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PETITIONER: M. Y. SHAREEF AND ANOTHER
Vs.
RESPONDENT: THE HON’BLE JUDGES OF THE HIGH COURTOF NAGPUR AND OTHERS.
DATE OF JUDGMENT: 15/10/1954
BENCH: MAHAJAN, MEHAR CHAND (CJ) BENCH: MAHAJAN, MEHAR CHAND (CJ) DAS, SUDHI RANJAN HASAN, GHULAM BHAGWATI, NATWARLAL H. JAGANNADHADAS, B.
CITATION: 1955 AIR 19 1955 SCR (1) 757 CITATOR INFO : F 1962 SC1089 (9) RF 1991 SC1834 (12)
ACT: Contempt of Court-Advocate signing application or pleading which scandalizes the Court-Advocate’s obligations to the Court and duty to the client-Plea of justification or in the alternative apology -When permissible.
HEADNOTE: A section of the Bar seems to be labouring under an erroneous impression that when an advocate is acting in the interests of his client or in accordance with his instructions he is discharging his legitimate duty towards him even when he signs an application or a pleading which contains matter scandalizing the Court and that when there is conflict between his obligations to the Court and his duty to the client, the later prevails. It should be widely made known that an advocate who signs an application or pleading containing matter scandalizing the Court which tends to prevent or delay the course of justice is himself guilty of contempt of Court unless he reasonably satisfies himself about the prima fac...