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Advocate debarred from practice for committing professional misconduct
7/8/2007 1:00:52 AM
JAMMU, JULY 7
For the first time in the history of J&K Judiciary, the High Court today debarred from practice for committing professional misconduct.
Justice Nirmal Singh of Jammu & Kashmir High Court, Chairman Disciplinary Committee, after conducting enquiry in the allegations against Advocate Karanbir Singh proved the allegation of professional misconduct debarred the said advocate from practice in any Court of the country as well as the state for a period of five years.
This order has been passed in complaint filed by Ram Kour widow of Jodh Singh r/o Exchange Road Jammu filed a petition in 1998 which was disposed of by this Court on July 17, 1998. Lochan Singh who was respondent No 5 in the said petition filed LPA against the order of Single Judge along with an application seeking condonation delay in filling LPA of 307 days. Division Bench of this Court vides order dated February 28, 2000 allowed the said application and condoned the delay in filling LPA. In the said application Karanbir Singh Advocate, appeared on behalf complainant but did not oppose the application. The complainant made a complaint to the Chief Justice of state High Court alleging that she did not know Karanbir Singh Advocate and nor she had engaged him to appear on her behalf. It was stated by her in the complaint that the Vakalatnama which has presented in the Court by advocate Karanbir Singh has been signed by someone else to play fraud with the complainant. On this complaint Chief Justice entrusted the complaint to Registrar (Vigilance) who conducted a preliminary enquiry into the matter and prima facie established the guilty against the advocate..
Justice Nirmal Singh while debarring the Advocate from practice further observed that the said advocate has appeared on behalf of complainant in the CMP before the LPA bench whereas he was never engaged by the complainant. Due to this act on the part of said advocate the delay of 307 days has been condoned and the LPA filed by the Lochan Singh has been accepted and the order passed in favour of complainant by the Single Judge has been set-aside. During the course of enquiry it was revealed that due to the said act of the Advocate Karanbir Singh, the complainant who is an old lady has been put to a loss of lakhs of rupees and a fraud has been committed upon her. In case Karanbir Singh advocate has not put in appearance, the delay would not have been condoned and the LPA would have been dismissed. The said act on the part of said advocate has not only brought disrepute to the noble profession but has also has made a litigant to suffer a lot. Taking into consideration the seriousness of the case and professional misconduct on the part of the Adv Karanbir Singh, he is debarred from practice in any Court of the country as well as the state for a period of five years, Justice Singh ordered.
Additional Advocate General SC Gupta assisted the Court in this case.
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