No case against lawyer for any advice from him
“CASE CANNOT BE REGISTERED AGAINST A LAWYER JUST BECAUSE HIS ADVICE WAS NOT RIGHT.”
In an important decision Hon’ble Supreme Court of India said, that if the advice of a lawyer goes wrong in some way, even than no case under section 420 IPC or something like that can be registered against him/her. Though Supreme Court also said that Lawyer should take care of the interests of his/her clients. CBI has asked for advise of a Lawyer on title deed in a matter of loan. The lawyer have given a clean chit to that deed at that time, but after that the scandal of millions took place on the same deed. CBI registered a criminal case against the lawyer under section 420 and others that was dismissed by High Court. CBI went to Supreme Court in appeal against the order, which the Hon’ble Supreme Court also dismissed. Justice P. Sthasivam and Justice Ranjan Gogoi bench said while giving decision that a case can not be registered against a lawyer just because his advice was not right.
The wrong advice of the lawyer can be considered negligence or professional misconduct, that too only when there is strong evidence. But in no condition the lawyer can be accused for section 420 or 109 IPC, unless there are strong evidence that establish relation of advocate with criminals involved in the case. Court also said that in professions like lawyers and doctors, the professionals cannot guarantee for the success of the case. Courts said that the advocate cannot provide guarantee to his/her client that he would definitely win the case and not doctor can tell his patient that is operations are always successful. And though this professions doctor and lawyer can only say that they are experienced in their work and they would do their best efforts so that they are successful. And thus Supreme Court dismissed the appeal of CBI.
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTIONS CRIMINAL APPEAL NO. 1460 OF 2012(Arising out of S.L.P. (Crl.) No. 6975 of 2011)
Central Bureau of Investigation, Hyderabad …. Appellant(s)Versus K. Narayana Rao …. Respondent(s)
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