Citations :
Other Sources :
Tag: Advocate Antics
State of Maharashtra Vs Ahamed Aasif Fakih on 18 Mar 2021
In this case before District Sessions Judge Thane, the accused-Advocate is prosecuted for offence of assaulting his own wife with intention to kill her and possessing firearm.
Vijaysingh Yadav Vs State of Madhya Pradesh
On 2021-03-26
It was ordered that for mental checkup be done for the accused-Advocate through a qualified Doctor or a psychiatrist and submit report before this Court.
Brajmohan Mahajan Vs Bar Council of India on 05 Jan 2021
After overcoming getting himself enrolled with MP Bar Council here, this advocate was cleared to appear for AIBE exam at Gwalior examination center.
Ashem Shyamkesho Singh Vs Thokchom Ranjan Meetei on 08 Jul 2016
Single Judge bench of Manipur High Court held as follows:
From Para 4,
[4] Although it is nowhere mentioned in the application that the same has been filed under the provisions of CPC, it is the provisions of Order 3 Rule 4(2) of CPC which provide that appointment of an Advocate shall be filed in the court and shall be deemed to be in force until determined with the leave of the court by a writing signed by the client or the Advocate as the case may be. An Advocate does not only represent his client but he is also an officer of the court. In any matter in which he is engaged, he has to assist the court till his vakalatnama is determined in accordance with law.
From Para 6,
The normal conduct of a client is that if he wishes to change his counsel for some reason or the other, he should approach him for return of the brief and to obtain “No Objection” from him. In case his counsel returns the brief, it is well and good and if he refuses to return the brief or refuses to give “No Objection”, the client may invoke the provisions of Order 3 Rule 4 of the CPC to redress his grievances. However, in the present case, the applicants have failed to that and without determining the appointment of their earlier counsel, Shri Ng. Kumar, Advocate, they had moved an application for deleting their names from the array of parties in the writ petition through another Advocate which is unfair and unreasonable on the part of the applicants. The moment an Advocate is engaged, a client is expected to be fair and reasonable to him and ought to give proper instructions accordingly. But in any case and for whatever reasons, the applicants have expressed their view that they don’t want Shri Ng. Kumar, Advocate to continue as their counsel and that a new Advocate be engaged in his place and since the Hon’ble Supreme Court in the said R.D. Saxena’s Case (supra) has categorically observed that for whatever reason, if a client does not want to continue the engagement of a particular Advocate, it would be a professional requirement consistent with the dignity of the profession that he would return the brief to the client and it is time to hold that such obligation is not only a legal duty but a moral imperative, this court is of the view that this application is liable to be allowed. In view of the above observations of the Hon’ble Supreme Court, it is the duty of Shri Ng. Kumar, Advocate to give “No Objection” so that the applicants could engage a new Advocate of their choice. If Shri Ng. Kumar, Advocate is of the view that the action of the applicants being unfair and unreasonable, has caused prejudice to his professional right and privilege as a counsel, it is open to him to seek appropriate relief and redress his grievance from an appropriate forum.
All India Judges’ Association and Ors Vs Union of India and Ors on 21 Mar 2002
A 3-judge bench of Supreme Court held that, Law graduates can be eligible for practicing law without having any experience but recommended that the newly hired judges under training for a period not less than 1 year and preferably two years.
