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...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Rival litigant an Advocate - Not a ground for transfer of case...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - llegations about influence of litigant-advocate is not sufficient, more particularly when litigation is pending between parties since long and they were represented by counsel from local bar...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought after recording of evidence of two witnesses i.e. after commencement of trial - No explanation as to why such amendment was not sought at initial stage or atleast before commencement of trial - Mere explanation given that Advocate before Trial Court took wrong plea, such contention..........
Evidence Act, 1872, Section 126 -- Professional communications - Directing Advocate to file affidavit disclosing source of document filed in Court - Act of handing over and the information regarding origin of that document is part of professional confidentiality - Primary responsibility for the documents filed in Court lies with the party - Compelling advocate to file..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Dismissal of writ appeal - No error apparent on face of record in the order of dismissal of writ appeal - Counsel who argued writ appeal has not filed review petition and same has been filed by another counsel - Petitioner by filing review petition is wasting precious time of Court by filing..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To decide the title dispute involved in the case, there is no need for appointment of an Advocate Commissioner to measure suit property - In other words, appointment of Advocate Commissioner is not necessary to find answers to questions involved in the case - Application rightly..........
Civil Procedure Code, 1908, Order 3, Rule 4(2) -- Withdrawal of Vakalatnama - Advocate representing defendants had claimed no instructions but not sought withdrawal of his Vakalatnama - High Court without any justification went on to consider the procedure prescribed for withdrawal of Vakalatnama when neither withdrawal of Vakalatnama was permitted by Trial Court nor..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration that sale deed is null and void and recovery of possession - To decide validity of sale deed and to decide title of plaintiff, physical features of property need not be noted down - Further, Advocate Commissioner is not entitled to give any finding with regard to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Without issuing notice to defendants/petitioners - Partition suit - Commissioner appointed to take measurements of suit property in terms of preliminary decree - While taking mere measurements of property which is to be partitioned, irrespective of presence of any of party, measurements..........
