AIR 2003 SUPREME COURT 175 ::2002 AIR SCW 4609 ::(2003) 1 Orissa LR 210 ::(2003) 1 WLC(SC)CVL 403 ::2003 (1) UJ (SC) 128 ::(2003) 1 CivLJ 618 ::2003 (1) SCC 102 ::2003 SCC(Cri) 155 ::(2002) 8 Scale 401 ::2003 (1) AndhLT(Cri) 111 SC ::(2002) 5 All WC 4292 ::(2002) 5 All WC 3572 ::2003 (1) ESC 1 ::(2003) 1 AndhLD 71 ::(2003) 1 JCR 176 (SC) ::2003 (24) OCR 705 ::(2003) 4 Pat LJR 55 ::2003 (1) SCT 144 ::2003 (1) UC 149 ::2002 (4) LRI 903 ::(2003) 1 UPLBEC 121 ::2002 (7) SLT 47 ::2002 (8) Supreme 198 ::2003 (1) BLJ 350 ::(2003) 2 AllIndCas 386 (SC) ::2003 (2) AllIndCas 386 ::(2002) 9 JT 360 (SC) ::2002 (9) JT 360 ::2002 (10) SRJ 446

Supreme Court Of India

Hon'ble Judge(s): V. N. Khare, Ashok Bhan , JJ

(A) Advocates Act (25 of 1961) , S.38— Appeal - "Person aggrieved"- State Bar Council of India being prosecutor can be a person aggrieved - Appeal against order of Disciplinary Committee by State Bar Council, is maintainable. The role of the Bar Council is of dual capacity, one as the prosecutor through its Executive Committee and the other quasi-judicial performed through its Disciplinary Committee. Being the prosecutor the State Bar Council would be an "aggrieved person" and, therefore, the appeal under S. 38 of the Advocates Act, 1961 would be maintainable on its behalf.(Para 7) (B) Advocates Act (25 of 1961) , S.38— Professional misconduct - Misappropriation of client's money is an act of grave misconduct - Excuse that delinquent Advocate did not make payment to de facto complainant as he had utilised money for personal need for treatment - Not entertainable being frivolous and unsustainable - Moreso, when it was neither pleaded nor shown that delinquent @page-SC176Advocate was in dire financial crisis - Removal of his name from roll of Bar Council - Appropriate punishment. Misappropriation of client's money is an act of grave professional misconduct. It is sad that the Disciplinary Committee of the Bar Council of India, wh....