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1959 Supreme(Pat) 93

S.C.MISRA, KANHAIYA SINGH, K.AHMAD
State Of Bihar – Appellant
Versus
Chandreshwar Prasad, Pleader – Respondent


Judgment

Ahmad, J.

1. This is a reference made under Sec.14 of the Legal Practitioners Act by the District Judge of Muzaffarpur. It relates to the conduct of one Mr. Chandreshwar Prasad, who is enrolled as a Pleader in that District Court since the 21st of March, 1950, and has been practising there as such since then. The main allegation against him as found in the order under reference which is dated 26-9-1957, is:

"that Sri Chandreshwar Prasad, pleader, intentionally took back those documents in collusion with his clients in order to help them. I would, therefore, recommend that the matter may be placed before the Hon ble High Court for taking suitable action against Sri Chandreshwar Prasad, pleader, under Sec.14 of the Legal Practitioners Act."

2. Now, the admitted position is as will appear from the facts on the record that the alleged misconduct was committed, if at all, in the Court of Mr. Kamleshwar Prasad Verma, the then presiding officer of the 2nd court of Munsif at Muzaffarpur, and not in the Court of the District Judge; but the officer who on the basis of that alleged misconduct had finally drawn the proceeding giving rise to the present reference was the District judge.










































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