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Supreme Court of India 2017-12-11 allowed

Kaushal Kishore Awasthi vs Balwant Singh Thakur & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

An advocate was suspended for one year by the Bar Council of India for objecting to the registration of a sale deed, allegedly to recover money he had lent to the seller. The Supreme Court allowed his appeal. The Court held that Rule 22 of the Standards of Professional Conduct restricts advocates only from bidding for or purchasing property sold in execution of court decrees in cases where they were professionally engaged. Since the property sale here was a private transaction unrelated to any legal proceedings, and the advocate was not acting in his professional capacity, his objection could not constitute professional misconduct. The disciplinary proceedings were set aside as improper and without jurisdiction.

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Professional Conduct of Advocates Disciplinary Law Bar Council of India Advocates Act, 1961

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