P.D. GUPTA versus RAM MURTI AND ANR.

P.D. GUPTA versus RAM MURTI AND ANR.

The conduct of the appellant, as advocate, buying property from his client which was under litigation and with title in dispute, at a throw away price, and subsequently selling it to a third party for profit, amounted to professional misconduct under Section 35 of the Advocates Act. Such conduct is unbecoming of an advocate and brings the administration of justice into disrepute.

Parties
Appellant: P.D. Gupta; Respondent No. 1: Ram Murti
Jurisdiction
India
Judgment Date
08 July 1997
Procedural Posture
Civil Appeal / Appeal Against Order of Disciplinary Committee of Bar Council of India
Outcome
Appeal dismissed
Legal Topics
Advocates Act Section 35, Duty of Advocates, Professional Ethics
Professional Misconduct Legal Profession Advocates Act Section 35 Duty of Advocates Professional Ethics

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Parties

P.D. Gupta

Appellant

Ram Murti

Respondent No. 1

Procedural Posture

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

Legal Issues

  1. 1 Whether buying and selling disputed property by an advocate for profit constitutes professional misconduct under Advocates Act Section 35
  2. 2 Whether non-framing of charges in disciplinary proceedings is fatal

Ratio Decidendi

The conduct of the appellant, as advocate, buying property from his client which was under litigation and with title in dispute, at a throw away price, and subsequently selling it to a third party for profit, amounted to professional misconduct under Section 35 of the Advocates Act. Such conduct is unbecoming of an advocate and brings the administration of justice into disrepute.

Court Disposition

Appeal dismissed

Orders

  • Punishment of suspension from practice for one year upheld; no interference with order of Bar Council of India
  • No order as to costs