Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Courts have also held that advocates cannot appear in different courts simultaneously or seek adjournments in multiple proceedings on health grounds without valid reasons, as such conduct undermines judicial discipline ["Paras Jain, S/o. Late Sri. P. Bhawarlal Dhariwal VS Karnataka State Bar Council, Represented By Its Chairman - Karnataka"] ["ASSOCIATED ENGINIRING INDUSTRIES VS INDER MOHAN KOHLI - Delhi"].
Analysis and Conclusion:
References:- ["Tukaram Limbaji Londhe VS State of Maharashtra - Bombay"]- ["Gurudwara Prabhandak Committee vs Bhopal Garage And Service Station - Madhya Pradesh"]- ["ASHOK MITTAL VS RAKESH GUPTA & ORS - National Company Law Appellate Tribunal"]- ["Heera Lal Chhabra VS Nawal Kishore Agrawal - Allahabad"]- ["Kirshna Kumari VS State Of Bihar - Patna"]- ["M/s. Cheekatla Plolymers Pvt. Ltd vs S. SESHAGIRI RAO - Telangana"]- ["MS.JAYNA KOTHARI vs MANISH KUMAR - Karnataka"]- ["THE INDIGENOUS IN INDIA TRUST HEBRON GOLCONDA X ROADS vs BRO.Y.JOHN SUBBA REDDY AND 3 OTHERS - Telangana"]- ["MADHAVENDRA L BHATNAGAR VS BHAVNA LALL - Supreme Court"]- ["THE INDIGENOUS IN INDIA TRUST HEBRON GOLCONDA X ROADS vs BRO.Y.JOHN SUBBA REDDY AND 3 OTHERS - Telangana"]- ["Paras Jain, S/o. Late Sri. P. Bhawarlal Dhariwal VS Karnataka State Bar Council, Represented By Its Chairman - Karnataka"]- ["ASSOCIATED ENGINIRING INDUSTRIES VS INDER MOHAN KOHLI - Delhi"]
In the fast-paced world of legal practice, advocates often juggle multiple cases across courts. A common dilemma arises: what if an advocate files an adjournment application citing ill health in one court but appears in another on the same day? Does this constitute professional misconduct? This question—Advocate filing adjournment application on ground of ill health in one court and appearing in other court is professional mis conduct—strikes at the heart of professional ethics and court procedures.
This blog post delves into the legal nuances, drawing from key judgments and principles under the Code of Civil Procedure (CPC) and Bar Council rules. We'll examine when such actions are permissible and when they cross into misconduct territory. Note: This is general information based on case law and not specific legal advice. Consult a qualified lawyer for your situation.
Filing an adjournment on grounds of ill health and then appearing in another court does not per se amount to professional misconduct, provided the advocate acts in good faith, with transparency, and upholds ethical standards. However, if it's a deliberate tactic to delay proceedings or breaches duties to the court, it may lead to disciplinary action. GAYATHRI VS M. GIRISH - 2016 6 Supreme 99
Courts emphasize bona fide conduct. Genuine illness justifies adjournments, but misuse can tarnish an advocate's reputation and invite penalties from the Bar Council. Bashir Ahmad VS Mehmood Hussain Shah - 1995 0 Supreme(SC) 387
Advocates must maintain high standards of honesty, diligence, and responsibility. Here are core points:
Under Order 17 Rule 1 CPC, courts grant adjournments for sufficient cause, like health issues, ensuring fairness without undue delay. The advocate must show they couldn't engage substitute counsel timely, and the court verifies genuineness. Bashir Ahmad VS Mehmood Hussain Shah - 1995 0 Supreme(SC) 387
Ill health is a valid reason for adjournment. Courts recognize human limitations, especially in prolonged litigation. For instance, in a specific performance suit, the trial court allowed cross-examination via Advocate-Commissioner due to a witness's (aged 60) asthma and knee pain, noting such ailments are progressive. The High Court upheld this, stressing Order XXVI Rule 4 CPC accommodates such needs without prolonging cases unduly. Yarkareddy Anantha Reddy VS Durba Lakshmi Bhavani - 2016 Supreme(AP) 439 The nature of the ailments is such that they are progressive and not of such a nature that can be cured at one stroke.
