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Supreme Court of India 2017-07-26 allowed

Rajiv Dawar vs High Court of Delhi

Bench: 2 — Kurian

In Brief

An advocate was convicted of contempt of court and suspended from practice for two months for allegedly charging exorbitant fees (Rs. 7.05 lacs) and withdrawing from a criminal case without adequate assistance. The Supreme Court set aside the conviction, holding that the contemnor was denied procedural fairness—he was not given the opportunity to adduce evidence or cross-examine the complainant. The Court held that contempt convictions cannot rest on unilateral allegations alone; the accused must have a full hearing. Since the Bar Council had already absolved him regarding disciplinary issues and ordered only partial refund, the criminal conviction lacked legal foundation.

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Contempt of Court Professional Misconduct Legal Ethics Procedural Justice Advocate Regulation Bar Council Discipline Constitutional Law

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