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Instance of misconduct Held in Case Citation

no
Retention of money deposited with advocate for the AIR
1 Prahlad Saran Gupta V Bar council of India
decree holder even after execution proceedings 1997.SC.1338
2 Misguiding Junior Advocate Harish Chander Singh V SN Tripathi AIR. 1997 SC 879
3 Assaulting opponent with Knife in Court room Hikmat AliKhan v Ishwar Prasad Arya AIR 1997. SC 864
AIR 1996 SC
4 Scandalisation against Judge In re DC Saxena
2481
UP Sales tax service association v taxation Bar
5 Attending court with fire arm AIR 1996.SC 98
Association, Agra
Discussion of the conduct of judge and pass resolution
C Ravichandran Iyer v Justice AM 1995. (2) KLT,
6 by bar council, bar association or group of practicing
Bhattacharjee SN 56 case no 77.
advocates
7 Failure to return will executed and kept in safe custody John D Souza v edward Ani 1994. SC 975
1993, (1) KLT
8 Constant abstention from conducting of cases Onkar Singh V Angrez Singh 650, P&H High
Court.
DS Dalai V State Bank of India AIR 1993 SC
9 Misappropriation of amount paid 1608 / AIR 1993.
JS Jadhav v Mustafa Haji Mohamed Yusuf SC 1535
10 Attesting forged affidavit M Veerendra Rao v Tek Chand AIR 1985 SC 28
11 Failure to attend trial after accepting the brief SJ Choudhary v State AIR 1984 SC 618
12 Improper legal advice PD Khandekar v Bar Council of Maharastra AIR 1984 SC 110
AIR 1983 SC
13 Misappropriation of Decretal amount KV Umre v Venubai
1154
Taking money from client for the purpose of giving AIR 1983 SC
14 Chandra Sekhar Soni v Bar Council of Rajastan
bribe 1012
15 Rushing towards potential clients and snatching briefs The bar Council of Maharastra v MV Dabholkar AIR 1976 SC 242
Taking advantage of the ignorance and illiteracy of the NA Mirzan V the disciplinary committee of the
16 AIR 1972 SC 46
clients Bar council of Maharastra
17 Appearing with out authority on a forged vakalath In re advocate AIR 1971 Ker 161
AIR 1967 Mad.
18 Advertising profession CD Sekkizhar v Secretary, Bar Council, Madras.
35
AIR 1963. SC
In the matter of P an Advocate and
19 Gross negligence involving moral turpitude 1313 / AIR 1997
VP Kumaravelu v the Bar council of India
SC 1014
20 Coercing Colleagues In re Badri Narin AIR 1960 Pt. 307
21 Appearing for both sides Rambharosa Kalar v Surendra nath Thakur AIR 1960 MP 81
22 False identification of Deponents Brahma din and others v Chandrasekhar Shukla AIR 1958 AP 116
Shri Narain Jafa V The Hon. Judges of the High
23 Indecent cross examination AIR 1953 SC 368
Court, Allahabad
Shouting political slogans and holding demonstrations AIR 1943, Mad.
24 In the matter of a pleader, Ottapalam
in court 130
AIR 1934 Rang.
25 Attending court in drunken state In the matter of a lower grade pleader
423
26 Breach of trust Bapurao Pakhiddey v Suman Dondey 1999 (2) SCC 442
27 bribe Purushottam Eknath Nemade v DN Mahajun 1999 (20 SCC 215
LC Goyal v Nawal Kishore
1997 (2) SCC 258
and
28 Fraud and forgery / AIR 1996 SC
Devender Bhai Shanker Mehta v Ramesh
2022
Chandra Vithal Dass Seth
a bribe and influenced the judge to obtain an order
29 favorable to him. The Disciplinary Committee stated
Sambhu Ram Yadav V/S Hanuman Das Khatry
. that such actions make an advocate “totally unfit to be a
lawyer.” 
An advocate assaulted and kicked the complainant and
asked him to refrain from proceeding with the case. The
30
Supreme Court held that a lawyer is obliged to observe Noratanmal Chaurasia V/s M.R. Murli 
.
the norms of behavior anticipated for him and his
behavior was unfit for an advocate. 
In this case, it is observed that advocates positioning
themselves at the entrance to the Magistrate’s courts and
31 rushing towards potential plaintiffs, often leading to an
Suo Motto Enquiry V/s Nand Lal Balwani 
. unpleasant struggle to snatch briefs and undercutting of
fees. The disciplinary committee expressed that "there is
a prima facie case of professional misconduct". 
