bharat khatwani
29 May 2025 at 09:35
What would you do if I sent you a notice informing you that your father had orally agreed to pay me Rs. 5 lakhs before his death?
bharat khatwani
27 May 2025 at 19:47
I need your help.....Pl. Check for legal accuracy and relevance,Confirm citations and applicability,....Rule 4 of BCI Rules (Part VI, Chapter II) – to argue that Khemnani acted only as a “mouthpiece,” ignoring his duty to verify facts and restrain language.
Section 35 of Advocates Act – to seek formal disciplinary action.
R.K. Anand (SC) and Saumya Chaurasia (SC) – to show the Court expects independent verification by counsel.
Selvamurugan (Madras HC) – for sending legal notices with falsehoods.
Law Commission 266th Report – to show that this kind of misconduct is part of a larger systemic concern.
shyam lal
20 February 2025 at 07:49
Does a vacation judge of session /high/trial court have the power to grant bail in a criminal /Pocso cases
bharat khatwani
02 February 2025 at 14:20
I have been told that a case for malicious prosecution can be filed when someone intentionally uses the legal system to harm or harass another party without reasonable grounds. In your case, the tenant's baseless legal notice demanding rent equivalent to 120 years' worth based on a 25-year-old false oral agreement could qualify as malicious prosecution if certain conditions are met. PLEASE OPINE.
bharat khatwani
11 November 2024 at 22:56
WA message of friend and opine Do you think that advocate is unethical?..............A fraudulent lady seeks partition on our property ignoring us to be included as respondents while we're in possession and occupation of the property. It is the bounden duty of the claimant to prove the fact and the law clearly mentions it. While so, the lawyer takes up the case and drags the suit for decades. Though the court gave its verdict saying that it is fictitious case, the court did not say a word about the advocate who dragged the suit for nearly 10 years. Unless the lawyer who takes up the fictitious case is punished by the court, the number of cases will be getting piled up and it is an absurd judicial system.
bharat khatwani
04 November 2024 at 09:54
I sought legal opinion on above subject. If you have contra view pl. elaborate...the principles outlined in an advocate’s duty to justice apply to the pre-litigation stage also, including the drafting and issuance of legal notices. While
legal notices are not part of formal court proceedings, they are often the first step in legal disputes and can significantly influence the course of the
case and the behavior of the parties involved. Courts and professional standards expect advocates to act ethically at this stage, as their duty to
justice and fair dealing extends beyond the courtroom. Here are some points on how these duties apply to pre-litigation:
**Duty of Honesty and Integrity:
Just as in court proceedings, an advocate is expected to uphold honesty and integrity in pre-litigation communications, including legal notices.
Case Reference: In D.P. Chadha v. Triyugi Narain Mishra (2001), the Supreme Court held that an advocate's ethical duty transcends court procedures and
that any conduct likely to mislead or distort the truth constitutes professional misconduct, regardless of the stage of the proceedings.
**Avoidance of Frivolous or Malicious Claims:
Advocates should avoid sending legal notices with baseless, exaggerated, or malicious claims simply to intimidate or pressure the opposing party.
Misusing legal notices to harass or deceive goes against the advocate’s duty to justice.
Case Reference: In Zahira Habibulla H. Sheikh v. State of Gujarat (2004), the Supreme Court stressed that all actions, even outside the courtroom, should
further the interests of justice and truth. This applies equally to the content of legal notices, as advocates are expected to refrain from behavior that
might lead to a miscarriage of justice.
**Duty to Provide Sound Legal Advice:
During the pre-litigation stage, advocates have a duty to give honest, balanced advice to their clients about the merits of the case. This includes
avoiding the temptation to make false promises or inflate claims just to appease or retain clients.
Case Reference: In S. Jafri v. Union of India (2011), the Supreme Court emphasized that advocates must uphold justice, even if it conflicts with client
demands, and not advise or draft documents that could lead to unfair legal actions.
**Ethical Drafting of Legal Notices:
Legal notices should accurately reflect the client’s legitimate claims and should be drafted in a way that is fair and just, without resorting to threats,
inflammatory language, or exaggeration.
