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In Re: N.D., a Second Grade Pleader - Court Judgment

SooperKanoon Citation

Subject

Civil

Court

Chennai

Decided On

Reported in

110Ind.Cas.815; (1928)55MLJ170

Appellant

In Re: N.D., a Second Grade Pleader

Excerpt:


- murray coutts trotter, kt., c.j.1. the pleader in this case is fortunate in that the district judge has not actually found in terms that the story told by him is a deliberate concoction. he found that the story was extremely improbable but not demonstrated to be false. had he so found the pleader would have been struck off for life. but what is left is very serious. here is a professional man, whose business it is to appraise evidence, launching a grave charge against a public judicial officer on materials which he must have known to be wholly inadequate to sustain it. at the last moment under pressure from this court he brought forward in corroboration an alleged eye-witness of the bribe taking, whose evidence is transparently false. we wish to make it clear to the profession, if it does not already realise it, that it is misconduct for a professional man not only to make charges which he knows to be false but charges which he must know he has no reasonable prospect of substantiating. this pleader's sannad must be withheld till the end of 1929.

Judgment:


Murray Coutts Trotter, Kt., C.J.

1. The pleader in this case is fortunate in that the District Judge has not actually found in terms that the story told by him is a deliberate concoction. He found that the story was extremely improbable but not demonstrated to be false. Had he so found the pleader would have been struck off for life. But what is left is very serious. Here is a professional man, whose business it is to appraise evidence, launching a grave charge against a public judicial officer on materials which he must have known to be wholly inadequate to sustain it. At the last moment under pressure from this Court he brought forward in corroboration an alleged eye-witness of the bribe taking, whose evidence is transparently false. We wish to make it clear to the profession, if it does not already realise it, that it is misconduct for a professional man not only to make charges which he knows to be false but charges which he must know he has no reasonable prospect of substantiating. This pleader's sannad must be withheld till the end of 1929.


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