CiteTEXT
...but the administration of justice which is the foundation of the civilised society. Both as a leading member of the intelligentsia of the society and as a responsible citizen, the lawyer has to conduct...representing the Bar Council of India was good enough to state that he will suggest to the Bar Council of India to incorporate clauses (1), (2), (3) and (4) in the Bar Council of India (Conduct and Disciplinary...spite of the above interim directions and the statement of Mr P.N Duda, the Bar Council of India has not incorporated clauses (1) to (4) in the Bar Council of India (Conduct and Disciplinary) Rules...
...were required to be there, an intimation from the office of the lawyer would be sent. Inspite of those assurances the lawyer did not appear and the applicants suffered ex-parte decree and that such non...applicants should not suffer because of the fault of the lawyer and relied upon the following judgments:1. Sagaayam...to be seen is as to whether absence of the Advocate was bona-fide. This is to be examined in conjunction with the conduct of the party who had engaged Advocate viz. whether he was pursuing his case...
...warned the first accused for indulging in such unprofessional conduct by a lawyer. The first accused had also read out the extract which is per se defamatory with intent to defame the complainant and...First Assistant Judge himself objected to the reading of the extract by the first accused and he dismissed the argument on the point of the extract as irrelevant and professionally unethical. He also...First Assistant City Civil Judge, Madras, he showed to the learned Judge a letter said to have been sent by a lawyer A on behalf of his client to Late Advocate B who represented Dr. M.A Kareem, on...
...or the lawyer; death in the family of any one of them; natural calamity like floods, earthquake, etc. in the area where any of these persons reside; an accident involving the litigant or the witness or...the lawyer on way to the court and such like cause. The list is only illustrative and not exhaustive.17. However, the absence of the lawyer or his non-availability...because of professional work in other court or elsewhere or on the ground of strike call or the change of a lawyer or the continuous illness of the lawyer (the party whom he represents must then make...
...to engage the services of a legal practitioner in the conduct of his defence. The proceedings in the inquiry attract and are regulated by the Haryana Civil Services (Punishment and Appeal) Rules, 1952...services of a lawyer. Before the High Court, appellant challenged the proceedings in the inquiry on grounds of denial of natural justice. The High Court dismissed the writ petition in limine....4. The right of representation by a lawyer may not in all cases be held to be a part of natural justice. No general principle valid in all cases can be enunciated. In non-statutory...
...the law officers engaged by the State Government to conduct the cases on its behalf in the High Court. Incidentally, questions bearing on the profession of the lawyer, his relationship with his client...term, the District Judge has to give an estimate of the quality of the counsel's work from the judicial standpoint, his capacity as a lawyer and his professional conduct. Similarly, the District...and conduct, capacity as a lawyer, professional conduct, public reputation in general, and character and integrity as certified by the District Magistrate and the District Judge. For the said purpose...
...on the conduct of the Magistrate or on the lawyer were not at all called for because both of them were doing their duties according to law. On the view that we have taken, the Magistrate was fully...being privileged could not be disclosed to the court. On a parity of reasoning we find no impropriety on the conduct of the lawyer in refusing to show the statement of witnesses recorded by the court...lawyer to take copious notes of the statements of witnesses in order to be in a position to cross-examine the witnesses. Subsequently, the Magistrate directed the lawyer to produce his notebook so...
...of a concession made by the lawyer appearing on its behalf without any express consent by the appellant Society.12. The learned counsel, Shri N. Prabhakar, appearing for...state that the appellant Society having made a concession before the writ court, cannot now dispute the authority of the lawyer to settle and compromise a claim before this Court and therefore, submits...of the retainer. One of the most basic principles of the lawyer-client relationship is that lawyers owe fiduciary duties to their clients. As part of those duties, lawyers assume all the traditional...
....2. In this case, the appellant is aggrieved because a counsel engaged by him was not allowed by the High Court to conduct prosecution in spite of obtaining a consent from the Public..., Advocate to appear for him in the Sessions Court during trial of the case. On 1-7-1996 when the appellant was to be examined as a witness for prosecution, Shri R.C Gugnani, Advocate ventured to conduct the...chief examination of that witness. It was objected to by the counsel for the accused on the premise that a private counsel cannot conduct prosecution in a sessions trial. The appellant then moved an...
...law would prevail over the CP Act so far as the conduct of Advocates are concerned.
(vi) The law of negligence recognizes that a professional would be held...) Lawyers are bound by ethical and professional obligations that constrain their autonomy and control over their work. Adherence to the codes of conduct, client confidentiality, and obligations to...presiding Judge.
