TMI Blog1997 (7) TMI 677X X X X Extracts X X X X X X X X Extracts X X X X ..... by it under section 35 of the Act expeditiously and in any case to conclude the proceedings within one case to conclude the proceedings within one year from the date of the receipt of the complaint or the date of initiation of the proceedings if at the instance of the state Bar Council. Under Section 35 of the Act where on the receipt of a complaint or otherwise the state bar council has reason to believe that any advocate on it s role has been guilty of professional or other misconduct, it shall refer the case for disposal to its Disciplinary Committee. One Srikishan Dass died on January 5, 1980 leaving behind extensive properties, both movable and immovable. One Vidya wati claiming to be the sister and the only legal heir of Srikishan Dass filed a petition under Section 276 of the Indian Succession Act in the court of District Judge, Delhi for grant of probate/letters of administration to the estate of deceased Srikishan Dass. This she filed in February, 1980. It is not that there was any will. The complainant Ram Murti (who is now respondent before us ) and tow other persons also laid claim to the properties of Srikishan Dass claiming themselves to be his heirs and propoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ised by the parties in various proceedings pending in the courts and still awaiting adjudication, the grievance of the complainant is as to how an advocate could purchase property from his client which property is the subject matter of dispute between the parties in a court of law. During the course of hearing of this appealing was also brought to our notice that second floor of the property bearing No. 4858-A, 24 Daryaganj was purchased by Suresh Kumar Gupta son-in-low of the advocate P.D. Gupta Sola the property purchased by him in November, 1987 for a consideration of ₹ 3,40,000/- in December, 1982. It is pointed out that the facts relating to purchase of different portions of property No. 4858-A, 24 Daryagnaj and subsequent sale by P.D. Gupta in buying the property from Vidya Wati in the circumstances aforesaid who had been describing herself some time as half blood sister, real sister or even step-sister of Srikishan Dass. The explanation given by P.D. Gupta is that though Vidya Wati was step-sister of srikishan Dass but the later always treated her like her real sister and that is how vidya Wati also at times described herself as real sister. There are some more fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n-law Suresh Kumar Gupta and we complainant and the concerned parties. In the sale deed which is dated December 30, 1982 executed in favour of P.D. Gupta recitals show that the agreement to sale was entered into on September 3, 1980. The completion certificate of the building was obtained on August 28, 1981 Payment of ₹ 1,50000/- made before execution of the sale deed on various dates from 3.8.80 to 20.11.1981 by means of cheques except one payment of ₹ 10.000/- made by cash on September 3, 1980. balance amount of consideration of ₹ 30,000/- was paid at the time of registration of the sale deed there is no mention of any civil suit respecting this property pending in the High Court. Rather it is stated that vendor had constructed various floors and had assured/represented to the vendee that she had a good and marketable title to the property and the same was free form all sorts of liens, charges, encumbrances or others like burdens, and in case any defect in the title of the vendor was later on proved, the vendor undertook to compensate the vendee for all losses, damages and claims, which might be caused to him in this regard. In the other sale deed dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bar Council of India also observed : It is acknowledged fact that a lawyer conducting the case of his client has commanding status and can expert influence of his client. As a member of the Bar it is our common knowledge that lawyers have lawyers have started contracting with the clients and enter into baroains that in case of success he will shore the result. Number of instanses of Motor Accident Claims. No doubt there is no bar for instances to purchase property but on account of common prudence specially law knowing person will never prefer to purchase the property, the title of which is under doubt. Finally it said: But for the purpose of the present complaint, having regard to all the facts and circumstances of the case, the committee is of the opinion that the conduct of the respondent is patently unbecoming of a lawyer and against professional ethics. Consequently, we feel that as an exemplary punishment, Shri P.D. Gupta should be suspended form practice for a period of one year so that other erring lawyers should learn a lesson and refrain themselves form indulging in such practice. The question which rises for consideration is: In view of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P.D. Gupta purchased the properties which were subject matter of dispute for himself and also for his son-in-law at almost throw away prices and thus he himself became a party to the litigation . conduct of P.D. Gupta cannot be said to be above board. It is not material that Vidya Wati or anyone claiming through her has not complained against him. We are concerned with the professional conduct of P.D. Gupta as a lawyer conducting the case for his client. a lawyer owes duty to be fair not only to his client but to the court as well as to the opposite party in the conduct of the case. Administration of Justice is stream which has to be dept pure and clean. It has to be kept unpolluted. Administration of Justice is not something which concerns the Bench only. It concerns the Bar as well, Bar is the principal ground for recruiting Judges. No one should be able to raise a finger about the conduct of a lawyer. While conducting the case he functions as officer of the court. Here, P.D. Gupta in buying the property as in effect subverted the process of justice. His action has raised serious questions about his fairness in the conduct of the trial touching his professional conduc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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