M.KARPAGAVINAYAGAM, M.Y.EQBAL, AMARESHWAR SAHAY, R.K.MERATHIA, N.N.TIWARI
COURT ON ITS OWN MOTION – Appellant
Versus
K. K. JHA – Respondent
M. KARPAGA VINAYAGAM, C. J.
( 1 ) THE history leading to the initiation of the contempt proceedings against K. K. Jha kamal a lawyer practicing in this Court as well as against his client Ashok Kumar Gupta, the contemners is a checkered one. The details are as follows :-
(a) A title suit was filed by the respondent 3 against Ashok Kumar Gupta, the second contemner, the Secretary, Tanzeem-e-Sufia. in the year 1983. Ultimately, this suit was decreed. The said decree was put in execution in execution Case No. 12 of 1984 in the Court of Sub Judge-I, Giridih
,(b) One Ram Lakhan Prasad, an advocate, respondent 2 continued to appear on behalf of the decree-holders. An objection was raised in execution petition on behalf of the said Ashok Kumar Gupta, Secretary that the entire decree and the orders passed in Execution Proceeding was a nullity, because the said Shri Ram Lakhan Prasad did not file any vakalatnama before pleading the case on behalf of the respondent-decree holders.
(c) The said objection was disallowed by the Sub Judge I, Girisih and ultimately final order was passed to proceed with the execution.
(d) Challenging this order, Ashok Kumar gupta, the Secretary defendant
REFERRED TO : Bar Council of India v. Court of Kerala
Relied on : Harish Uppal v. Union of India
REFERRED TO : Radha Mohan Lal v. Rajasthan Court (Jaipur Bench)
Relied on : Supreme Court Bar Association v. Union of India and another
REFERRED TO : Ajay Kumar Pandeys case
Pritam Pal v. Court of Madhya Pradesh
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