SURENDRA PRASAD MISHRA versus SMT. RAMAWATI AND OTHERS

SURENDRA PRASAD MISHRA versus SMT. RAMAWATI AND OTHERS

The High Court was right in setting aside the order relating to lawyers' fee dispute, but it overstepped by passing scathing remarks on the appellant's integrity and imposing costs; such remarks are to be expunged and the imposition of costs is set aside.

Parties
Appellant: Surendra Prasad Mishra; Respondents: Smt. Ramawati and Others
Jurisdiction
India
Judgment Date
16 August 2019
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Adverse Remarks Against Judicial Officers, Lawyers' Fee Dispute, Motor Accident Claims Tribunal, Court's Jurisdiction Over Advocates' Disputes, Costs Imposed on Judicial Officers, Expunging Remarks
Judiciary Legal Profession Adverse Remarks Against Judicial Officers Lawyers' Fee Dispute Motor Accident Claims Tribunal Court's Jurisdiction Over Advocates' Disputes Costs Imposed on Judicial Officers Expunging Remarks

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Parties

Surendra Prasad Mishra

Appellant

Smt. Ramawati and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court

Legal Issues

  1. 1 Whether the High Court was justified in passing adverse remarks and imposing costs on the judicial officer for orders relating to lawyers’ fee disputes
  2. 2 Whether courts should settle disputes between lawyers regarding fees

Ratio Decidendi

The High Court was right in setting aside the order relating to lawyers' fee dispute, but it overstepped by passing scathing remarks on the appellant's integrity and imposing costs; such remarks are to be expunged and the imposition of costs is set aside.

Court Disposition

Appeal allowed

Orders

  • All adverse remarks against the appellant expunged.
  • Para 15 of the impugned High Court judgment deleted.