Case Reference: The principles from State of Punjab v. Brijeshwar Singh Chahal (2016) emphasize that advocates should avoid using deceptive or manipulative
language in any formal or informal communication, as it undermines the legal profession’s commitment to justice.
**Professional Conduct Rules:
The Bar Council of India Rules under the Advocates Act, 1961 outline professional conduct obligations for advocates, including pre-litigation actions.
Rule 4 and Rule 5, for example, underscore that advocates must act with dignity, fairness, and honesty and should not engage in actions that mislead or
deceive.
Misleading or dishonest pre-litigation notices could therefore be grounds for disciplinary action, as they violate these professional standards.
**Conclusion
An advocate’s duty to justice, honesty, and integrity certainly applies to the pre-litigation stage. Legal notices should reflect genuine legal claims,
avoid exaggeration, and be drafted with respect for the principles of fairness and truth. Misuse of legal notices could constitute professional misconduct,
as the ethical obligations of advocates are not limited to the courtroom but extend to all actions taken in their professional capacity.
After reading this opinion ,I asked:
are there instances where bar council penalized advocates for Misleading or dishonest pre-litigation ?
Yes, there have been instances where Bar Councils in India have penalized advocates for misleading or dishonest conduct during the pre-litigation stage.
The Bar Council of India (BCI) and various State Bar Councils are empowered under the Advocates Act, 1961, to take disciplinary action against advocates
for professional misconduct, which includes unethical behavior before formal court proceedings commence.
**Relevant Provisions:
Section 35 of the Advocates Act, 1961: Empowers State Bar Councils to refer cases of alleged misconduct to their disciplinary committees. If an advocate
is found guilty, penalties can range from reprimand to suspension or even removal from the roll of advocates.
Bar Council of India Rules: These rules outline standards of professional conduct and etiquette, emphasizing that advocates must uphold the dignity and
integrity of the profession at all times, including during pre-litigation activities.
Case Example:
In the case of P.N. Vignesh v. Chairman and Members of the Bar Council (2024), the Madras High Court addressed the issue of advocates advertising their
services through online platforms, which was deemed a violation of professional conduct rules. The court directed the Bar Council of India to take
disciplinary action against such advocates, highlighting that even pre-litigation conduct, such as solicitation of clients through advertisements, can
amount to professional misconduct.
Key Points:
Misleading Clients: If an advocate provides false or exaggerated claims in legal notices or during client consultations before litigation, it can be
considered professional misconduct.
Unethical Solicitation: Engaging in solicitation of clients through advertisements or other means not permitted by professional conduct rules, even before
formal litigation begins, is subject to disciplinary action.
Disciplinary Actions: Penalties for such misconduct can include reprimands, suspension of the right to practice, or removal from the roll of advocates,
depending on the severity of the offense.
These measures underscore the legal profession's commitment to maintaining ethical standards at all stages of legal practice, including pre-litigation
activities. P.S. I NEED CASELAWS MENTIONED ABOVE
bharat khatwani
06 October 2024 at 19:54
WHAT ARE CHALLENGES OF FILING CASE UNDER SECTION 211 OF IPC?
Read more at: https://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=936115Pl. check out legal opinion on baseless Legal notice and law and opine.
Read more at: https://www.lawyersclubindia.com/experts/ask_query.aspa baseless legal notice itself, while not necessarily leading to a court case, can also be considered a misuse of the legal process if it’s meant to intimidate or harass the recipient.
When it comes to baseless legal notices, while there might not be specific case law focusing purely on legal notices as standalone documents, the broader principles of abuse of process, malicious prosecution, and frivolous claims can apply if a notice is sent with no legal basis. These notices often serve as a precursor to a potential lawsuit, and the intent behind them can bring them within the purview of judicial scrutiny.
Here are some concepts and case laws that touch on baseless claims or notices and their misuse:
1. Bajaj Auto Ltd. v. TVS Motor Company Ltd. (2008) 6 SCC 431
Summary: In this case, the Supreme Court of India discussed the issue of abusive legal strategies, particularly involving frivolous claims and intimidation tactics through legal notices.
