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Supreme Court of India 2017-07-26 allowed

Rajiv Dawar vs High Court of Delhi

Bench: 2 — Kurian

In Brief

A lawyer was convicted of contempt of court for allegedly charging excessive fees (Rs. 7.05 lakhs) without providing adequate assistance and withdrawing from a case. The Supreme Court set aside the conviction, finding that the contempt proceedings violated procedural fairness: the lawyer was denied the opportunity to cross-examine the complainant or adduce evidence in his defence. The Court held that contempt convictions cannot rest on unilateral allegations alone and must follow due process. Since the Bar Council had absolved the lawyer and he had complied with a refund order (Rs. 4 lakhs), the conviction and two-month suspension were set aside.

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Contempt of Court Professional Conduct Lawyer and Client Natural Justice Procedural Fairness Constitutional Law

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