CHANDER PRAKASH TYAGI versus SHRI BENARSI DAS(DEAD) BY LRS. AND OTHERS

CHANDER PRAKASH TYAGI versus SHRI BENARSI DAS(DEAD) BY LRS. AND OTHERS

Appellant was guilty of professional misconduct for acting for the opposite party in proceedings involving the same property, breaching fiduciary obligations and violating Regulation 33 of Bar Council of India Rules; disciplinary action of suspension and imposition of costs was justified.

Parties
Appellant: Chander Prakash Tyagi; Respondents: Shribenarsi Das (Dead) by LRS. and others
Jurisdiction
India
Judgment Date
17 March 2015
Procedural Posture
Civil Appeal / Appeal Against Order of Disciplinary Committee of Bar Council of India
Outcome
Appeals dismissed
Legal Topics
Conflict of Interest, Advocate Misconduct, Disciplinary Proceedings
Professional Misconduct Legal Ethics Conflict of Interest Advocate Misconduct Disciplinary Proceedings

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Parties

Chander Prakash Tyagi

Appellant

Shribenarsi Das (Dead) by LRS. and others

Respondents

Procedural Posture

Civil Appeal / Appeal Against Order of Disciplinary Committee of Bar Council of India

Legal Issues

  1. 1 Whether the appellant advocate committed professional misconduct by accepting briefs for both sides relating to the same property
  2. 2 Whether the suspension and costs imposed by the Bar Council of India are justified

Ratio Decidendi

Appellant was guilty of professional misconduct for acting for the opposite party in proceedings involving the same property, breaching fiduciary obligations and violating Regulation 33 of Bar Council of India Rules; disciplinary action of suspension and imposition of costs was justified.

Court Disposition

Appeals dismissed

Orders

  • Appellant suspended from practice for one year.
  • Appellant directed to pay cost of Rs. 2,000, of which Rs. 1,000 to respondent-complainant and Rs. 1,000 to Advocates' Welfare Fund of B.C.I.