOSHAL (J)

CITATION: AIR, 1979 SC 1719

 

LAWS INVOLVED : Bar Council of India Rules,1975:  Rule 10, Chapter II, Part 6, An Advocate should not stand a Surety, or certify the soundness of a surety for his client required for the purpose of any legal proceedings.

The Advocates Act, 1961: Section 35 Punishment of advocates for misconduct.

 

FACTS: 

    The Appellant was practicing lawyer of 21 years of age. He has improperly certified the solvency of surety for the accused, who was his client in a bailable offence. A complaint was filed u/s 35 of The Advocate Act,1961 before The Bar Council of India on the ground that there was violation of Bar Council of India Rules, 1975, Part 6 Chapter II Rule 3.

     Appellant Advocate was suspended for one month by the Disciplinary Tribunal of the Bar Council of India. The Appellant Lawyer, Adv. S.S. Khanduja pleaded in Supreme Court that, the sentence awarded by the Tribunal of B.C.I. was unjust and unreasonable. Further he said, while awarding the sentence, the Tribunal did not take into consideration the past background of the Appellant

 

ISSUES:  

    Whether a lawyer can certify the solvency of surety or certify the soundness to his client for the purpose of any legal proceedings? 

 

JUDGEMENT: 

    The Supreme Court held that, in this case the Appellant Lawyer was young (Age 21 yrs.) and the offence was not tainted with turpitude and surety, whose solvency he certified, was found to be good. The Court considered the facts and circumstances and substituted the punishment of suspension with public reprimand and directed that he shall not violate the norm of professional conduct and shall uphold the purity and probity of the profession generally.

 

Supreme Court held that public admonition is an appropriate sentence in the present case and proceed to administer in open court.

 

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