In the All India Judges’s case [1993] 4 SCC 288 at p. 314; this Court has observed that in order to enter the Judicial Service, an applicant must be an Advocate of at least three year’s standing. Rules were amended accordingly. With the passage of time, experience has shown that the best talent which is available is not attracted to the Judicial Service. A bright young law graduate after 3 year of practice finds the Judicial Service not attractive enough. It has been recommended by the Shetty Commission after taking into consideration the views expressed before it by various authorities, that the need for an applicant to have been an Advocate for at least 3 years should be done away with. After taking all the circumstances into consideration, we accept this recommendation of the Shetty Commission and the argument of the learned Amicus Curiae that it should be no longer mandatory for an applicant desirous of entering the Judicial Service to be an Advocate of at least three years’ standing we accordingly, in the light of experience gained after the judgment in All India Judges’ cases direct to the High Courts and to the State Governments to amend their rules so as to enable a fresh law graduate who may not even have put in even three years of practice, to be eligible to compete and enter the Judicial Service. We, however, recommend that a fresh recruit into the Judicial Service should be imparted with training of not less than one years, preferably two years. The Shetty Commission has recommended Assured Career Progessive Scheme and Functional Scales. We have accepted the said recommendation and a suggestion was mooted to the effect that in order that a Judicial Officer does not feel that he is stagnated there should be a change in the nomenclature with the change of the pay scale.
Citations : [2002 CGLJ 3 361], [2002 SCALE 3 291], [2002 AIR SC 1752], [2002 ALD SC 3 39], [2002 ALT SC 4 41], [2002 AWC SC 2 395], [2002 BLJR 2 1144], [2002 FLR 93 628], [2002 GLR 3 2017], [2002 JCR SC 2 248], [2002 JT SC 3 503], [2001 SCALE 2 327], [2002 SCC 4 247], [2002 SCR 2 712], [2002 SCT SC 2 735], [2002 SLJ SC 2 480], [2002 UPLBEC 2 1246], [2001 LIC 34 2398], [2001 AIR SC 2543], [2002 SLR 3 271], [2002 KANTLJ 3 26], [2002 AIR SC 1706], [2002 SUPREME 3 180], [2002 SLT 3 4], [2002 SCJ 2 598], [2002 SRJ 5 246], [2002 LIC 1473], [2002 LLN 2 781], [2002 UPLBEC 2 480], [2003 ILR KAR 1 321], [2002 BLJ 2 586], [2002 PAT LJR 2 210], [2001 AIR SCW 2543], [2002 BOMCR SC 5 242], [2002 SCC LS 508], [2002 AIR SCW 1706]
Other Sources :
https://indiankanoon.org/doc/125557979/
https://www.casemine.com/judgement/in/5609adb5e4b01497114120ad
Regalagadda Venkatesh Vs State of Andhra Pradesh and Anr
Challenging the ‘3 years Practice Experience as a Qualification for JCJ Post’, an advocate from Andhra Pradesh filed this Writ at Supreme Court.
On 2020-12-30,
Supreme Court issued Notice to the respondents in the meanwhile. Did not stay the operation of the Notification though.
On 2021-01-05,
BCI impleaded itself into the Writ.
On 2021-02-17,
The Writ Petition was withdrawn.
But this issue was resolved at AP High Court itself here, based on Supreme Court decision here.
Arun Thakur Vs State of Chhattisgarh on 10 July 2019
Whether an Advocate, while acting under the instructions of his client and proceeding professionally, can be prosecuted / punished for the offence of defamation punishable under Section 500 of the Indian Penal Code is the precise question involved in this petition which came before High Court of Chhattisgarh.
From Para 10,
10. It appears from the aforesaid genealogical tree that respondent No.2 herein has been shown to be the concubine / wife of Ghanshyam Pandey. This, according to respondent No.2, is defamatory, as she is the legally married wife of Ghanshyam Pandey after the death of his first wife Smt. Tarini Pandey and that led to the present dispute.
From Para 24,
24. In light of above-stated legal analysis, an advocate, who acted professionally as per instructions of his/her client, cannot be made criminally liable for the offence of defamation under Section 500 of the IPC unless contrary is alleged and established.
From Para 26,
….
As such, an Advocate who has acted professionally and drafted plaint making averment as per the instructions of his client, cannot be held liable for the offence of defamation under Section 500 of the IPC.
