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2018 Supreme(SC) 408

A.K.SIKRI, ASHOK BHUSHAN
Advanta India Ltd. – Appellant
Versus
B. N. Shivanna – Respondent


Advocates Appeared:
For the Appellants :B.K. Sampath Kumar, Balaji Srinivasan, Ms. Vaishnavi Subrahmanyam, Ms. Pratiksha Mishra, Abhishek Bharti, Advocates.
For the Respondents:Aljo K. Joseph, Sayooj Mohandas. M., Vishal Arun, Advocates.

JUDGMENT :

A.K. SIKRI, J.

1. An important question of law that needs to be determined in this appeal pertains to the power of review with the Disciplinary Committee of the Bar Council of India (BCI). On a complaint filed by the appellant against the respondent, who is an Advocate, alleging the commission of serious acts of professional misconduct, with the Karnataka State Bar Council, the complaint was referred to its Disciplinary Committee. It examined the matter after giving due opportunity to both the parties to lead their respective evidences and held the respondent guilty of the charges of misconduct levelled against him. As a sequitur, the order dated July 31, 2005 was passed by the State Bar Council whereby the respondent was debarred from practicing for life and his name was also removed from the rolls of the Bar Council.

2. Statutory appeal was preferred by the respondent before the BCI which disposed of the said appeal vide the Order dated September 10, 2011. It reduced the punishment awarded to the respondent by debarring him for a period of 18 months, along with fine of Rs.25,000/-. The respondent filed the review petition under section 48AA of the Advocates Act, 1961 seek

































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