D.S. DALAL versus STATE BANK OF INDIA AND ORS,
The evidence establishes that the complainant entrusted the suit and funds to the appellant; although the suit was filed, it was returned for objections and not refiled. There is no evidence to support the claim that the suit file was lost by the registry. The charge of misappropriation and failure to discharge professional duties is proved beyond reasonable doubt. No ground exists to interfere with the Bar Council’s order.
- Parties
- Appellant: D.S. Dalal; Respondents: State Bank of India and Ors.
- Jurisdiction
- India
- Judgment Date
- 18 March 1993
- Procedural Posture
- Civil Appeal / Appeal Against Order of Bar Council of India
- Outcome
- Appeal dismissed
- Legal Topics
- Professional Misconduct, Advocates Act, 1961
Case Brief
Summary, issues, holding and outcome
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Parties
D.S. Dalal
Appellant
State Bank of India and Ors.
Respondents
Procedural Posture
Civil Appeal / Appeal Against Order of Bar Council of India
Legal Issues
- 1 Whether proceedings and findings of the Bar Council’s Disciplinary Committee against advocates for alleged professional misconduct were proper
Ratio Decidendi
The evidence establishes that the complainant entrusted the suit and funds to the appellant; although the suit was filed, it was returned for objections and not refiled. There is no evidence to support the claim that the suit file was lost by the registry. The charge of misappropriation and failure to discharge professional duties is proved beyond reasonable doubt. No ground exists to interfere with the Bar Council’s order.
Court Disposition
Appeal dismissed
Orders
- No costs
- Order of Bar Council of India upheld: removal from rolls and withdrawal of sanad
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