Advocate -- Employed by Government or a Body Corporate - Does not cease to be an Advocate if he is required to act or plead in Courts on behalf of the employer - If he is not acting or pleading on behalf of his employer, then he ceases to be an advocate...........
Contempt of Courts Act, 1971, Section 2(c), 12 -- Contempt of Court by an Advocate - An advocate has no wider protection than a layman when he commits an act which amounts to contempt of Court - It is most unbefitting for an advocate to make imputations against the Judge only because he does not get the expected result, which according to him is the fair and reasonable..........
Advocates Act, 1961, Section 35, 38 -- Bar Council of India Rules, Rr.47, 48 - Professional misconduct - It is in the nature of quasi criminal charge - Requires to be established not be preponderance of probabilities but beyond reasonable doubt - Charge that Advocate carried on taxi business - At the time of enrolment he had owned taxis - Plea of Advocate that after..........
Punjab Land Revenue Act, 1887, Section 14, 13, 116 -- Delay of 5 years in filing appeal - Partition order passed by Assistant Collector - Party filed civil suit for setting aside order of partition - Suit dismissed and so also appeal against it on the ground that Civil Court has no jurisdiction in the matter and remedy lay to approach Revenue Authorities - Delay of 5 years..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Application to set aside ex parte decree - Delay of 883 days - Delay caused due to failure of advocate to inform appellant as well as his failure to take action - Found to be satisfactory by trial Court - High Court in revision setting aside the same - Not proper - Court should compensate opposite party in such cases..........
Limitation Act, 1963, Section 5 -- Delay of 883 days in approaching Court against dismissal in default of application to set aside ex parte decree - Non-action on part of Advocate explained as cause of delay - Litigant cannot be castigated as irresponsible on account of not contacting Advocate about stage of proceedings at any point of time - Omission to adopt such extra..........
Lawyers' Chambers -- To make available a chamber to an Advocate within Court premises merely facilitates the exercise of fundamental of practicing legal profession - It cannot be regarded as an integral part of fundamental right - Not giving a chamber cannot be regarded as violative of Article 19(1)(g) of the Constitution...........
Defamation -- Reply to notice by defendant containing defamatory matter - Drafting of the reply notice was prepared at the instructions of the defendant at Advocate's office in the presence of some other persons coupled with the fact that the written portion was got typed elsewhere - Amounts to publication - Held, defendant is liable for damages...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Suit fixed for plaintiff's evidence - Plaintiff and his Advocate absent - Defendant's Advocate present - Suit dismissed U.O.9.R.9 - Fresh suit based on same cause of action and seeking same relief is not tenable in view of provisions of O.9.R.9 CPC...........
Civil Procedure Code, 1908, Order 3, Rule 1, 4 -- Suit fixed for plaintiff's evidence - Plaintiff and his Advocate absent - Defendant's Advocate present - Court recording finding that though defendant's Advocate was present, his presence could not be considered to be presence of the defendant - Said observations of the Court contrary to provisions of O.3.R.1 of the Civil..........
