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1957 Supreme(All) 279

O. H. MOOTHAM, A. P. SRIVASTAVA
BRAHMA DIN – Appellant
Versus
CHANDRA SHEKHAR SHUKLA – Respondent


Advocates Appeared:
V.V.Gupta

O. H. MOOTHAM, CJ.

( 1 ) THIS is a reference made by the District Judge of Kanpur concerning the conduct of a Vakil practising in his court. The facts which are not in dispute, are these:

( 2 ) IN the year 1945 the Development Board, Kanpur, acquired certain premises belonging to two persons, Branhmadin and his brother Suraj Prasad, and a sum of Rs. 6,292/2/ was deposited with the District Judge for payment to them as compensation. Brahmadin and Suraj Prasad raised a dispute as to the amount of compensation and also sought to obtain the release of their premises. Their claims were rejected and in 1954 the premises were demolished. Thereafter they applied for payment to them of the aforesaid sum of Rs. 6, 292/2/ only to be informed that this amount had been withdrawn on behalf of Brahma Din by the Vakil in question in the year 1948.

( 3 ) WHAT happened in 1948 was that a person, who admittedly was not Brahma Din, approached the Vakil, and after informing him that he was Brahma Din and that both his brother Suraj prasad and his brothers wife were dead, asked the Vakil to act on his behalf and to withdraw the money then on deposit with the District Judge. The Vakil prepared an applicat








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