PAWAN KUMAR SHARMA versus GURDIAL SINGH

PAWAN KUMAR SHARMA versus GURDIAL SINGH

The evidence only showed appellant owned four taxis, but failed to establish that he was personally engaged in taxi business after enrolment as advocate; unrebutted testimony and lack of contrary evidence meant the charge was not established beyond reasonable doubt.

Parties
Appellant: Pawan Kumar Sharma; Respondent: Gurdial Singh
Jurisdiction
India
Judgment Date
23 September 1998
Procedural Posture
Civil Appeal / Appeal From Disciplinary Committee Order
Outcome
Appeal allowed; order of disciplinary committee set aside.
Legal Topics
Professional Misconduct of Advocates, Bar Council of India Rules, Engagement in Business by Advocates
Professional Ethics Legal Profession Professional Misconduct of Advocates Bar Council of India Rules Engagement in Business by Advocates

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Parties

Pawan Kumar Sharma

Appellant

Gurdial Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From Disciplinary Committee Order

Legal Issues

  1. 1 Whether appellant advocate was engaged in taxi business after enrolment
  2. 2 Whether professional misconduct was established under Bar Council of India Rules

Ratio Decidendi

The evidence only showed appellant owned four taxis, but failed to establish that he was personally engaged in taxi business after enrolment as advocate; unrebutted testimony and lack of contrary evidence meant the charge was not established beyond reasonable doubt.

Court Disposition

Appeal allowed; order of disciplinary committee set aside.

Orders

  • Order of Disciplinary Committee suspending appellant from practice for one year set aside.
  • No costs awarded.