One Lawyer files false complaint aganst another lawyer
Pushkar Damle
(Querist) 02 February 2011
This query is : Resolved
I would like to know if one lawyer files false and baseless complaint of misconduct under section 35 of Advocates Act, against another lawyer and the filed complaint is proven to be totally false can Bar Council has powers to remove the name of the lawyer from their role as an advocate and initiate proceedings in court of law against the said lawyer for filing false complaint to malign image of another lawyer?
Please give some Supreme Court Judgments on the subject to help the victim lawyer,
my contact details are damlepushkar@gmail.com
cell number 9967020121 Mumbai
Jainodin shaikh
(Expert) 02 February 2011
Bar council do not have power to file any civil letigation against the complainant-lawyer; this right is available only to the victim-lawyer.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 February 2011
There are three aspects of any complaint. Proved , not proved and proved false.
If not proved no remedy any where.
Guest
(Expert) 03 February 2011
Dear Damle,
It needs no emphasize, it is clearly a case of war of wits between the two professional layers. If complaint is proved false, the other party can also have the right to complain against him to the respective Bar Council with request for disciplinary action against him, or to sue the complainant about his professional misconduct and to prove that.
You will have to refer to the Code of Conduct prescribed by the Bar Council of India or the State Bar Council for the nature of misconduct on which they can take disciplinary action against the defaulting lawyer.
However, may the case was not of a similar nature, but about advocate's conduct, as observed by the Supreme Court of India, in Civil Appeal No. 15496 of 1996. D/d. 8.7.1997 in the case of P.D. Gupta vs Ram Murti and another (1997 SOL Case No. 502), observed as follows:
"Advocates Act, 1961 Sections 35, 36-B and 38 - Professional misconduct - A lawyer owes duty to be fair not only to his client but to the court as well as to the opposite party in the conduct of the case proceedings - Stream of administration of justice has to be kept pure and clean and not to be polluted - Bar is the principal ground for recruiting judges - No one should be able to raise a finger about the conduct of a lawyer - While conducting a case a lawyer functions as officer of the court - His act and conduct must not be subversive of process of justice."
The Supreme Court further observed in para 12 of their judgment, as follows:
"12. Bar Council of India and State Bar Councils are statutory bodies under the Act. These bodies perform varying functions under the Act and the rules framed thereunder. Bar Council of India has laid standards of professional conduct for the members. Code of conduct in the circumstances can never be exhaustive. Bar Council of India and State Bar Councils are representative bodies of the Advocates on their rolls and are charged with responsibility of maintaining discipline amongst members and punish those who go astray from the path of rectitude set out for them."
Please see if these observations of the Apex Court can help you in any way.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
