Supreme Court of India · 1988-09-29
AN ADVOCATE vs B.B. HARADARA & ORS.
- Citation / case number
- SC 1987/71186
- Court
- Supreme Court of India
- Petitioner
- AN ADVOCATE
- Respondent
- B.B. HARADARA & ORS.
- Author
- M.P. THAKKAR
- Bench
- M.P. THAKKAR
Judgment text excerpt
The Supreme Court addressed the standards of proof for professional misconduct under Section 38 of the Advocate’s Act and the procedural requirements under Section 35 for inquiries by the Bar Council. The Court held that the absence of specific charges against the appellant constituted a violation of due process, leading to the conclusion that the inquiry was flawed. Consequently, the Court quashed the disciplinary action taken against the appellant, emphasizing the necessity of clear allegations in professional misconduct cases.