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
Summary, issues, holding and outcome
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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
Legal Issues
- 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 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.
Full Case Text
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