VISHVA SHAKTI PARTY: MAIN AGENDA ## By Prasoon Kumar Mishra, Founder & ...

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L.C.Goyal vs. Nawal Kishore (1997) 11 SCC 258.

                                Date of Judgement: 09.01.1997.                 (Issue of Bogus Cash Receipt by A.O.R. to the Client (Court-fee)                                                        ORDER   This appeal filed under Section 38 of the Advocates Act, 1961 is directed against the Order of Disciplinary Committee of the Bar Council of India dated 24.6.1983 whereby  the appellant has been suspended from practice for a period of six months.   1.   FACT OF THE CASE:-          The  appellant  was practicing as  an   Advocate-an-Record in this Court.  He  was engaged by one Nawal Kishore (the complainant )  to fil...
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T.C.Mathai & Anr. Vs. The District & Sessions Judge, Thiruvananthapuram, Kerala (1999) 3SCC 614. Date of Judgement: 31.03.1999.

                        FACTS OF THE CASE: The appellant claims to be the power-of-attorney holder of a couple (husband and wife) living in Kuwait.   He sought permission of the Sessions Court, Trivandrum to appear and plead on behalf of the said couple who are arrayed as respondents in a criminal revision petition filed before the said Sessions.    Session Court:- Permission was declined, as the request for such permission did not emanate from the respondent-couple themselves. There upon appellant moved the High Court of   Kerala under Article 226 of the Constitution for issuance of a direction to the Sessions Judge concerned to grant the permission sought for.   Single Judge of the High Court:- dismissed the Original Petition against which appellant filed a writ appeal.   Division Bench of the High Co...
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RD Saxena Vs Balram Prasad (AIR 2000 SC 2912)

(Whether the advocate can have a lien on the litigation papers entrusted to him by his clients for pending fees?) FACT OF THE CASE:- The appellant was appointed as a legal advisor to the  Madhya Pradesh State Co-operative Bank Ltd.  (herein referred to as  ‘Bank’ ) in 1990. He used to conduct cases on behalf of the said bank. Subsequently, on 17.7.1993 the bank terminated the retainers of the appellant; and requested him to return his files related to the bank. Instead of returning the files, he informed the bank that only after dues amounting to rupees 97,100/- were paid will he return the files. Hence, the Bank filed a complaint before the State Bar Council of Madhya Pradesh on 3.2.1994. BAR COUNCIL OF MADHYA PRADESH:-   wherein the appellant contended that he has a right of lien on those files; whereas the respondent contended that the appellant is guilty of professional misconduct by not returning the files to his client. Subsequently, the matter got transf...
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