ashok kumar (advocate) 31 March 2009

guide plz with citation

Friends

Mine an advocate practicing for more than 12 years . A good name and fame love and affection of all are with me. but few of my villagers who are criminal in nature fabricated a will deed against whom various civil and criminal proceedings are initiated by me as per law. Those villagers lodged a complaint before bar council of u.p. against me showing that by filling civil and criminal proceedings a misconduct is committed so licence of mine be revoked.

i filed w.s. reserving my right to file aditinal w.s . with a plea that high court and district court enquired the matter and disposed the complaint .now again the bar council can not invoke jurisdiction on the same ground. next litigation between the parties is pending so if any grievance the complainant have, must raise before copetent court. bar council is not proper forum .

actully this proceeding is initiated to pressurise me to take revenge of old family dispute as i think . matter is pending before lucknow disciplinary committee headed by Razzak khan.

can any one give me the citation that proceeding before bar council is not maintainable in these circumstances?

plz guide me.

Ashok Kumar Dwivedy ADV

09415717501

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3 Replies

N.K.Assumi (Advocate) 01 April 2009

Dear Ashok,

The vital points for consideration in your case is, whether you were aware of the facts that there was doubt to the title of your client at the time of accepting the brief from your client, if you were not aware of the doubt cast on the title of your client, the bar Council can not take action against you. But if you were aware of such doubt on your client's title to the property and yet you accept the brief from him, you can be punished by the Bar Council. See the Classic case laid by Supreme Court in P.D.Gupta Vs Ram Murti, AIR 1998 SC 283.

A.Mohamed Thaheer (ADVOCATE) 01 April 2009

My Dear Firend,

Normally, a honest lawyer has to face such case of threatening and blackmailing etc. from the criminals who are directly or indirectly involved in the case in which you are dealing for your client. No client will come out with the truth exposing the genuineness of the deed, when they approach the lawyer for seeking remedy whether it is genuine or not. Bar Council cannot take any action against you suo moto without giving a reasonable opportunity to get an explanation etc., Even, if they take such a drastic decision, you can make an appeal in the appropriate forum for relief. Nothing to worry for a honest lawyer

ashok kumar (advocate) 01 April 2009

friend , no misconduct is committed eiher on my part or my client. this is my pattidar of village who want to make pressure to digest the property of my wife. He made DHARNA PRADARSHAN and used defamatory language against which a criminal complaint and civil suit is brought still pending before court.

only i want to know whether bar council is empowered to enquir the matter already enquired by the administrative judge .?

2. whether the bar council can proceed with the complaint if the subject in respect of which complaint is filed , is pending before court having competent jurisdiction?

With regards

Ashok Kumar Dwivedy

Advocate