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2015 (4) TMI 1229
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.... directed against the judgment and order passed by the High Court in Writ Petition No. 7546 of 2005 and connected matters, dated 25.11.2010 and in Review Petition No. 138 of 2010 and connected matters, dated 12.10.2012. By the impugned judgment and order in the Writ Petition, the High Court has affirmed the orders passed by the Courts/authorities below and, on the basis of a concession made by the counsel appearing on behalf of the Appellant, issued certain directions to the Appellant. 3. For convenience, we would only notice the facts in Civil Appeals arising out of S.L.P.(C) Nos. 9302-9303 of 2013. 4. The Appellant is a co-operative society registered under the provisions of the Delhi Cooperative Societies Act, 1972 (for short, "the Act"). The Appellant-Society comprised of 150 members, including the Respondents, who had enrolled themselves with the said Society for allotment of residential quarters/apartments. The Appellant-Society raised a demand for payment towards allotment of residential quarters/apartments on 28.05.1998. The Respondents failed to comply with the demand. They continued to be defaulters in spite of continuous demand notices. In view of the default in pa....
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....g the contentions raised in the Writ Petition has come to the conclusion that the Registrar and the revisional authority have not committed any error in arriving at their respective conclusions and have rightly confirmed the resolution expelling the Respondents from the membership of Appellant-Society. The Writ Court has observed that the Respondents have not made out a case for interference with the orders of the authorities below. However, on a request made by the Respondents seeking issuance of direction to the Appellant-Society for consideration of their request to construct and allot the additional quarters/apartments to them, the same being agreeable to by the learned Counsel appearing for the Appellant-Society, the Court has issued certain directions to the Appellant-Society for construction of additional quarters/apartments and their allotment to the Respondents, by judgment and order dated 25.11.2010. 9. Being of the firm view, that, the Appellant-Society had not authorized the learned Counsel who had appeared for them before the Writ Court to make any concession in favour of the Respondents had preferred Review Petitions against the aforesaid common judgment and order ....
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.... but only Under Article 226 of the Constitution of India and therefore, such directions could be issued and have been rightly issued by the Writ Court. Shri Ahmadi, would submit that since, the Appellant-Society in the affidavit filed before this Court has stated that certain apartments are still lying vacant, the same may be allotted to the Respondents in the interest of justice. Further, Shri Ahmadi would support the directions issued by the Writ Court and submit that the counsel who had appeared for the Appellant-Society had not only given his consent for the same before the Writ Court but also not disputed the same in the Review Petition preferred by the Appellant-Society and therefore, the Appellant-Society now cannot resile from the concession made by its counsel before the Writ Court. 15. The issues that would arise for consideration and decision are: (a) What is the jurisdiction of the Court while dealing with a petition filed Under Articles 226 and 227 of the Constitution of India? (b) whether the counsel appearing for an Appellant-Society could make concession for or on behalf of the Appellant-Society without any express instructions/authorisation in ....
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....t the Writ of Certiorari Under Article 226 though directed against the orders of a inferior court would be distinct and separate from the challenge to an order of an inferior court Under Article 227 of the Constitution. The supervisory jurisdiction comes into play in the latter case and it is only when the scope and ambit of the remedy sought for does not fall in purview of the scope of supervisory jurisdiction Under Article 227, the jurisdiction of the Court Under Article 226 could be invoked. 18. In the present case, what was challenged by the members of the Society was an order passed by the Registrar and the Revisional Authority under the provisions of the Act and the Rules framed thereunder. The prayer was to set aside the orders passed by the authorities below. Even if the said petitions(s) were styled as a petition Under Article 226, the content and the prayers thereunder being ones requiring exercise of supervisory jurisdiction only, could be treated as petitions filed Under Article 227 of the Constitution only. 19. Having said so, we will now consider the issues that falls for our consideration and decision in the present appeals. 20. In the present case, the subj....
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....zed to make such a statement by the Appellant-Society or whether any such resolution has been passed by the Appellant-Society giving concession in matters of this nature. Since the required caution was not exercised by the learned Judges of the Writ Court, the directions issued by the Writ Court suffer from infirmity and hence require to be set aside. 23. Apart from the above, in our view lawyers are perceived to be their client's agents. The law of agency may not strictly apply to the client-lawyer's relationship as lawyers or agents, lawyers have certain authority and certain duties. Because lawyers are also fiduciaries, their duties will sometimes more demanding than those imposed on other agents. The authority-agency status affords the lawyers to act for the client on the subject matter of the retainer. One of the most basic principles of the lawyer-client relationships is that lawyers owe fiduciary duties to their clients. As part of those duties, lawyers assume all the traditional duties that agents owe their principals and, thus, have to respect the client's autonomy to make decisions at a minimum, as to the objectives of the representation. Thus, according to....
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....s professional capacity. 26. Section II of the said Chapter II provides for duties of an advocate towards his client. Rules 15 and 19 of the BCI Rules, has relevance to the subject matter and therefore, they are extracted below: 15. It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other. He shall defend a person accused of a crime regardless of his personal opinion as to the guilt of the accused, bearing in mind that his loyalty is to the law which requires that no man should be convicted without adequate evidence. *** *** *** 19. An advocate shall not act on the instructions of any person other than his client or his authorised agent. 27. While Rule 15 mandates that the advocate must uphold the interest of his clients by fair and honourable means without regard to any unpleasant consequences to himself or any other. Rule 19 prescribes that an advocate shall only act on the instructions of his client or his authorized agent. Further, The BCI Rules in Chapter I of the said Section II provide that the S....
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....fficer. Otherwise it would place undue and needless heavy burden on the public exchequer. But the same yardstick cannot be applied when the Advocate General has made a statement across the bar since the Advocate General makes the statement with all responsibility. (See: Joginder Singh Wasu v. State of Punjab 1994 SCC (1) 184). 31. The Privy Council in the case of Sourendra Nath Mitra v. Tarubala Dasi AIR 1930 PC 158 has made the following two observations which hold relevance to the present discussion: Two observations may be added. First, the implied authority of counsel is not an appendage of office, a dignity added by the Courts to the status of barrister or advocate at law. It is implied in the interests of the client, to give the fullest beneficial effect to his employment of the advocate. Secondly, the implied authority can always be countermanded by the express directions of the client. No advocate has actual authority to settle a case against the express instructions of his client. If he considers such express instructions contrary to the interests of his client, his remedy is to return his brief. (See: Jamilabai Abdul Kadar v. Shankarlal Gulab....