2007 (7) TMI 141

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....Act. The petitioner submits that as the lawyer appearing for some delinquents in proceedings under Section 124 of the Customs Act before the 2nd respondent, he filed an argument note in that proceedings. Apparently, based on the said argument note a show cause notice has been issued to the 3rd respondent in which proceedings have been initiated. The 3rd respondent wanted to cross examine the petit....

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....st appellant should have been allowed to examine both these persons in the interests of justice, since their testimony would have a material bearing on the case" to the extent it refers to the petitioner. (ii) To issue a writ of certiorari or any other appropriate writ order or direction quashing Ext. P3 summons issued by the 1st respondent to the petitioner. (iii) To declare that the petiti....

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....may be passed in accordance with law. The 3rd respondent now submits that since the show cause notice was issued to him based on the argument notes of the petitioner, he is entitled to cross examine the petitioner. 3. After hearing both sides, I am of opinion that an Advocate appearing in a case cannot be forced to give evidence in respect of his actions as an Advocate on behalf of a client. Wh....