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In Re: a First Grade Pleader

Type Court Judgment Court Chennai Decided Jul 31, 1923
~2 min read
https://sooperkanoon.com/case/803045

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Citation
Court
Chennai
Judge
Decided On
Subject
MRTP

Case Summary

AI-generated summary - not the official court judgment text.

Legal Practitioners Act (XVIII of 1879), Section 13(f) - Pleader inciting disobedience to law--Subsequent expression of regret--Intention to assist administration of law and order--Sanad, whether should be renewed. - - 1. In this case, which is a serious one, the Pleader in question had quite clearly incited perso...

Key legal issue
MRTP

Parties & Advocates

Appellant / Petitioner

In Re: a First Grade Pleader

Legal References

Reported In
81Ind.Cas.57

Excerpt

legal practitioners act (xviii of 1879), section 13(f) - pleader inciting disobedience to law--subsequent expression of regret--intention to assist administration of law and order--sanad, whether should be renewed. - - 1. in this case, which is a serious one, the pleader in question had quite clearly incited persons by public speech to disregard the local authorities, not to obey the forest laws, to boycott the forest subordinates and to continue that boycott.schwabe, c.j.1. in this case, which is a serious one, the pleader in question had quite clearly incited persons by public speech to disregard the local authorities, not to obey the forest laws, to boycott the forest subordinates and to continue that boycott. he now comes before the court and states that he has seen the error of his ways and expresses his regret for the attitude he then took in the agitations which were going on; and he states that he desires to have his sanad renewed and hereafter to cooperate in the administration of law and the maintenance of order. that being his expressed attitude we are willing to renew his sanad and express the hope that he will carry out fully the solemn undertaking he has given to the court.2. this court's jurisdiction in such cases is not a vindictive jurisdiction at all. its main object in such a case is not to allow a man to practice in courts, when he himself is counselling disobedience to the law and order enforced by those courts. when a man who has offended in that way comes before the court and honestly expresses his regret and his intention to assist the administration of justice in future, i see no reason why he should not be given an opportunity of showing that his intentions are as he expresses them.3. under these ericumstances i think this man's sanad may be renewed.4. coutts-trotter, j.--i am of the same opinion.5. krishnan, j.--i agree.

Full Judgment

Schwabe, C.J.

1. In this case, which is a serious one, the Pleader in question had quite clearly incited persons by public speech to disregard the local authorities, not to obey the Forest Laws, to boycott the Forest subordinates and to continue that boycott. He now comes before the Court and states that he has seen the error of his ways and expresses his regret for the attitude he then took in the agitations which were going on; and he states that he desires to have his sanad renewed and hereafter to cooperate in the administration of law and the maintenance of order. That being his expressed attitude we are willing to renew his sanad and express the hope that he will carry out fully the solemn undertaking he has given to the Court.

2. This Court's jurisdiction in such cases is not a vindictive jurisdiction at all. Its main object in such a case is not to allow a man to practice in Courts, when he himself is counselling disobedience to the law and order enforced by those Courts. When a man who has offended in that way comes before the Court and honestly expresses his regret and his intention to assist the administration of justice in future, I see no reason why he should not be given an opportunity of showing that his intentions are as he expresses them.

3. Under these ericumstances I think this man's sanad may be renewed.

4. Coutts-Trotter, J.--I am of the same opinion.

5. Krishnan, J.--I agree.

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