1983 (7) TMI 333

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.... Section 35(c) of the Act. 2. Nothing should be done by any member of the legal fraternity which might tend to lessen in any degree the confidence of the public in the fidelity, honesty and integrity of the profession. The State Bar Council gave the appellant the benefit of doubt on the first charge that he changed sides in a criminal case, holding that though such conduct on his part was unprofessional, it was not tantamount to professional misconduct. The Disciplinary Committee of the Bar Council of India rightly observes that it failed to appreciate the distinction drawn by the Slate Bar Council as his act in accepting the brief for the accused after having appeared for the complainant was clearly contrary to r. 33 of the Bar Council ....

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....nt his client from resorting to sharp and unfair practices etc. There is a long catena of decisions laying down that offering of bribe or giving bribe or taking money from the client for the purpose of giving bribe amounts to grave professional misconduct. 3. It appears that the complainant Bhaniya and his wife Smt. Galki were assaulted as a result of which they received head injuries. Both of them were examined by Dr. Raman Varma and he referred them to a Radiologist. Dr. Mangal Sharma, Radiologist sent a report to the Station House Officer that he found nothing abnormal in the X-ray plate of the complainant Bhaniya but from the X-ray plate of Smt. Galki he suspected a fracture of the skull and suggested that he should refer the matter ....

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....e do his work and it should be done positively in his Favor" relate to the publication of the advertisement as desired by Mahipal. The defence plea was that Dr. Lodha had taken the X-ray plate of one of his relations who was suffering from tuberculosis. The Disciplinary Committee of the Bar council of India has upheld the finding of the State Bar Council disbelieving the defence version. The explanation of Mahipal is that he had lost the letter. On the contrary, the version of the complainant is that he had taken the letter to Dr. Sharma who after reading it returned the same to him. The fact remains that the incriminating letter has been produced by the complainant. This completely falsifies the plea taken by the appellant in his defence t....