Lawyer Suppressing Material Fact in a Case to Obtain Favorable Order- Supreme Court Warns of Stern Action

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November 22, 2018

In the case, the Supreme Court Bench expressed disconcert on Advocate’s act of suppressing material fact in the case while obtaining an order from the Court. The Apex Court in the case has warned that such unbecoming conduct of an advocate who appears before this Court, will be sternly dealt.

Case name: Shashikant Ganpat Jogal Rabin Majumder v. The State of Maharashtra & Ors.

In the case, one Advocate namely, Shri Mathews Nedumpara appearing for the Petitioner had suppressed a material fact when he appeared before the Court. The Advocate had concealed order passed by the Court on 22nd October, 2018, whereby the Counsel Court had granted him a period of one week from 22nd October, 2018 to make the necessary payment in the case. According to the order if the payment was not made within the stipulated time then the special leave petition would be dismissed.

The Court noted that no such payment was made within the stipulated period and hence the petition stood dismissed. Further the Court noted that the Advocate on 14th November mentioned the matter before the Court without informing us that the S.L.P. had already stood dismissed without reference to this Court on account of non-payment.

The Court condemned the Advocate’s act whereby by suppressing the order dated 22nd October, 2018, he obtained an order for further listing in the case.

While expressing a disconcert in the matter, the Court opined that as a counsel appearing before the Court, it was the primary duty of the Advocate to disclose all material facts to the Court before obtaining any order from the Court.

The Court additionally directed that such unbecoming conduct of an advocate who appears before this Court, will be sternly dealt with should any future incident of a like nature arise before this Court.

The entire case can be accessed here.