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2001 Supreme(SC) 851

S.N.PHUKAN, K.T.THOMAS, R.P.SETHI
N. G. Dastane – Appellant
Versus
Shrikant S. Shivde – Respondent


JUDGMENT

Thomas, J.-Leave granted.

2. We are much grieved, if not peeved, in noticing how two advocates succeeded in tormenting a witness by seeking numerous adjournments for cross-examining him in the Court of a judicial magistrate. On all those days the witness had to be present perforce and at considerable cost to him. It became a matter of deep concern to us when we noticed that the judicial magistrate had, on all such occasions, obliged the advocates by granting such adjournments on the mere asking to the incalculable inconvenience and sufferings of the witness. When he was convinced that those two advocates were adopting the tactics of subterfuge by putting forth untrue excuses every time for postponing cross-examination he demurred. But the magistrate did not help him. Ultimately when pressed against the wall he moved the State Bar Council for taking disciplinary proceedings against the advocates concerned. But the State Bar Council simply shut its doors informing him that he did not have even a prima facie case against the delinquent advocates. He met the same fate when he moved the Bar Council of India with a revision petition, as the revision petition was axed down a

































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