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1993 Supreme(Bom) 357

IN THE HIGH COURT OF BOMBAY
(AURANGABAD BENCH)
V.V. Kamat A.A. Halbe, JJ.
Dattugir s/o Ratangir Tondchirkar.... Petitioner.
Versus
The State of Maharashtra and others.... Respondents.
Writ Petition Nos. 1994 2358 of 1993, decided on 13-8-1993.
Advocates appeared :
S.B. Talekar, for the petitioner, in W.P. No. 1994 of 1993.
S.B. Bhapkar, A.G.P., for State-responent, in W.P. Nos. 1994 2358 of 1993.
A.B. Naik with V.D. Gunale, for respondent No. 5, in W.P. No. 1994 of 1993.
V.G. Sakolkar, for respondent No. 1, in W.P. No. 1994 of 1993.
V.D. Sapkal, for the petitioners, in W.P. No. 2358 of 1993.

Headnote:Section 56-A-Constitution of India, Article 227-Powers under Article 227-Scope and exercise of.

       Joint Charity Commissioner-Action of in spirit of situation and in bona fide manner-Hence no case for exercise of powers under writ jurisdiction and petitioner has no right to be heard.

       Section 35-A-See Constitution of India, Article 227.

       Article 227-See Bombay Public Trust Act, 1950, Section 56-A. `

       Article 227-Civil Procedure Code, 1908, Section 35-A-Power under Article 227 and word of cost-Scope of.

       Dispute regarding election to Education Society Trust-When aspersions of disparaging character cost on Returning Officer, it would be a fit case for award of deterrent costs.

       LEGAL ETHICS.

       Advocates and his client-Relationship between and duty towards court its character.

JUDGMENT- V.V. KAMAT, J.:---Mud slinging and that also in indecent and non legal language, frequently resorting to slang has a consequence of forfeiture of the right of the petitioner to the very hearing in Court in a writ petition.

2. It is a situation of antiquity when the Royal Charter was enacted in 1974, that the writ is a prerogative and the writ Court is a Court of request. This was when for the first time the then Supreme Court came to be established in the chartered High Courts.

3. In a transfer application one of us (Coram : Kamat, J., Civil Revision Application Nos. 1141 of 1992, 1096 of 1992 and 1155 of 1992 - unreported dated November 26, 1992) had an occasion to observe that the personality of an Advocate, both for the dignity of the profession and for better quality of service to the public is built upon certain standards. Analysing the relationship of an Advocate and his client it is observed that it is essentially of a fiduciary character - a representative and not as a mouth piece of the client. As a corollary this relationship rules out reckless and wild allegations even if suitable to the success of the litigation. The relationship has to be understood in the process of justice to uphold the dignity and decorum of the institution as well as to prevent its disrepute as a consequence.

4. No doubt if the writ Court comes across proceedings depicting the above features, the consequence is that both the petitioner as well as his counsel loose their right of hearing. More so when certain aspects are placed in the petition in a langauge which is not known to the Court of law as a language to be used, the Court is left only with the duty in its larger aspect to control itself and withdraw from the proceedings with regard to its hearing aspect. The Allahabad High Court, (Harbans Lal Arora v. Divisional Supdt. Central Railway, Jhansi and others)1, A.I.R. 1960 Allahabad 164, had an occasion to observe that the petitioner gets dis-entitled to be heard on merits in the event of the petition contain statements rendering the petitioner to the said consequence. It is observed that false accusations or mis-leading statements come on the record through verification of the petitioner, some of which are sworn to be true to the personal knowledge of the petitioner. In this connection it is observed and we endorse that on occasions it becomes necessary for counsel to discharge his duty to the client and point out to the Court that the action taken against him is vitiated, but in these there is an obligation on the counsel to take every possible care and precaution to ensure that the allegations are true. It becomes the duty of the Court to protect officials against unfair attacks, insinuations tending to be of scandalous character.

5. Much has been said about the responsibility of the counsel. It is in the spirit that there is no other profession in the world which touches human life at so many points and it is because the legal profession guards to precious things in life - justice and liberty and it is this ? responsibility of guardianship that makes the profession honourable with roots in its long and established traditions.

6. The Trust conducts Education Institutions. Education gets concerned with an assemblage of learned men brought together by familiar intercourse for the sake of intellectual peace. It is a place for a pure and clear atmosphere of thought, which the students also breathe. The students profit by an intellectual tradition, which is independent of particular teachers, the tradition that guides him in the choice of subjects, the great outlines of knowledge and the principles on which it rests. There is total prohibition of any kind of intention of quarreling and there is an occasion for opening the hearts, if not, the intellect, surrounding the whole circle of truth.

7. These are some of the aspects which we will have to consider while dealing with these writ petitions.

8. Indeed the logical conclusion would have b



























































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