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PETITIONER: MANAK LAL
Vs.
RESPONDENT: DR. PREM CHAND
DATE OF JUDGMENT: 06/02/1957
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. AIYYAR, T.L. VENKATARAMA DAS, S.K.
CITATION: 1957 AIR 425 1957 SCR 575
ACT: Tribunal-Member having bias against Party-Whether tribunal improperly constituted-Waiver-What amounts to-Effect of waiver--Failure to examine a witness-Witness no better than accomplice-Effect-Professional misconduct by advocate- Measure of punishment.
HEADNOTE: P filed a complaint of professional misconduct against M, an advocate of the High Court of Rajasthan. The Chief justice appointed a tribunal under the Bar Councils Act for enquiry into the complaint. C, a senior advocate, was appointed chairman of the tribunal. C had appeared once for P before the trial Court in the case out of which the complaint arose. No objection was raised as to its constitution before- the tribunal. The tribunal found M guilty of having got a false stay order in favour of his clients written by the clerk of the Court by improper means. The High Court concurred in this finding and directed the removal of M’s name from the rolls. It was contended on behalf of M that the tribunal was not properly constituted. Held, that the constitution of the tribunal suffered from a serious infirmity in that C was appointed its member and acted as its chairman. ...