Ruling: The court condemned the use of legal notices that were primarily aimed at harassing the other party and making unreasonable demands without legal backing.
Significance: The ruling made it clear that even the issuance of baseless legal notices can lead to misuse of legal process charges if it can be proven that the intent was to harass or intimidate.
2. CIT vs. Anjum M.H. Ghaswala (2002) 1 SCC 633
Summary: In this case, the court examined the misuse of judicial or quasi-judicial powers through issuing notices that had no legal basis, discussing the potential abuse of process through administrative or legal notices.
Ruling: The court emphasized that notices issued without legal basis and with a malicious intent can be penalized. While this was a tax-related case, the principles apply broadly to the issuance of baseless legal notices.
Significance: This case establishes that even the issuance of a notice must be rooted in proper legal authority, and failure to do so could lead to sanctions or penalties.
3. Amritlal Goverdhan Lalan v. State of Gujarat (1999) 8 SCC 613
Summary: This case addressed harassment through legal notices in a property dispute where baseless and false claims were made in the legal notice to coerce the opposite party.
Ruling: The court criticized the practice of sending notices that have no factual or legal basis as a malicious tactic designed to pressure the other party into submission.
Significance: It serves as an example of the court condemning the practice of using legal notices as tools for harassment when they are not backed by legitimate claims.
4. GlaxoSmithKline Pharmaceuticals Ltd. v. Union of India (2014) 1 SCC 258
Summary: Although this case primarily dealt with commercial matters, the court discussed how legal notices with no proper legal foundation are often used as a strategic tool for harassment.
Ruling: The court pointed out that legal notices that serve no legitimate purpose and are not grounded in law can be considered an abuse of legal procedures, even if they don’t lead to immediate litigation.
Significance: This ruling shows that abusive or baseless notices can be sanctioned by the courts as a misuse of process.
5. Canara Bank v. N.G. Subbaraya Setty (2018) 16 SCC 228
Summary: The case dealt with harassment and frivolous demands made through notices, which were used to intimidate the recipient.
Ruling: The court strongly condemned the use of frivolous demands through legal notices and noted that such tactics could amount to an abuse of the legal system.
Significance: This case reaffirms that even if a case doesn’t make it to court, the misuse of legal notices can still be penalized.
6. Satish Kumar & Others v. Surinder Kumar & Others (2006) 2 SCC 367
Summary: The court addressed a situation where one party used a legal notice to make inflated and false claims regarding property ownership, attempting to coerce the other party into a settlement.
Ruling: The court dismissed the subsequent case based on these false claims and imposed costs on the party that sent the baseless legal notice and pursued the false claims.
Significance: This judgment underlines that sending a baseless legal notice with the intent to mislead or extract unreasonable demands can backfire if the notice escalates into a court case.
IPC Section 211:
If the baseless legal notice eventually leads to false criminal charges being filed against the recipient, the sender could potentially be prosecuted under Section 211 of the Indian Penal Code for false charges with intent to cause injury. This section penalizes individuals who institute criminal proceedings based on false information.
Conclusion:
While there may not be a significant number of reported cases solely dealing with baseless legal notices, courts have repeatedly emphasized that using legal notices to harass, intimidate, or extract unreasonable sums is unacceptable and can be treated as an abuse of legal process. If these notices lead to malicious litigation or unjustified demands, the parties responsible could face penalties, punitive costs, and even criminal prosecution under certain circumstances. WHAT ARE CHALLENGES OF FILING CASE UNDER SECTION 211 OF IPC?
bharat khatwani
09 September 2024 at 00:48
I am interested in cases where courts have deemed legal notices baseless or frivolous due to a lack of substantive claims or clear intent to pursue legal action, resulting in adverse consequences for the issuing party. Specifically, I am looking for judgments where the court criticized or dismissed suits because of defective legal notices, particularly in tenancy or rent control matters.
If you have any references to relevant case law or judgments where courts took a strict stance against such frivolous legal notices, I would greatly appreciate your insights. I am ready to compensate for detailed references or legal research.