Similarly, in probate proceedings, a defendant's new advocate sought adjournment for the defendant's medical unfitness to testify, highlighting courts' flexibility for health issues. IN THE GOODS OF ANIL KUMAR ROY (DECEASED) AND ANITA MUKHERJEE VS ALOKA GHOSH - 2014 Supreme(Cal) 464
The key is intent. If an advocate seeks adjournment bona fide—perhaps prioritizing urgent matters elsewhere—and appears in another court without mala fide delay tactics, it's generally acceptable. Order 17 Rule 1 CPC requires diligence, but doesn't prohibit multi-court practice if ethical. GAYATHRI VS M. GIRISH - 2016 6 Supreme 99
In transfer petitions, petitioners sought adjournment for their advocate's ill health, but courts scrutinized for prejudice. No misconduct was inferred absent bad faith. Bhagat Gopaldas Thakrani VS State of Maharashtra, through Secretary, Urban Development Department - 2014 Supreme(Bom) 847
Problems arise with mala fide intent. Repeated false claims or strategic delays abuse procedures. For example, one case deemed an advocate's conduct extremely reprehensible and prima facie professional misconduct for other unethical actions, underscoring accountability. Liladhar Baurasi VS Shivmohan Singh Parihar - 1992 Supreme(MP) 89 The conduct of Shri Babulal Pandya Advocate in the cases is to say the least extremely reprehensible. In the light of the case law discussed above his actions prima-facie amount to professional mis-conduct.
In contempt proceedings, an advocate's disparaging remarks and process abuse led to Bar Council disciplinary action. Courts directed scrutiny for misconduct beyond mere adjournments. Liladhar Baurasi VS Shivmohan Singh Parihar - 1992 Supreme(MP) 89
Another instance involved rejecting an adjournment for self-illness, with remarks on misconduct forwarded to authorities, stressing no disparaging comments without hearing but holding advocates accountable. Shyam Narain Tripathi VS State of M. P. - 2001 Supreme(MP) 869
Bar Council Rules and Supreme Court guidelines mandate integrity. Misuse invites suspension or censure. GAYATHRI VS M. GIRISH - 2016 6 Supreme 99
Judges enjoy protection under Section 3, Judges (Protection) Act, 1985, for judicial acts, but advocates must respect this. Abusive complaints amount to contempt. Liladhar Baurasi VS Shivmohan Singh Parihar - 1992 Supreme(MP) 89
To avoid pitfalls:
Courts should:
Bar Councils could frame clearer guidelines on adjournment ethics.
An advocate seeking adjournment for ill health while appearing elsewhere isn't inherently misconduct—good faith is pivotal. Courts balance fairness with efficiency, per CPC and ethics rules. However, abuse erodes trust and invites discipline.
Key Takeaways:- Bona fide health claims are protected. GAYATHRI VS M. GIRISH - 2016 6 Supreme 99- Intent matters: Delay tactics risk penalties.- Transparency builds credibility.
Stay ethical to safeguard your practice. For tailored advice, reach out to legal experts.
References:1. GAYATHRI VS M. GIRISH - 2016 6 Supreme 99: High Court on adjournments, conduct, ethics.2. Bashir Ahmad VS Mehmood Hussain Shah - 1995 0 Supreme(SC) 387: Diligence and procedural abuse.3. Liladhar Baurasi VS Shivmohan Singh Parihar - 1992 Supreme(MP) 89: Misconduct examples.4. Yarkareddy Anantha Reddy VS Durba Lakshmi Bhavani - 2016 Supreme(AP) 439: Health-based commissions.5. Others integrated as noted.
#AdvocateEthics, #ProfessionalMisconduct, #CourtAdjournment
It appears that on 23.10.2012 advocate Shri A.K. Lomate who is appearing for the accused made an application for adjournment on the ground that his uncle had expired and that, therefore he was not in a position to cross examine the witness. ... Next Time, the same learned advocate applied for an adjournment on the ground of his own ill-health condition. ... 6. I have carefully considered the matter. ... 7. ... He t....
The plaintiff is appearing regularly and for the last two occasions, the adjournment are being sought on the ground of ill health of the counsel for the petitioner and on 22.12.2021, an additional ground was also raised that the petitioner wants to file an application for transfer of the case, and therefore ... In this application, it was submitted that the primary reason for inability to cross-examine the plaintiff witnesses was the ill#HL....