One of the key functions of the Bar Council in regard to
32 Supreme Court Bar Association V/S Union Of
standards of professional conduct of lawyers is to
. India
receive complaints against lawyers. 
33 An advocate who is found guilty of having filed Narain Pandey vs. Pannalal Pandey  (2013) 11 SCC
 vakalatnamas without authority and then filing false and
fictitious compromises on behalf of the client without
. 435 
any authority deserves punishment proportionate to the
degree of misconduct.
34 Bar Council of Andhra Pradesh vs. Kurapati
Lawyer misappropriated his client’s money. AIR 2003 SC 178
. Satyanarayana
35 The advocate withdrew the decretal amounts paid and
Smt. Siya Bai vs. Sita Ram BCI Tr. Case No. 8/1987
. did not make the payment to the client
It is the imperative duty of the counsel on receipt of the
36 client’s decretal money, to inform the client thereof and AIR 1961 Ker
In Re: An Advocate vs. Unknown
. pay him without the amount under receipt without any 209
delay.
The defendant assaulted his opponent with a knife.
37
Prosecuted under Section 307 of IPC and Section 25 of Hikmat Ali Khan vs Ishwar Prasad Arya AIR 1997 SC 864
.
the Arms Act. 
Advocates kept seeking adjournments, and thus
38 AIR 2001 SC
harassing the witnesses for the purpose of cross- NG Dastane vs. Shrikant S. Shivde
. 2028
examination. Guilty of misconduct.
39 Section 35 envisages not only ‘professional misconduct’ In Re: Tulsidas Amanmal Karani vs. AIR 1941 Bom
. but also ‘other misconducts’, not defined in the Act. Unknown 228
40 For liability, there has to be moral delinquency. Mere Central Bureau of Hyderabad vs. K Narayan
(2012) 9 SCC 512
. negligence sans moral delinquency will not suffice.  Rao 
Lawyers have no right to strike, i.e. to abstain from
appearing in the court in cases in which they hold
41
vakalat for the parties, even if it is in response to or in Harish Uppal vs. Union of India (2003) 2 SCC 45
.
compliance with a decision of any association or body
of lawyers. 
42 Supreme Court discussed the role of the counsel in Byram Pestonji Gariwal vs. Union Bank of
(1992) 1 SCC 31 
. compromise of suit. India
The lawyer in a class action suit settled contingent fee
depending on the quantum of compensation awarded to
the claimant; and that he identified some claimants in
AIR 2002 SC
43 opening a bank account wherein the cheque for the Rajendra Pai vs. Alex Fernandes
1808
awarded amount of compensation was lodged and then
the amount withdrawn which identification was later on
found to be false.
The advocate does not have a lien for his fees on the
44 R.D. Saxena vs. Balram Prasad Sharma (2000) 7 SCC 264
litigation papers entrusted to him by his client.
The lawyer in connivance with the other party,
deliberately and intentionally did not appear in the
45 Virendra Kumar Gupta vs. Anil Kumar Jain
execution proceedings of his client, which were
therefore dismissed in default.
Advocate had concealed facts about his conviction
AIR 1975 Delhi
46 under Section 473 of IPC and the fact that he was out on Joginder Singh vs BCI
192
bail. 
The advocate made manipulation in the operative part of
Surendra Nath Mittal vs. Daya Nand Tr. Case No. 63 /
47 the judgement and decree by adding the words “mai
Swaroop BCI 1987
sood” i.e. including interest. 
The obtaining of the signature by the advocate on blank
vakalatnama and blank watermarked papers for the
Appeal No.
48 purpose of defrauding the client’s amounts to the Vikramaditya vs. Smt. Jamila Khatoon D.C.
21/1996
professional misconduct under Rule 15 of the BCI
Rules- Chapter II. 
The advocate did not file, rather, misappropriated the
Allahabad Bank vs. Girish Prasad Verma Tr. Case No.
49 sum paid to him by the client for the purpose of court
BCI 49/1993
fees 
The complainant alleged that the respondent advocate
Tr. Case No.
50 was a practising lawyer as well as was working as an Babu Lal Jain v. Subhash Jain BCI
115 / 1996
editor, printer, and publisher of a weekly paper. 
The lawyer refused to return the will he executed, in
51 John D’souza v. Edward Ani  1994 SCC (2) 64 
spite of two letters demanding to hand over the will. 
The lawyer failed to disclose the conflicting interests to
1979 SCR (1)
52 client, and also betrayed the trust reposed in him by the V. C. Rangadurai vs D. Gopalan
1054
client