Thank you in advance for your help.
bharat khatwani
01 September 2024 at 17:49
I am looking for rulings or authoritative case law that establish the principle that a legal notice must not only be properly served but should also be backed by a legitimate basis and a clear intention to pursue the matter legally. Specifically, I seek rulings where courts have emphasized that notices sent without a genuine legal basis or intention may be deemed baseless, frivolous, or premature, leading to adverse consequences for the party issuing such notices.
If you could point me toward any judgments or provide references to case law that support this view, it would be highly appreciated. I am particularly interested in rulings where the lack of substantive claims or intention in legal notices was a factor in the court’s dismissal or criticism of such notices.
Thank you in advance for your insights!
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Reinforcing rule-based adjudication in proceedings
[11:00 am, 21/6/2025] Bharat Khatwani: I had lodged complaint against advocate in bar council for sending legal notice without verification of legal merit so I had lodged complaint against advocate. As reply of advocate was not satisfactory,bar council has decided to institute inquiry and has asked me to send rejoinder in 5 copies.Please do fact check and make following draft legally valid.
[11:02 am, 21/6/2025] Bharat Khatwani: BEFORE THE BAR COUNCIL OF ***
*** (Complainant)
v.
Advocate *** (Respondent)
Date: June 19, 2025
AMENDED REJOINDER TO ADVOCATE’S REPLY DATED NOVEMBER 6, 2024
I, **, aged * years, residing at ***, solemnly affirm that I am fully conversant with the facts and circumstances of this case. All statements herein are based on my direct personal knowledge, corroborated by documentary evidence, and derived from communications made under my authority. No material facts have been concealed, and the contents are true to the best of my knowledge and belief.
Respected Sir/Madam,
I hereby submit this amended rejoinder in compliance with the directions issued by the Hon’ble Bar Council. The Respondent’s reply is manifestly evasive, factually insufficient, and lacks any certified documentary evidence, relevant provisions of the Bar Council of India Rules, or other statutory authority to substantiate his claims. Notably, the reply fails to address the core allegations and supporting enclosures of my complaint and does not provide point-wise rebuttals as mandated in disciplinary proceedings. Such omissions impede a fair, transparent, and effective adjudication of professional misconduct.
In accordance with the standards prescribed under Chapter II, Part VI of the Bar Council of India Rules and Section 35 of the Advocates Act, 1961, it is incumbent upon the Respondent to respond substantively and truthfully to all allegations and to substantiate his defense with verifiable, contemporaneous evidence.
To facilitate a just and expeditious resolution of this matter, I respectfully request that the Hon’ble Disciplinary Committee direct the Respondent to produce all documents upon which he intends to rely. These documents should be duly notarized or certified and contemporaneous with the events in question. Such a direction will enable the Committee to concentrate on the substantive merits of the case, eliminate irrelevant or extraneous issues, and prevent unnecessary disputes over facts that can be readily verified from official records.
I trust that the Committee will take appropriate measures to ensure that these proceedings are conducted fairly, transparently, and in accordance with the highest standards of professional ethics.
I. FAILURE TO UPHOLD PROFESSIONAL DUTIES
1A. Reliance on Client Instructions – Dereliction of Professional Obligation
The Respondent claims he drafted the legal notice dated September 25, 2023 (Enclosure 3), purely based on client instructions. This defense is untenable. An advocate is not a mere stenographer; client instructions do not absolve them of their fundamental professional obligation to exercise independent judgment and verify the factual and legal soundness of claims. Issuing a legal notice, especially one containing exorbitant and unfounded demands, without diligent fact-checking constitutes a serious dereliction of duty and directly violates the standard of due diligence explicitly required under Rule 4 of Part VI, Chapter II of the Bar Council of India Rules. Such conduct undermines the very integrity of the legal profession.
