Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Genesis of dispute was a mere misunderstanding regarding deposit of costs which stood resolved during pendency of proceedings - Advocate was held guilty of professional misconduct merely on basis of bald allegations contained in complaint without complainant being examined on oath and without affording..........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Once complainant himself expressed complete satisfaction with professional services rendered by advocate and categorically sought to withdraw complaint, very substratum of disciplinary proceedings ceased to exist - Order holding advocate guilty of professional misconduct, unsustainable...........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Reprimand is also one of penalties...........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - A-1 gave an undertaking not to resume practice - In view of this undertaking, nothing survives in appeal preferred by complainant against A-1 - However, as regarding A-2 being son of A-1 was in practice only for one year at the relevant time and he was assisting his father/A-1 as his junior colleague -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs - Applicant contended that his earlier counsel could not effectively cross-examine PWs - Incompetency of a Lawyer engaged by applicant cannot be presumed by Court - Applicant had engaged a Lawyer of his choice - If applicant is of the view that his Lawyer had deliberately not put certain questions thereby..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant a practicing Advocate - Practicing Advocate advanced loan to his client - Practicing Advocate is barred from having any business transactions or loan transactions with his client - Act of complainant amount to professional misconduct - Entire proceedings nothing but clear abuse of process of..........
Medical Negligence - - Withholding of medical record - Professional misconduct - Total blindness of pre-mature baby due to negligence of hospital - Withholding medical records of premature baby, for a period of 2 years, would constitute grave professional misconduct u/regul. 7, apart from being a gross deficiency in service on part of Hospital and its Management...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - Witnesses cannot be recalled merely because subsequently engaged lawyer is of the view that previous lawyer has not performed his duties efficiently or he was an inefficient lawyer or is guilty of professional misconduct, more particularly where full opportunity of hearing was given to applicant and he..........
Chartered Accounts Act, 1949, Section 21(3) - - Schedule-I of Part-IV - Misconduct by Chartered Accountant - Sale of 100 shares by respondent in his own name - Disciplinary Committee found Chartered Accountant guilty of practice, which is not in his professional capacity as per Schedule-I of Part-IV - High Court failed to consider said fact - Impugned order of removal of..........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Act of Advocate nothing to do with professional conduct - Very initiation of disciplinary proceedings against appellant by State Bar Council held, improper and without jurisdiction and hereby set aside...........