Finally from Para 33,
33. Admittedly, respondent No.2 claims that the alleged incident happened in the year 2014 and after lapse of 3-4 years, FIR has been lodged which clearly goes to show that there was no intention of the petitioner to cause harm, as in such a case, she would have rushed to the police authority well in time. As such, even it cannot be held that the petitioner has abused and insulted respondent No.2 in terms of Section 506 of the IPC.
Kaushal Verma and Ors Vs State of Chhattisgarh on 08 Dec 2020
Supreme Court in this Order approved of Convenience Note submitted by Advocate Sumeer Sodhi to be a helpful aid that other Standing Counsels of States can follow as a Standard format.
In the end, we must observe that the presentation made by Mr. Sumeer Sodhi in the Note extracted above is an illustration how a case can be presented on behalf of the State. We may suggest that said Note may be taken as the Standard Format by all the learned counsel appearing for various State Governments in this Court. The Registry may circulate copies of this Order to all the learned Standing Counsel for the States.
Shiv Kumar Chauhan Vs State of Haryana and Ors on 05 Nov 2020
High Court of Punjab and Haryana has taken the arrogant advocate to the ride enhancing the costs from Rs.50,000/- to Rs.1,00,000/-, on his invitation. LOL
From Para 11,
11. No doubt, merely because civil suits are pending would not mean that simultaneous criminal proceedings cannot be instituted on the same cause of action. Provided of course, any criminal case is made out. Prima facie, the lis herein seems to be of civil in nature and institution of the criminal proceedings is being sought for collateral pressure and for settling private scores/gains. Be that as it may, it is for the appropriate court to look into the same, in accordance with law.
Legal options for getting a Criminal FIR registered, from Para 12,
12. In my opinion, the petitioner ought to have first approached the trial Court under Section 156 (3) Cr.P.C for redressal of his grievance, if any, before directly approaching this Court. Section 156 (3) empowers aMagistrate to ensure proper investigation. Ordinarily, in case of a grievance arising out of non registration of an FIR, first remedy is to approach theSuperintendent of Police under Section 154(3) Cr.P.C. or any other competent police officer per Section 36 Cr.P.C. However, even if thereafter,grievance is unmitigated, one can take judicial recourse by approaching a Magistrate under Section 156(3) Cr.P.C. Still, thereafter, an aggrieved partyhas a further remedy of filing a criminal complaint under Section 200 Cr.P.C. Reference may be had to Apex Court judgment in “Sakiri Vasu v. State of U.P and others”.
NOTE: First complaint at nearest police station u/s 154(1) CrPC, then escalation to SP/SSP/CP u/s 154(3) CrPC, then complaint to Jurisdictional Magistrate u/s 156(3) CrPC and then filing a criminal complaint u/s 200 CrPC.
Then rubbing the saw-dust on the wound of the losing party, High Court held as follows while levying costs,
13. The other relief qua dissolution of trust and/or induct/appoint the petitioner as its Secretary sought herein being civil in nature, instant petition qua the same is an abuse of the court process. In any case, conduct of the petitioner for indulging in subtle concealment, as aforesaid, does not inspire
any confidence so as to exercise any jurisdiction under Section 482 Cr.P.C. Petition is dismissed with a cost of Rs.50,000/- to be deposited in Covid-19 fund created by U.T. Administration, Chandigarh. Liberty is though granted to approach trial court, as already observed herein above.
14. At this stage, learned counsel for the petitioner very rowdily exuberates that paying costs is not an issue and he is even ready to pay Rs.1.00 lac towards the same. He also boisterously claims that he has been instrumental in making many a judges and how can his arguments/contentions,therefore, be rejected by this court to dismiss the instant petition. To say the least, the tone, tenor, manner and conduct of the learned counsel for petitioner leaves a lot to desire. Yet, taking a lenient view thereof, this court rather prefers a self-restraint from taking any further action. However, on the invitation of the learned counsel for the petitioner, the cost imposed is enhanced to Rs.1 lac.