They not only amount to the contempt of the court but do positive disservice to the litigants and create embarrassing situation in the court leading to avoidable unpleasantness and delay in the disposal of matters. This augurs ill for the health of our judicial system. ... In this Court number of restoration applications are piling up only for the reason that the counsel do not care to come to Court when the cases are called as if they have right to get an adjournment....
It was also observed that Advocate or pleader is punishable in his professional capacity for misconduct other than professional mis-conduct. ... 7. ... The conduct of Shri Babulal Pandya Advocate in the cases is to say the least extremely reprehensible. In the light of the case law discussed above his actions prima-facie amount to professional mis-conduct. ... The Additional Registrar is, therefore, directed to fil....
Any professional mis-conduct by an advocate has to be complained by persons who have the locus standi to complain against the said mis-conduct and the Bar Council of the State is a statutory authority empowered to enquire into any mis-conduct of an advocate and pass appropriate orders and a member of ... the Bar has no locus standi to complain about any other member of the bar in the realm of professional #HL_START....
Sukka and others), in which an application was made by the' present petitioner seeking adjournment on the ground of self-illness, which was rejected by the impugned order and certain remarks were also passed against the petitioner/Advocate. ... The Court, however proceeded further and has passed the remarks, quoted above, which relate to the conduct of the applicant alleged to be mis-conduct and further that copy of the order has been forwarded to th....
(d) where the illness of a pleader or his inability to conduct the case for any reason, other than his being engaged in another court, is put forward as a ground for adjournment, the court shall not grant the adjournment unless it is satisfied that the party applying for adjournment could not have engaged ... He further submitted that again case was listed on 8.1.2018, but defendant had filed adjournment application, which was accep....
Any professional mis-conduct by an advocate has to be complained by persons who have the locus standi to complain against the said mis- conduct and the Bar Council of the State is a statutory authority empowered to enquire into any mis-conduct of an advocate and ... pass appropriate orders and a member of the Bar has no locus standi to complain about any other member of the bar in the realm of professional #HL_STAR....
Learned Counsel for the Appellant submits that request was made before the Adjudicating Authority on the date for adjournment. Counsel for the Appellant has made that Ms. Rubina Khan Advocate was indisposed due to ill health of her infant daughter. ... Rubina Khan, Advocate was indisposed due to the ill health of her infant daughter, Adjudicating Authority dismissed the IA for non-prosecution. 2. ... made that the counsel appearing for the answering....
On 20.04.2022, the counsel for the appellant sought adjournment on the ground of ill health and again on 12.05.2022 counsel for the appellant sought adjournment on the ground of ill health. ... The Court has noted that on 21.09.2021, the counsel for the private respondents sought adjournment on the ground of ill health. ... after adjournment o....
12. On 06.09.2018, learned counsel for the petitioners sought adjournment on the said application on the ground of his ill health, and this Court directed the case to be listed in the next cause list peremptorily.
4. After filing the chief-affidavit and appearing in Court on 18-4-2016, D.W.1 filed application for examining her through Advocate-Commissioner at Hyderabad on the ground of ill health. It was accepted by the Trial Court and the plaintiff is before me.
Thereafter, there was a change in the learned Advocate appearing on behalf of the defendant. On July 16, 2014 when another adjournment was sought for on the same ground, I requested the defendant to adduce evidence on Commission in view of the fact that, she was expressing inability to attend Court for evidence. The new Advocate appearing for the defendant prayed for adjournment on the ground that the defendant was medically unfit to give evidence in Court.
Subsequently, again fresh summon was issued for her appearance before the Trial Court on 21-1-2014 on which date, as the petitioner was not feeling well, her husband who was also a Govt. Doctor had gone to the Court and moved an application about her ill health and sought for an adjournment. Subsequently, the case was adjourned for 10-2-2014 on which date again the petitioner appeared before the Court below but on account of the Presiding Judge being elevated, in spite of the petitioner being present before the Court, her evidence could not be recorded and the matter was ad....
Petitioner sought adjournment on the ground of ill-health of their Advocate. On 20.12.2013 petitioners filed an application seeking leave to produce proceedings of the meeting and for grant of adjournment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
