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Supreme Court of India 2018-02-21 allowed

Advanta India Ltd vs B.N. Shivanna

Bench: 2 — A.K. Sikri

In Brief

An advocate defrauded a seed company of Rs 72 lakhs by fabricating non-existent criminal cases and forged High Court orders, inducing payments for fictitious court fees. The State Bar Council permanently debarred him; the Bar Council of India reduced the punishment to 18 months. On review, the BCI remitted the case, citing denial of cross-examination opportunity—a ground already rejected in the original appeal. The Supreme Court set aside the review order, holding the BCI had exceeded its review jurisdiction by revisiting authoritatively decided issues on identical grounds. The Court applied the maxim that a party cannot benefit from its own wrongdoing (dilatory tactics). The original order debarring for 18 months was revived, subject to outcome of a pending appeal on punishment adequacy.

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Professional Conduct Advocates Act Disciplinary Proceedings Review Jurisdiction Natural Justice Fraud Forgery

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