Tag: professional responsibility

Lawyer’s Unconditional Apology Convinces Supreme Court to Delete Adverse Remarks and Penalty
Supreme Court

Lawyer’s Unconditional Apology Convinces Supreme Court to Delete Adverse Remarks and Penalty

The Supreme Court emphasized the duty of counsel to respect the Court's expressed inclination and maintain decorum. While continuous insistence after the Court indicates its mind is improper, the Bench accepted an unconditional apology in this instance. Accordingly, it exercised its discretion to delete adverse remarks and the costs imposed in the original order. Facts Of The Case: The State Election Commission of Uttarakhand filed a Special Leave Petition in the Supreme Court challenging an interlocutory order of the High Court. The High Court had stayed a clarification issued by the Commission, holding it to be contrary to statutory provisions. During the hearing on September 26, 2025, the Supreme Court repeatedly communicated to the Commission's counsel that the matter did not warrant...
Supreme Court Cracks Down on Misuse of Disciplinary Process, Imposes Costs on Bar Council
Supreme Court

Supreme Court Cracks Down on Misuse of Disciplinary Process, Imposes Costs on Bar Council

The Supreme Court ruled that a disciplinary complaint under the Advocates Act cannot be maintained by a litigant against the opposing party's advocate, absent a jural relationship. It further held that a State Bar Council's referral order must record reasoned satisfaction of a prima facie case of misconduct, and a cryptic order is legally unsustainable. Facts Of The Case: The case originated from a complaint filed by Khimji Devji Parmar with the Bar Council of Maharashtra and Goa (BCMG) against advocate Rajiv Nareshchandra Narula. Parmar alleged that his late father was a partner in a firm, M/s. Volga Enterprises, which had rights over a disputed property. A suit concerning this land was pending before the High Court, involving the original owner, Nusli Randelia, and a claimant, M/s. Uni...