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 cannot 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 nor 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.
About: Sneha Jaiswal - ♀ GeekUpd8 Author 
An Advocate enthusiast from Delhi, India. She joined us in Law Reporter (a Geek Upd8 law project) in June,2013. She is very interested in criminal and cyber laws.
If Advise of an Advocate is proven wrong, Case u/s 420 or 109 IPC cannot be filed against him, posted on Geek Upd8, thanks to Advocate Sneha Jaiswal, Narayan Dutt, Punit, Daya - http://g8.geekupd8.com/210
ReplyDeleteWhat is the citation of the case so that I would be able to find out the case in details as the judgement is a good one
ReplyDeleteThis article, now dated 5th June 2016 seems to be a republish of an article of the year 2013. As of 2016, Justice P Sathasivam is not at all a sitting Judge of the Supreme Court. So this decision had to be an older judgment. It would thus be proper to always give a citation of the case/name of the parties/date of judgment to verify the authenticity of the article and not be misled that the judgment is a recent one.
ReplyDeleteRight, this is the judgment passed in the year 2012. Case details are "Central Bureau of Investigation, Hydrabad Vs. K. Narayana Rao, Criminal Appeal NO. 1460 of 2012 (Arising out of S.L.P. (Crl.) No. 6975 of 2011), decided on 21-09-2012.
DeletePlease give citation it not only authenticate the validity but also a reader can check the exact interpretation. Some times the writer gives his /her own interpretation of the judgement.
ReplyDelete