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1998 Supreme(Guj) 6

Gujarat High Court
Judgename :B.C.PATEL, C.K.BUCH
VASANTBALA H.MEHTA - Appellant
Versus
DOLAT ANANT VALIA NEW HIGH school - Respondent
MISC.CIV.APPLN. 151 of 1997
Decided On : 01/15/1998

Advocates Appeared: K.T.DAVE, R.J.OZA, T.S.NANAVATI

Headnote:(a) Constitution of India, 1950 - Art. 215 - Contempt of Courts Act, 1971 - Dismissal of application known to petitioner supressed - False statement regarding search of record - No legal evidence - Held, he misled court.

       If one accepts that the petitioner conveyed the information about dismissal of an application and if that is supressed, the only inference can be drawn is that the Court is misled by supressing the material facts. Even if it is assumed that no such information was conveyed then, inference must be drawn that a false statement is made about searching of the records of the High Court.

       [Para 19.3]

       This petition is without legal affidavit and, therefore, no reliance can be placed.

       [Para 20]

       (b) Obiter Dicta - Advocate Officer of Court & agent of client - Duties of Advocate.

       Advocate is an officer of the Court, but at the same time, he is an agent for his client. He acts on behalf of his client. Whatever he does on behalf of his client, that binds the client. Great care is required to be taken while drafting the pleadings. It is at this juncture also detachment and non-identification with cause advanced by the client is to be maintained. If the advocate was not informed about the disposal of application earlier on the same subject matter it was his duty to ascertain the facts about the pendency of application by verifying the record-relevant record, but that is not done. Advocates have conflicting duties. First they are the officers of the Court. He has to help his client, but at the same time, he has an overriding duty to the court, to the standards of profession and to the public, which may and often does lead to a conflict with his clients wishes or clients personal interest. He need not withhold any document which may speak against his client; Standards of the profession require him to produce. He may invite the displeasure of his client by doing so.

       [Para 19.2]

B. C. PATEL, J.

( 1 ) THE petitioner has preferred this Misc. Civil Application, inter alia, praying to initiate contempt proceedings against the opponents for deliberate and wilful breach of the judgments and orders (i. e. , Orders passed by Gujarat secondary Education Tribunal, Ahmedabad - "tribunal" for brevity hereinafter) annexed at Annex. A colly. and to punish the opponents by sentencing them to imprisonment in exercise of the powers of this Court under Art. 215 of the constitution of India read with the provisions of the Contempt of Courts Act, 1971. xxx xxx xxx

( 2 ) BEFORE this Court, the present petition is preferred making grievance that the orders passed by the Tribunal are not complied with. In the application, averments are made which are taken verbatim as pointed out by the learned Advocate for the petitioner. Relevant paras read as under :-" (14) It is further respectfully submitted that despite the clear cut orders of the Hon. Education Tribunal in Application No. 57 of 1987 dated 31-7-1989 and again by its another order dated 21-10-1988 below the application Exh. 6 in the said application No. 57 of 1987, the applicant was left with no other alternative but to approach this Honble high Court by way of filing a contempt proceedings against the opponent herein being misc. Civil Application No. 770 of 1990 praying therein to initiate contempt proceedings against the opponents for the deliberate and wilful breach of the judgment, order and directions given by the Hon. Education Tribunal in the above referred application being application No. 57 of 1987. (15) It is humbly submitted that in the aforesaid matter the Hon. Division Bench Coram : Mr. R. A. Mehta and Mr. A. N. Divecha were pleased to pass an order to the following effect :- "rule Returnable on 24th June, 1991. " (16) It is further humbly submitted that since the learned Advocate engaged by the applicant informed the petitioner that the final hearing of the aforesaid contempt application takes at least 5-6 years in the High Court, the applicant having reposed faith in the said Advocate, having given the entire required papers and the professional fees and expenses, went away with the hope that case of the petitioner will be taken care by the said Advocate and whenever the applicant was occasionally, i. e. , once in six months or so, contacting the learned Advocate engaged by the applicant over telephone, she was told that the application is still pending and that the same would take some more time. Similarly, whenever the husband of the applicant who also used to come to Ahmedabad for some other work tried to contact the learned Advocate of the applicant so as to verify the status of the matter, he too was promised that the matter is pending awaiting final hearing and the final hearing would take place as and when the turn of the cases of 1990 comes. The applicant states that as aforesaid the applicants husband also satisfied that the matter must be pending and that the final hearing would take couple of years more and with that satisfaction, the applicant did not make further detailed enquiry. (17) The applicant further humbly submits that in the year 1994, the applicant enquired with the Advocate on the status of the contempt proceedings filed by the applicant since the management is harassing the applicant despite an order in favour of the applicant and the learned Advocate representing the applicant informed that the matter is still pending and the same would be heard in its turn and that the applicant may not have to go on troubling the Advocate. (24) It is further humbly submitted that so far as the above-referred contempt application filed before this Honble High Court is concerned, at every time when the applicant had enquired the learned Advocate, the applicant was given evasive replies and was informed that the same is pending and would be heard for final hearing. It is further submitted that the applicant when tried to personally know the status
































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