Wednesday 8 February 2023

0704 OR 02 Other Relevant Case Shambhu Ram Yadav v. Hanuman Das Khatry


 

0704 OR 02 OTHER RELEVANT CASE SHAMBHU RAM YADAV VS HANUMAN DAS KHATRY


Case Name

Shambhu Ram Yadav v. Hanuman Das Khatry, (2001) 6 SCC 1

 

Bench

K.T. Thomas & Y.K. Sabharwal JJ

 

Citation

(2001) 6, SCC 1, Appeal Civil 6768 of 2000

 

Acts Included

The Advocates Act, 1961

 

Facts of the Case

             The respondent advocate wrote a letter to his client for Rs. 10000/- for deciding suit in his favour. The complainant files a complaint to the State Bar Council of Rajasthan for his misconduct.

              The State Bar Council held respondent advocate guilty for misconduct under section 35 of the Advocates Act, 1961 and suspended him for practice for 2 years. In response to the challenge filed by respondent advocate, the Bar Council of India enhance punishment and bar him permanently from practice vide its order dated 31 Jul 1999.

              In response to review petition filed by respondent, Bar Council of India accept his petition and revoked his suspension and only reprimanded the matter vide its order dated 04 Jun 2000.

 Issue of the Case

             Advocacy is a Nobel profession, and it is the responsibility of Bar Council of State as well as Bar Council of India as per Advocates Act, 1961 to maintain credibility and reputation of the profession.

 

Judgement of the Court

The Court set aside the impugned order dated 04 Jun 2002 of the Bar Council of India against review petition and restore original previous order of Bar Council of India dated 31 Jul 1991 with cost qualified Rs. 10000/-.

 

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