V.P. KUMARA VELU versus THE BAR COUNCIL OF INDIA, NEW DELHI AND ORS.

V.P. KUMARA VELU versus THE BAR COUNCIL OF INDIA, NEW DELHI AND ORS.

Failure by the appellant to attend to the two cases amounted only to negligence, not professional misconduct, as there was no moral turpitude or deliberate delinquency involved.

Parties
Appellant: V.P. Kumara Velu; Respondents: The Bar Council of India, New Delhi and Ors.
Jurisdiction
India
Judgment Date
04 February 1997
Procedural Posture
Civil Appeal / Appeal From Order of Disciplinary Committee of Bar Council of India
Outcome
Appeal allowed
Legal Topics
Professional Misconduct, Negligence, Advocates Act
Professional Discipline Professional Misconduct Negligence Advocates Act

Case Brief

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Parties

V.P. Kumara Velu

Appellant

The Bar Council of India, New Delhi and Ors.

Respondents

Procedural Posture

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

Legal Issues

  1. 1 Whether the lapses by the City Government Pleader amounted to professional misconduct under Section 35(1) of the Advocates Act, 1961

Ratio Decidendi

Failure by the appellant to attend to the two cases amounted only to negligence, not professional misconduct, as there was no moral turpitude or deliberate delinquency involved.

Court Disposition

Appeal allowed

Orders

  • The finding of professional misconduct against the appellant is set aside.
  • No order as to costs.