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2015 (4) TMI 1229 - SC - Companies LawExpulsion of Respondents from the Appellant-Society - Held that:- Writ Court after considering the merits of the case has come to the conclusion that the expulsion of Respondents from the Appellant-Society was justified. Having said so, in our view, the Court ought not to have issued the impugned directions merely because a request was made by the learned Counsel appearing for the Respondents-herein. The same would hold true even if a concession was made by the counsel for the Appellant-Society. The Court, while, exercising its powers Under Article 227 of the Constitution of India, ought to have confined itself to the subject matter and the issues raised by parties in the Writ Petition. The digression of or expansion of the supervisory jurisdiction Under Article 227 of the Constitution of India, would open precarious floodgates of litigation should the limitation on the supervisory jurisdiction not be observed mindfully. It is the solemn duty of an advocate not to transgress the authority conferred him by the client. It is always better to seek appropriate instructions from the client or his authorized agent before making any concession which may, directly or remotely, affect the rightful legal right of the client. The advocate represents the client before the Court and conducts proceedings on behalf of the client. He is the only link between the Court and the client. Therefore his responsibility is onerous. He is expected to follow the instructions of his client rather than substitute his judgment. In view of the above, while allowing these appeals, we set aside the directions issued by the Writ Court to the Appellant-Society as also the judgment and order passed by the High Court in Review Petition.
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