what are the arguments in the following case

incomplete querry

Originally posted by : Rama chary Rachakonda

incomplete querry- Sir its not incomplete querry. It is a supreme court case

"In the matter of mr.p an advocate"

 

As per your query!

In The Matter Of P. An Advocate vs Unknown on 23 January 1963

Here are the arguments raised :

1. Misconduct rendered as the Advocate liable to be removed from the rolls can be either professional misconduct or other misconduct, as a result, the advocate ceases to be entitled to belong to the honourable profession of law. 

2. In the relevant rules of O. IV-A are professional or other misconduct and that is on the same lines as the relevant provision in S.10(i) of the Indian Bar Council Act, 1926

3. It is clear that the advocate was paid Rs. 60/- expressly to file the bill of costs in time; that the delay made by him in presenting the bill of costs is so unreasonable that the negligence of which he is guilty must be characterised as gross. 

4. The loss incurred to the client is of the order of Rs. 2000/- and it consists of an item of costs awarded to him by the Court in dismissing the appeal filed against him. 
During the relevant period, his client was repeatedly enquiring as to what had happened about the bill of costs, and the explanation given by the Advocate on that behalf has been rejected by the Tribunal and it must, therefore, be taken to be proved that despite the reminders, the advocate took no steps to file the bill of costs in time
Even so, the Advocate asked for and received Rs. 200/-,

5. The Tribunal has observed, this demand by the Advocate was wholly unjustified. Having regard to all these circumstances, the court must not agree with the contention raised by the petitioner that the Tribunal was not justified in making a finding against the advocate that he was guilty of professional misconduct.

Hope it clarifies the issues!
Regards
Minakshi Bindhani