0704 OR 03 Other Relevant Case RD Saxena VS Balram Prasad Sharma

0704 OR 03 OTHER RELEVANT CASE RD SAXENA VS BALRAM PRASAD SHARMA

Case Name:

R.D. Saxena Vs Balram Prasad Sharma (2000) 7 SCC 264

 

Bench:

K. T. Thomas JJ.

 

Citation: (2000) 7 SC C 264

 

Acts Included:

The Advocates Act, 1961

 

Facts of the Case:

             Petitioner R D Saxena was appointed as legal advisor of the Madhya Pradesh State Cooperative Bank Ltd. However, the bank terminated the retainership with the petitioner and request him to return all the case files of the Bank.

    But the petitioner informed the bank that, he will return the files only after the settlement of bill raised by him of Rs. 97100/- for his service towards bank.

    The Bank files complaint to the State Bar Council and the Disciplinary Committee of the State Bar Council held the petitioner guilty for professional misconduct.

 

Issue of the Case:

Has the Advocate a lien for his pending fees on the litigation papers or files entrusted to him by his client?

 

Judgement of the Supreme Court:

    The Supreme Court held that the refusal to return the files document to the client amounts to misconduct under section 35 of the Advocates Act, 1961.

 

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