w w w . L a w y e r S e r v i c e s . i n



Harmanbhai Umedbhai Patel v/s Bindu Kumar Mohanlal Shah, Advocate


Company & Directors' Information:- G PATEL & CO PVT LTD [Active] CIN = U24121WB1951PTC019909

Company & Directors' Information:- R J SHAH AND COMPANY LIMITED [Active] CIN = L45202MH1957PLC010986

Company & Directors' Information:- PATEL CORPORATION PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70100MH1989PTC050515

Company & Directors' Information:- C MOHANLAL PRIVATE LIMITED [Active] CIN = U17300GJ1963PTC048386

Company & Directors' Information:- N MOHANLAL AND COMPANY PRIVATE LIMITED [Active] CIN = U26943MH1977PTC019534

Company & Directors' Information:- SHAH INDIA PVT LTD [Active] CIN = U51909WB1960PTC024535

Company & Directors' Information:- B. B. SHAH PRIVATE LIMITED [Active] CIN = U17117RJ1984PTC002922

Company & Directors' Information:- D M SHAH & COMPANY PVT LTD [Active] CIN = U29244WB1988PTC045183

Company & Directors' Information:- J. J. PATEL & CO. PRIVATE LIMITED [Active] CIN = U29222GJ2013PTC073851

Company & Directors' Information:- C. M. SHAH AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U74140MH1971PTC015107

Company & Directors' Information:- T M SHAH PRIVATE LIMITED [Strike Off] CIN = U10101UP1966PTC003139

Company & Directors' Information:- S B SHAH AND COMPANY PRIVATE LIMITED [Active] CIN = U51496DL1991PTC045040

Company & Directors' Information:- K. PATEL & CO. PRIVATE LIMITED [Active] CIN = U45200MH1973PTC017100

Company & Directors' Information:- H B SHAH PRIVATE LIMITED [Active] CIN = U36100MH1947PTC005536

Company & Directors' Information:- M M SHAH PRIVATE LIMITED [Strike Off] CIN = U51311MH1962PTC012293

Company & Directors' Information:- D J SHAH AND CO PRIVATE LIMITED [Active] CIN = U74899DL1987PTC030169

Company & Directors' Information:- MOHANLAL AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U70100MH1989PTC050850

Company & Directors' Information:- C C SHAH LTD. [Strike Off] CIN = U15421WB2000PLC007659

Company & Directors' Information:- A H SHAH AND CO PVT LTD [Active] CIN = U51311MH1949PTC007019

Company & Directors' Information:- SHAH AND SHAH PVT LTD [Strike Off] CIN = U33112WB1980PTC032838

Company & Directors' Information:- A D SHAH PVT LTD [Strike Off] CIN = U51909MH1972PTC015715

Company & Directors' Information:- PATEL LIMITED [Dissolved] CIN = U99999MH1919PTC000657

Company & Directors' Information:- B. SHAH AND COMPANY LIMITED [Dissolved] CIN = U99999MH1952PLC008789

Company & Directors' Information:- PATEL AND COMPANY LIMITED [Dissolved] CIN = U99999MH1979PLC010769

    Civil Appeal No. 1009 of 2013

    Decided On, 15 July 2020

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE L.NAGESWARA RAO
    By, THE HONOURABLE MR. JUSTICE HEMANT GUPTA & THE HONOURABLE MR. JUSTICE S. RAVINDRA BHAT

    For the Appearing Parties: ---------



Judgment Text

The appellant filed a suit for declaration of Revenue Survey No.590 at Village Ankodia as gaucher land on 16.8.2001. Thereafter, on 23.12.2003, the defendant in the suit executed a sale deed of the land in Revenue Survey No.590 at Village Ankodia in favour of Prajapati Brothers.The appellant filed another suit challenging the sale deed dated 23.12.2003. A public notice was issued by the appellant on 13.3.2010 in which it was mentioned that the appellant has taken steps for declaring the land in Revenue Survey No.590 at Village Ankodia as gaucher land. It was mentioned in the public notice that the purchaser of the land in Revenue Survey No.590 at Village Ankodia had commenced construction illegally.The respondent, who was the advocate appearing for the defendant in the suit issued a public notice on 17.3.2010 stating that Mr. Vithalbhai Babarbhai Patel was declared as the owner of the land in Revenue Survey No.590 at Village Ankodia.A complaint was filed by the appellant against the respondent alleging professional misconduct. The complaint was transferred to the Bar Council of India. The Disciplinary Committee of the Bar Council of India by an order dated 16.11.2012 dismissed the complaint. This appeal has been preferred against the Order dated 16.11.2012 passed by the Disciplinary Committee of the Bar Council of India.Mr.Manoj Swarup, learned senior counsel appearing for the appellant has submitted that the respondent issued a public notice which has misled the public about the nature of title of the property. He urged that an advocate has not only a duty to his client but to the Court and society as well. He relied upon the judgments of this Court reported in 2001 (2) SCC 221 titled D.P. Chadha versus Triyugi Narain Mishra & Ors. And 2016 (6) SCC 1 titled State of Punjab and Anr. Versus Brijeshwar Singh Chahal and Anr. to submit that the Disciplinary Committee of the Bar Council of India committed an error in dismissing the complaint filed by the appellant.We have perused the public notice dated 17.3.2010 issued by the respondent. We are in agreement with the Disciplinary Committee of the Bar Council of India that the appellant failed to prove any professional misconduct on the part of the respondent. Though the respondent-advocate did not mention the name of his client in the public notice, the Disciplinary Committee of the Bar Council of India was right in holding that the respondent did not commit any moral turpitude amounting to any professional misconduct.In view of the aforesaid, we uphold the order dated 16.11.201

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2 passed by the Disciplinary Committee of the Bar Council of India. The appeal is dismissed.The appellant deposited Rs.20,000/- towards costs imposed by the High Court. The amount with interest shall be released to the respondent.Pending application(s), if any, shall stand disposed of.
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