this case is related to the subject professional ethics.
Synopsis: Professional misconduct is an obligation of an advocate towards his client or case. Any professional negligence, misappropriation, changing sides, contempt of court and improper behavior before magistrate, furnishing false information, giving improper advice, misleading the clients in court, not speaking the truth, disowning allegiance to the court, moving application without informing that a similar application has been rejected by another authority, suggesting to bribe the court officials, forcing the prosecution witness not to say the truth, amounts to professional misconduct.
Background of the case: This proceeding has been complained by “C”.
Because the Disciplinary Committee of the Bar Council of Maharashtra and Goa was unable to resolve this application within the time frame specified, it was referred to the Disciplinary Committee of the Bar Council of India under section 36B of the Advocates Act, 1961.
provisions involved: Section 36B of Advocates Act, 1961:
Disposal of disciplinary proceedings.—
(1) The disciplinary committee of a State Bar Council shall dispose of the complaint received by it under section 35 expeditiously and in each case the proceedings shall be concluded within a period of one year from the date of the receipt of the complaint or the date of initiation of the proceedings at the instance of the State bar Council, as the case may be, failing which such proceedings shall stand transferred to the Bar Council of India which may dispose of the same as if it were a proceeding withdrawn for inquiry under sub-section (2) of section 36.
(2) Notwithstanding anything contained in sub-section (1), where on the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), any proceedings in the respect of any disciplinary matter against an advocate is pending before the disciplinary committee of a State Bar Council, that disciplinary committee of the State Bar Council shall dispose of the same within a period of six months from the date of such commencement or within a period of one year from the date of the receipt of the complaint or, as the case may be the date of initiation of the proceedings at the instance of the State Bar Council, whichever is later, failing which such other proceedings shall stand transferred to the Bar Council of India for disposal under sub-section (1).
Facts: The respondent was a counsel of the appellant for a property dispute at Goa. It was filed by the complainant as plaintiff on 15th March, 1982, in the court of the Rent Controller for eviction.
The complainant had made several enquiries about his case and he was informed that the matter was pending.
On 10th August, 1985, the respondent informed the Registered Attorney/representative of the complainant that the case was pending, by a letter.
After receipt of letter, the complainant made enquiries in the court of Rent Controller and he found out that the case has been dismissed
