SC deletes HC's adverse remarks against advocate

SC deletes HC's adverse remarks against advocate

  • Case Name: Dushyant Mainali v Diwan singh Bora & Anr
  • Judge(s): Justices BR Gavai and KV Vishwanathan
  • Advocate(s): Vinod Kr Shukla (P) and Mr. Bankey Bihari (P)

The Supreme Court has ordered the expunging of the adverse remarks made by a judge of Uttarakhand HC against an advocate Dushyant Mainali for alleged professional misconduct without giving Mainali an opportunity to be heard, which violated the principles of natural justice. 

HC referred the matter to the BCI for disciplinary action under the provisions of the Advocates Act by taking a suo motu cognisance. The apex court emphasized that no one can be condemned unheard. 

However, allowing the appeal, SC held that the portion of the impugned judgment and order containing adverse remarks will stand deleted from the records.

Hindustan Times / 9 months ago

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