Lawstreet Journal

Speculating on the outcome on a pending appeal is ‘Bordering on Professional Misconduct’ : SC [READ ORDER]

Lawstreet Journal 28 Jan 2021 7:27pm

Image courtesy: Lawstreet Journal Judiciary Speculating on the outcome on a pending appeal is ‘Bordering on Professional Misconduct’ : SC [READ ORDER]

In an appeal case of Madhavendra L Bhatnagar v. Bhavna Lall, the top court has pulled up a lawyer who allegedly speculated about the outcome of a pending appeal before it, in an advice to his client. 

The three judge bench comprising of Justices AM Khanwilkar, BR Gavai and Krishna Murari directed the party to file an affidavit and disclose the name of the the said advocate from India and said:

Prima facie, this, in our opinion, is bordering on professional misconduct and needs to be proceeded with.”

 

BACKGROUND OF THE CASE:

The trial court dismissed an application filed by plaintiff, i.e. the husband seeking interim anti-suit injunction against his wife restraining her from initiating any proceedings for divorce against him in Superior Court of Arizona in Maricopa County. According to the appellant, the parties had never resided in Arizona. Both the parties are Hindu and were married under the Hindu law. The child was also born in California. 

When the matter went to the High Court at the instance of the appellant, even the High Court proceeded on an incorrect basis, that the courts in India could adjudicate the controversy between the parties, only after the Superior Court of Arizona would pass an order in the pending proceedings.

DECISION BY SUPREME COURT:

The plaintiff then preferred an appeal in the apex court, which stated that:

In our opinion, both the Trial Court and the High Court mis-applied the legal position and committed manifest error, in rejecting the ad-interim relief claimed by the appellant against the respondent during… Continue Reading...


Tagged: Supreme Court of India  
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