SUPREME COURT OF INDIA
NAFAR CHANDRA JUTE MILLS LIMITED
Vs.
UNITED BANK OF INDIA
Decided on August 31, 2000
False Statement - Court's Integrity - The court dismissed the civil appeal due to the advocate's false statement and emphasized that it will not tolerate false statements made to it at the Bar.
Fact of the Case:
The appellant's advocate and advocate-on-record made false statements to the court regarding the advocate-on-record's absence, causing a delay in the proceedings.
Finding of the Court:
The court found that a false statement had been made to keep the matter going until counsel could appear, which the court would not tolerate. The court dismissed the civil appeal.
Issues: False statement made to the court, integrity of the court, advocate's conduct
Ratio Decidendi: The court emphasized that it will not tolerate false statements made to it at the Bar, regardless of the advocate's position, and that such conduct undermines the integrity of the court.
Final Decision: The civil appeal was dismissed.
( 1 ) WHEN the matter reached hearing, we were informed by a learned advocate that Mr P. S. Mishra was appearing for the appellant and that he was on his legs in another court, and he sought a pass over. We asked where the appellants advocate-on-record was. We were told that he was coming. So we waited, during which time the learned Solicitor General appearing for the first respondent, gave us the facts. The same advocate who had said that the advocate-on-record was coming now, appeared" again and said that the advocate-on-record was taking medicines and was coming. It is because of that that we continued to wait and the learned Solicitor General went on to read parts of the impugned judgment. About ten minutes later, Mr Mishra and the advocate-on-record appeared. We asked Mr Mishra where the advocate-on-record had been all this time and we were told that he had been instructing Mr Mishra in the other court. We asked, therefore, whether the statement of the learned advocate that the advocate-on-record had been taking medicine was correct. The answer was that it was not correct. We asked why the learned advocate had, then made such a statement. We were told that it might have been out of nervousness. Nervousness, in our view, would not bring to a junior advocate the thought of making the excuse of "medicines". A false statement has been made to us to keep the matter going till counsel could appear, which we will not tolerate.
( 2 ) MR Mishra now states that he is appealing to our conscience. Our conscience dictates that the Court will not tolerate false statements made to it at the Bar whether by a junior advocate or by anybody else. Mr Mishra should know better than to refer to our conscience in these circumstances.
( 3 ) THE civil appeal is dismissed.
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