AIR 1994 SUPREME COURT 975 ::1994 AIR SCW 1113 ::1995 SCFBRC 111 ::1994 (1) UJ (SC) 160 ::1994 UJ(SC) 1 160 ::(1994) 53 DLT 229 ::1994 (1) CurCriR 22 ::1994 (2) SCC 64 ::1994 (3) SCJ 7 ::1994 (1) APLJ 83 ::1993 ( ) JT (Supp) 327

Supreme Court Of India

Hon'ble Judge(s): S. Ratnavel Pandian, P. B. Sawant , JJ

Advocates Act (25 of 1961) , S.35— Professional misconduct - Proof - Onus lies on complainant - Will kept in custody of lawyer - Failure to return in spite of demands by testatrix, her new lawyer and person holding power of attorney - Lawyer is guilty of professional misconduct. Professional misconduct - Proof - Onus lies on complainant. In a disciplinary proceeding for professional misconduct, the rule is that the charging party has the burden of proving the charge of misconduct of the respondent. Where a Will of a testatrix was kept by her in custody of her lawyer and even on demands made first by her, then by her new lawyer and by a person holding power of attorney from her, it was not returned, he was guilty of professional misconduct. The conduct of the lawyer in not returning the Will even on demand was unworthy of and advocate belonging to a noble profession. He had no right to withhold the Will. On the other hand, he was bound in duty to return the Will when demanded because the instrument was entrusted to his custody by the testatrix only on trust. He committed professional misconduct and was liable under S. 35. (He was suspended from practice for a period of one year).(Para 21 22) .....