0704 06 Professional Ethics Case : John D'souza Vs Edward Ani

JOHN D'SOUZA VS EDWARD ANI 17 DECEMBER  1993

                                                                         

PETITIONER: JOHN D'SOUZA                              RESPONDENT: EDWARD ANI

BENCH: Justice Pandian S R, Justice Sawant P B

CITATION: 1994 AIR 975 ,1994 SCC (2)64 1993 SUPL. 327 ,1993 SCALE (4)702

LAWS INVOLVED : Advocates Act, 1961-section 35 Professional misconduct

FACTS: 

    It is about a married couple N.E. Raymond and Mrs Mary Raymond. Mary Raymond made a 'will' which was drafted by advocate John D'souza. N.E. Raymond was made as the executor of will. John D'souza gave a receipt dated 5 Jul 1968 for entry in the register of wills, as Mrs Mary Raymond had entrusted that 'will' with advocate John D'souza. But before wife, husband N.E. Raymond died in 1974. Mary Raymond changed her lawyer and made Mr George D'Costa as her advocate. Advocate George the Costa requested the appellant advocate John D'souza to return the 'will', but he denied having it. Thereafter, Mrs Mary Raymond was obliged to make another will prepared by Mr George DaCosta on 24 Jun 1978.

   Advocate John D'souza filed the stay petition for the same, under section 14(2) of Advocate's act and appeal before the Supreme Court.

ISSUES: 

Weather an act of the advocate, not handing over the will in his custody to the client, amounts to professional misconduct?

JUDGEMENT: 

    The responded has proved that, the appellant and had not return the will, appellant has changed his stand and denied having the 'will' later he said that, he had return it in 1982, there is no such proof, he was bound in duty to return the said will when demanded. The appeal is accordingly dismissed, and the stay granted by the court shall stand vacated.

    Supreme Court held that the advocate has committed breach of his professional duty and found him guilty of professional misconduct. The Supreme Court further stated that the conduct of appellant not returning the will even on demand is unworthy of an advocate belonging to a noble profession. The appeal dismissed and the stay granted Supreme Court shell stand vacated. No cost.

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Reference

(166) JOHN D'SOUZA VS EDWARD ANI,1994 - YouTube