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Tag: Professional Advice of Advocate

Arun Thakur Vs State of Chhattisgarh on 10 July 2019

Posted on December 12, 2020 by ShadesOfKnife

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.

Arun Thakur Vs State of Chhattisgarh on 10 July 2019
Posted in High Court of Chhattisgarh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Advocate Antics Arun Thakur Vs State of Chhattisgarh Catena of Landmark Judgments Referred/Cited to IPC 294 - Not Made Out IPC 499 - Defamation IPC 499 - Defamation Not Made Out IPC 506 - Not Made Out IPC 509 - Not Made Out Legal Procedure Explained - Interpretation of Statutes Professional Advice of Advocate | Leave a comment

Subha Jakkanwar Vs State of Chhattisgarh on 26 November, 2019

Posted on January 8, 2020 by ShadesOfKnife

The fundamental question High Court answered in this Order is this,

“Whether an Advocate acting professionally and in discharge of his / her professional duty renders an opinion by giving non-encumbrance certificate to bank for granting loan to a borrower certifying that he has legal and marketable title over the land in question free from all encumbrances and  subsequently, the same is found to be non-acceptable / untrue, can be prosecuted / criminally liable for offence punishable under Sections 420, 467, 468, 471 & 120B of the IPC for non-exhibiting greater professional care and competence?“

Subha Jakkanwar Vs State of Chhattisgarh on 26 November, 2019

Citations:

Indiankanoon.org or Casemine link:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Chhattisgarh Judgment or Order or Notification | Tagged Professional Advice of Advocate Subha Jakkanwar Vs State of Chhattisgarh

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