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september 1988

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.

AN ADVOCATE vs B.B. HARADARA & ORS. · Niyam