VIKAS DESHPANDE versus BAR COUNCIL OF INDIA AND ORS.

VIKAS DESHPANDE versus BAR COUNCIL OF INDIA AND ORS.

The appellant obtained power of attorney by misrepresentation, sold complainants' property fraudulently, and appropriated the proceeds for himself without fees being settled, amounting to grave professional misconduct under Section 35 of Advocates Act.

Parties
Appellant: Vikas Deshpande; Respondent: Bar Council of India
Jurisdiction
India
Judgment Date
29 November 2002
Procedural Posture
Civil Appeal / Appeal Against Final Order of Disciplinary Committee, Bar Council of India
Outcome
Appeal dismissed
Legal Topics
Advocate Client Relationship, Misappropriation, Disciplinary Proceedings
Professional Misconduct Legal Ethics Advocate Client Relationship Misappropriation Disciplinary Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Vikas Deshpande

Appellant

Bar Council of India

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant advocate committed professional misconduct by obtaining power of attorney from complainants through misrepresentation and selling their property
  2. 2 Whether the appellant was entitled to appropriate sale proceeds as his fee without settled agreement

Ratio Decidendi

The appellant obtained power of attorney by misrepresentation, sold complainants' property fraudulently, and appropriated the proceeds for himself without fees being settled, amounting to grave professional misconduct under Section 35 of Advocates Act.

Court Disposition

Appeal dismissed

Orders

  • Appellant is permanently debarred from practising as Advocate.
  • Appellant's name to be removed from roll of Bar Council of Maharashtra and Goa.