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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Jayna Kothari D/o Pankaj L. Kothari – Appellant
Versus
Manish Kumar – Respondent
| Table of Content |
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| 1. background of the complaint. (Para 2) |
ORDER :
1. The petitioner, a practicing Advocate, is at the doors of this Court seeking the following prayers:
“A. Issue a writ of prohibition or other appropriate writ, order or direction prohibiting the Respondent No.2 from proceeding with complaint bearing No. 109/2019 (now numbered as D.C.E. No. 66/2022) filed by the Respondent No.1 herein against the Petitioner before the Respondent No.2 Karnataka State Bar Council, produced herein as ANNEXURE-H.
B. Issue a Writ of certiorari, or any other appropriate writ, order or direction quashing the complaint bearing No. 109 / 2019 now numbered as D.C.E. No. 66/2022, filed by the Respondent No.1 herein against the Petitioner before the Respondent No.2 Karnataka State Bar Council, produced herein as ANNEXURE-H.
C. Issue a Writ of certiorari, or any other appropriate writ, order or direction quashing the notice dated 17.7.2022 issued by the Respondent No.2 KSBC, in complaint bearing No. 109/2019 now numbered as D.C.E. No. 66/2022 produced herein as ANNEXURE-R.
D. Grant any other relief/s which this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justi
An external member of an Internal Complaints Committee does not constitute a client-advocate relationship; therefore, allegations of professional misconduct under the Advocates Act are unfounded.
Only parties with a direct legal relationship with an advocate can file complaints of professional misconduct against them under Section 35 of the Advocates Act, 1961.
The Bar Council can initiate disciplinary action based on a reasonable belief of wrongdoing or a formal complaint without infringing on an advocate's rights until a final order is made.
(1) Professional misconduct by Advocate – Ordinarily, existence of a jural relationship between complainant and Advocate concerned is a precondition for invocation of disciplinary jurisdiction on the....
The court reaffirmed that the authority to question the representation of a society lies within civil proceedings, and recurrent petitions that reiterate previously dismissed issues constitute misuse....
Professional misconduct by Advocate – Disposal of a complaint received by State Bar Council under Section 35 within a period of one year from date of receipt of such complaint is mandatory.
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