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(xv) The Bar Council of India Rules prescribe at least four sets of duty that a lawyer has to oblige...
...the conduct of the respondent is patently unbecoming of a lawyer and against professional ethics. Consequently, we feel that as an exemplary punishment, Shri P.D Gupta should be suspended from...if in a case like this it was held that a lawyer was guilty of professional misconduct particularly on a complaint filed by an interested person like Ram Murti no lawyer would be able to conduct...has not complained against him. We are concerned with the professional conduct of P.D Gupta as a lawyer conducting the case for his client. A lawyer owes a duty to be fair not only to his client but...
...of Reserve Bank of India (RBI), such person is entitled to be represented by a lawyer of its choice before such declaration is made.2. The RBI Circular dated 1-7-2013 is...Constitution of India would be impacted, as a result of which, it would be necessary to read into the aforesaid guidelines a right to be represented by a lawyer. The only possible objection that banks can...this background that we have to consider the question as to whether a lawyer ought to be allowed to represent the borrower before the First Committee and/or Review Committee under the Revised Circular...
...based on the media report, without doing any verification or
research on his part. This conduct of the lawyer is highly
condemnable.
4. In view of the statement made by Sri Swetashwa Agarwal...
...that the lawyer who had appeared for Dr Prem Chand was authorised to sit in judgment over the conduct of the appellant and that might cause embarrassment to the appellant and might lead to prejudice...in future. The complaint against the appellant is that the appellant took an active part in the commission of the fraud and was thus guilty of fraudulent and grossly improper conduct in the discharge...was vitiated by the improper conduct of the justices in allowing the acting Clerk to be associated with them when they deliberated about the merits of the case. An affidavit was filed on behalf of the...
.... The Disciplinary Committee has recorded a finding that it did not consider that the conduct of the appellant and Agavane amounted to cheating their clients, and that both were guilty of giving...improper legal advice, but these were not cases of a bona fide mistake of a lawyer. With respect to the first charge, it held that they had misled their clients Potdar and Smt Dhavale that the affidavit...evidence but proceeds on mere conjectures and surmises. The case against the appellant and Agavane rests upon professional misconduct and not any other conduct. The question is whether there was any...
...of the lawyer affects his client and unwarranted conduct on the part of the lawyer may lead to injustice to the party. So, in my opinion the interest of justice demands that an opportunity may be given...to the defendant-petitioner to cross-examine P.W 1 Roshan Lal as well as P.W 2 Durgashanker, and it is hoped that the defendant's lawyer will now conduct himself having due regard to the observations...keeping himself busy in locking into the file. It may be stated that a lawyer owes some duty to the Court, as well as to the client. The court's time undoubtedly, is precious and the lawyer is expected...
...represented by a lawyer in Court not only where the cases involve complicated questions of law but also where the Court is of the view that the party will not be in a position to conduct his or her case...to conduct there case for want of legal knowledge or of any other reason; and(iii) The Court can always seek legal assistance of a lawyer, if considered necessary;17...Family Court Agra allowing the respondent husband to engage a lawyer for prosecuting the divorce case on his behalf. A little experience of the matrimonial disputes on a bare glance on the facts and...
...aware of the said conduct of the lawyer and under such circumstances SPC to the concerning party may be required. But in the
1...compromise and accordingly on 21.03.2022 the counsel for the applicant had pleaded no instructions.
3. It is true that whenever a lawyer pleads no instruction then the party may not be...
...consideration is as to whether he is entitled to an assistance of a lawyer or not and not whether the petitioner himself is a trained person to conduct the enguiry. When the petitioner pleaded his inability to...1. In W.P No. 17494 of 2000 the petitioner has challenged the order of the second respondent enquiry officer denying the assistance of a lawyer to the petitioner recorded in the enquiry...petitioner assistance of a lawyer in the domestic enquiry.2. In WP. No. 1253 of 2001 the petitioner has challenged the proceedings of the second respondent enquiry officer recorded in the...
...conduct of the lawyer as also the subsequent events would categorically show that the said consent terms were filed by the counsel without any instructions from the appellant. It was furthermore...lawyer to her had expressly been rejected and he was instructed to argue the matter on merit, an application for recall of the said order dated 5-9-2005 was filed. The said application was listed..., it is evident that no terms of settlement could have been filed before the High Court as express instructions issued in that behalf were not given by the appellant to the lawyer. It was urged that the...