B N Mirzan vs the disciplinary committee, bar council of Maharashtra
Answers
Explanation:
N.B. Mirzan vs The Disciplinary Committee Of The ... on 15 September, 1971
Equivalent citations: AIR 1972 SC 46, (1972) 4 SCC 412, 1972 (4) UJ 164 SC
Author: D Palekar
Bench: S Sikri, D Palekar, A Ray
JUDGMENT D.G. Palekar, J.
1. This is an appeal under Section 38 of the Advocates Act, 1961. The appellant, Mr. N.B. Mirzan, was an Advocate on the roll of the Bar Council of Maharashtra. On 27th October, 1964, respondent No. 2, who was once the client of the appellant, made several allegations of professional misconduct against the appellant which were referred by the State Bar Council to its Disciplinary Committee consisting of three Advocates, one being the Committee's Chairman and the other two its members. After a detailed inquiry into the allegations, the Disciplinary Committee came to the conclusion that professional misconduct had been established on three counts which involved moral turpitude. The Commitee, therefore, directed on 3rd October, 1968 that the appellant should be suspended permanently and should not be allowed to appear before any Court, authority or person in India. He was also directed to surrender his Sanad forthwith. From this order, an appeal was filed to the Bar Council of India, being Appeal No 9 of 1968. The appeal was heard by the Disciplinary Committee of the Bar Council of India consisting of a Chairman and two members. On 30th November, 1969, by a detailed order, the Disciplinary Committee confirmed the findings of the State Disciplinary Committee but, as regards the punishment, it directed that the appellant be suspended from practice for a period of five years and to pay to Respondent No. 2 a sum of Rs. 850/-within two months. It was further directed that, if the amount was not paid, the punishment imposed by the State Disciplinary Committee striking out the appellant's name from the roll of Advocates would stand confirmed. It is from this Order that the present appeal has been filed.
Answer:
same as above answer