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1961 Supreme(Bom) 25

DESAI, NAIK
Mohammed Yusuf – Appellant
Versus
D – Respondent


In Disciplinary No. 1 of 61 with M. Ps. Nos. 5 and 6 of 1961 :Advocate General with V. T. Gambhirwala, for Petitioner; S. V. Gupte, M. J. Mistry and N. A. Palkhiwala instructed by Jehangir Gulabbhai and Billimoria, for the Advocates; A. A. Peerbhoy and C. J. Shah, instructed by Nagindas Husseinally and Co., for the Complainant; Ramnath Shivlal, for Secretary, Bar Council. In M. P. No. 7 of 1961; R. B. Kotwal and S. R. Chitnis, for the Advocate.

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Judgement

NAIK, J. :- These four cases arise out of three petitions lodged by one Sir Mohammed Yusuf and his son, Abdul Rahman against two practicing lawyers, D and S for taking action against them for professional misconduct. Out of these three petitions, two were filed by Sir Mohammed Yusuf, one against D in his capacity as a solicitor and the other against him as an advocate and also against S as an advocate. The third petition was filed by Abdul Rahman against D as a solicitor complaining that the latter was responsible for filing false proceedings under the Administration of Evacuee Property Act against him and pursuing them with a view to deter him from claiming the amount, that D had retained and for which he failed to render accounts to him. The two petitions filed by Sir Mohammed Yusuf and Abdul Rahman against D as a solicitor were referred to a committee of the Incorporated Law Society. The latter submitted a report exonerating D from the charges levelled against him. The learned Chief Justice was not satisfied with the report and therefore, referred the matter to Shelat, J. for further investigation and report. After a full enquiry into the matter. Shelat, J. came to the
































































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