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VIKRAM NATH, SANDEEP MEHTA
Monty Goyal – Appellant
Versus
Navrang Singh – Respondent
Headnote: Read headnote
JUDGMENT
Mehta, J.
1. Heard.
2. The appellant [Hereinafter, being referred to as “appellant-advocate”.] herein has approached this Court by way of a statutory appeal under Section 38 of the Advocates Act, 1961 for assailing the final judgment dated 4th April, 2025 passed by the Disciplinary Committee of the Bar Council of India2[ Hereinafter, being referred to as “BCI”.] in BCI Transferred Case No. 455 of 2023 whereby, the appellant-advocate was held guilty of professional misconduct for alleged failure to act with reasonable diligence and absence from Court hearing which led to dismissal of the respondent’s quashing petition.
Brief Facts: -
3. Succinctly stated, the facts leading to the present appeal are as follows:-
3.1 The respondent3 [Hereinafter, being referred to as “respondent-complainant/respondent- Navrang Singh”] came to be arraigned as an accused in FIR No. 150/2018 registered at police station Samrala, Ludhiana, for offences under section 451, 323, 506, 427, 148 and 149 of the Indian P
Professional misconduct by Advocate – No Advocate can be held guilty of professional misconduct merely on the basis of bald allegations contained in complaint.
(1) Professional misconduct by Advocate – Ordinarily, existence of a jural relationship between complainant and Advocate concerned is a precondition for invocation of disciplinary jurisdiction on the....
Only parties with a direct legal relationship with an advocate can file complaints of professional misconduct against them under Section 35 of the Advocates Act, 1961.
The Bar Council can initiate disciplinary action based on a reasonable belief of wrongdoing or a formal complaint without infringing on an advocate's rights until a final order is made.
An external member of an Internal Complaints Committee does not constitute a client-advocate relationship; therefore, allegations of professional misconduct under the Advocates Act are unfounded.
The court quashed disciplinary proceedings against a lawyer, finding the complaint to be frivolous and lacking merit, with no professional relationship between the complainant and the petitioner.
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