Prahlad Saran Gupta Vs. Bar Council of India (1997) (Professional MIsconduct)

Matter- Withholding of amount 

                The appellant Pralhad Saran Gupta was a practicing lawyer at Ghaziabad of UP. He was appearing for the decree-holder in a case in the court of civil judge, Ghaziabad.
A complaint was received by the U.P. State Bar Council from Rajendra Prasad alleging  him withholding of Rs 1500/- without paying the decree-holder and with other allegations.

           The Bar Council referred the case to it's disciplinary committee  but it could not complete the proceedings within one year and the same was transferred to the Bar Council of India .

                The disciplinary committee of Bar Council of India did not find merit in the allegation in the complaint that the appellant was grossly careless in handling the execution case. however , the committee found the appellant guilty of gross professional misconduct regarding withholding RS. 1500/- and imposed the punishment of suspension from practice for a period of one year .

           The appellate appealed the case to the Supreme Court. The Supreme Court found one  charge against the appellant  established and that was withholding rs.1500/- rupees which was handed over to him.  The Court imposed the penalty of reprimand on the appellant said misconduct of wrongfully retaining the amount.


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