VidhiSangh

Supreme Court of India · 11/12/2017

KAUSHAL KISHORE AWASTHI versus BALWANT SINGH THAKUR & ANR.

[2017] 14 S.C.R. 493 · 2017 INSC 1211

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Summary

An advocate objected as an alleged creditor to a former client’s private property sale years after their litigation ended. The Court held that the cited professional rule concerned purchases in execution proceedings and did not cover this transaction. On the complaint as framed, disciplinary proceedings and suspension were unsustainable.

Issues

  1. Whether a creditor’s objection to the former client’s later private sale constituted misconduct under the professional rule invoked.

Provisions considered

Held

Result

Appeal allowed; impugned Bar Council of India orders affirming misconduct and imposing the reduced suspension and costs set aside.

Judgment PDF: Supreme Court of India, [2017] 14 S.C.R. 493.