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1993 Supreme(SC) 1180

P.B.SAWANT, S.R.PANDIAN
John D Souza – Appellant
Versus
Edward Ani – Respondent


Advocates:
AMANI SAHU, EDVARD ANI, LATA KRISHNAMURTHY, PAUL DSOUZA, RAM JETHMALANI

Judgment

S. RATNAVEL PANDIAN, J. :- The appellant who is an Advocate in Bangalore practising since 1942 was proceeded against for professional misconduct on the basis of a complaint dated 7th November, 1986 lodged by the respondent, Mr. Edward Ani with the Karnataka State Bar Council (Bangalore) under Section 35 of the Advocates Act alleging that the appellant with whom a Will dated 1-7-1968 executed by his mother-in-law, Mrs. Mary Raymond was entrusted for safe custody against receipt dated 5th July, 1968 bearing serial No. 576 in his register of Wills (marked as Ex. P-l) refused to return that Will in spite of two letters dated 4-1-1982 and 15-4-1986 demanding the appellant to hand over the Will kept in his custody and that the appellant thereby has committed -professional misconduct.

2. The synoptical resumption of the case which has given rise to this appeal may be briefly stated :

One, Mr. N. E. Raymond and his wife, Mrs. Mary Raymond were the clients of the appellant. Mrs. Mary Raymond during her lifetime got her Will drafted by the appellant and entrusted the same after execution with the appellant in respect of which the appellant had given a receipt dated 5-7-1968 vide Ex. P.

























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