SARDUL SINGH versus PRITAM SINGH AND ORS.

SARDUL SINGH versus PRITAM SINGH AND ORS.

Misconduct by the respondent was grave, involving multiple instances of practicing during suspension using a different name and concealing material facts at the time of enrolment. The Bar Council of India was justified in imposing a three-year suspension, and the review order reducing punishment was unsustainable.

Parties
Appellant/complainant: Sardul Singh; Respondent/advocate: Pritam Singh
Jurisdiction
India
Judgment Date
18 March 1999
Procedural Posture
Civil Appeal / Appeal From Bar Council of India Disciplinary Proceedings; Decision on Review Order
Outcome
Appeal allowed; review order set aside; original suspension order restored
Legal Topics
Advocate Misconduct, Disciplinary Proceedings, Professional Ethics, Punishment for Misconduct

Case Brief

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Parties

Sardul Singh

Appellant/complainant

Pritam Singh

Respondent/advocate

Procedural Posture

Civil Appeal / Appeal From Bar Council of India Disciplinary Proceedings; Decision on Review Order

  1. 1 Whether the respondent was guilty of professional misconduct by practicing during suspension and by concealing an earlier criminal conviction at the time of enrolment
  2. 2 Whether the disciplinary authorities erred in treating the breaches as a solitary act and in reducing the punishment

Ratio Decidendi

Misconduct by the respondent was grave, involving multiple instances of practicing during suspension using a different name and concealing material facts at the time of enrolment. The Bar Council of India was justified in imposing a three-year suspension, and the review order reducing punishment was unsustainable.

Court Disposition

Appeal allowed; review order set aside; original suspension order restored

Orders

  • Bar Council of India's review order dated 27.4.92 is set aside.
  • Order of Bar Council of India dated 4.10.91 suspending respondent for three years is restored.