1B. Unverified, Exorbitant, and Unlawful Demands
The Respondent’s notice (Enclosure 3) was demonstrably wrongly addressed to my deceased mother, Smt. *** (passed away on October 10, 2023, per Enclosure 1). The notice demands a staggering and arbitrary sum of 150 years’ rent—120 years at ₹300/month based on an alleged 24-year-old oral agreement, and 30 years of rent for unauthorized repairs—without legal basis or supporting documents. These demands are contradicted by the Tenant’s Letter dated August 4, 2011 (Enclosure 6), and the Correspondence Reaffirming Ownership dated November 30, 2023 (Enclosure 7). This violates Rule 5 of the Bar Council Rules which bars misleading and improper conduct.
1C. “No-Visit” Claim – Blatant Abdication of Duty
The Respondent admitted he did not inspect the premises or verify any repair costs. This abdication of duty violates the advocate’s professional obligation to verify facts (Rules 4 and 13). By blindly parroting unverified client claims, he reduces himself to a mere agent, breaching both the letter and spirit of the Bar Council Rules.
II. FALLACY 1: ALLEGATION OF OBSTRUCTIVE INTENT – A Malicious Diversion
The Respondent alleged that this complaint was filed to obstruct his representation of the tenant. This is demonstrably false. At the time of the complaint, no litigation was pending where the Respondent represented any party against me or my late mother.
This complaint is strictly limited to the issue of professional misconduct—i.e., the issuance of a patently false and coercive legal notice. Diverting attention to alleged motives violates Rule 5 and attempts to shield misconduct by attacking the complainant, in violation of natural justice.
III. FALLACY 2: DISPUTED STANDING – A Baseless Tactical Diversion
The Respondent argues the notice was not addressed to me, hence I cannot complain. This is false. The Tenant’s Letter dated August 4, 2011 (Enclosure 6) acknowledges me as owner. My reply (Enclosure 4) was sent in that capacity, and supported by land records (Enclosure 2). Section 35 of the Advocates Act allows complaints from any person. Thus, the objection is legally frivolous and ethically revealing—it deflects scrutiny rather than addressing misconduct.
IV. FALLACY 3: FALSE AUTHORSHIP & MISREPRESENTATION – Deliberate Deception
The Respondent falsely claimed that my reply was authored by my late mother. This is a blatant misrepresentation: she passed away on October 10, 2023 (Enclosure 1), and my reply to his notice was written and signed by me alone. He also mischaracterized the content of my reply, ignoring its clear denials of:
Ownership claim by tenant
Alleged bank rent deposits
Alleged oral rent agreement and liability for repairs
Such misrepresentations are unethical and violate Rules 4 and 5.
V. FALLACY 4: UNSUBSTANTIATED & CONTRADICTORY CLAIMS – Pattern of Fabrication
The Respondent's reply includes:
Alleged rent deposits—no proof provided
Exorbitant demands—no breakdown or proof
Oral agreement—no past reference or record
Coercive threats—issued without legal basis
No follow-up litigation—indicating intent to intimidate, not litigate
These contradictions confirm a pattern of fabrication, not good faith legal representation.
VI. ABUSE OF LEGAL PROCESS – Systematic Derailment of Inquiry
The Respondent has repeatedly:
Distorted facts
Maligned my motives
Raised frivolous objections
Dodged direct evidence
Such tactics sabotage legitimate disciplinary inquiry and should not be condoned.
VII. CALL FOR DOCUMENTARY INQUIRY & PRODUCTION OF EVIDENCE
The Hon’ble Committee is requested to direct the Respondent to produce within 7 days:
Legal Notice dated September 25, 2023
Proof of service to Smt. ***
Instructions or affidavit by tenant Shri ***
Bank statements showing rent deposits
Cheque/counterfoil of ₹3,600
Receipts or rent records
Evidence of the alleged 24-year agreement
VIII. PRAYER
I respectfully pray that this Hon’ble Bar Council of *** may:
Direct the Respondent to produce the above documents
Proceed based on documentary evidence
Hold the Respondent guilty of misconduct
Impose suitable penalties
Award costs of ₹10,000 for distress caused
Pass such other reliefs in the interest of justice
Yours faithfully,
Ph: ***
Email: ***
Date: June 19, 2025