AIR 2002 KARNATAKA 410 ::2002 AIR - Kant. H. C. R. 2233 ::(2002) ILR (Kant) (3) 3918 ::2003 (4) KantLJ 219

Karnataka High Court

Hon'ble Judge(s): H. L. Dattu , J

Advocates Act (25 of 1961) , S.35— Professional misconduct - Reason of State Bar Council to believe that Advocate is guilty of professional misconduct - Complaint alleging that due to @page-Kant411Advocate's non-appearance and not bringing LR's on record petition filed by father of complainant get dismissed - Bar Council firstly considered complaint lodged; explanation offered by delinquent Advocate and observations made by Court disposing petition - On being prima facie satisfied that Advocate is guilty of professional misconduct, State Bar council passed order referring complaint to disciplinary committee for enquiry - Initiation of enquiry proceedings by Bar council not illegal, invalid or arbitrary.Words and phrases - "Reason", "Believe" - Reason to Believe". The expression 'reason to believe' occurring in S. 35(1) is a combination of two words, 'reason' and 'to believe'. The word 'reason' means cause or justification and the word 'believe' means to accept as true or faith in it. In other words, it means coming to a conclusion on the basis of the information that a thing, condition, statement or fact exists. In the other words, it only means facts, which prima facie will convince any reasonable person under the circumstances of the case to form a belief that will impel him to take action under law. Therefore, undoubtedly, before the Bar co....