Supreme Court · 2000 INSC 409 · Decided 22 August 2000
R.D.SAXENA v. Balram Prasad Sharma
- Court
- Supreme Court of India
- Citation
- 2000 INSC 409 · [2000] SUPP. 2 S.C.R. 598
- Case number
- CIVIL APPEAL No. 1938/2000
- Decided
- 22 August 2000
- Bench
- K.T. THOMAS, R.P. SETHI (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC Section 3; Constitution Article 22; Contract Act Section 148, 171
Headnote
Advocates Act, 1961-Section 35-Professional misconduct-Case file of client withheld by Advocate for non-payment of fees-Bar Council debarred him from practice for 18 months and imposed fine of Rs. 1000-Considering C it to be a professional misconduct-On appeal-Held, case.files cannot be equated of an Advocate for his remuneration-Such a practice can never be permitted-However, an Advo­ cate may adopt alternate legal remedies to recover his fees-It is not only a D E F legal duty but it is also morally imperative to return the case file as a litigant is free to engage any
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