IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 31972 OF 2023
(Arising out of impugned final judgment and order dated 05-11-2022 in
BCITRC No. 44/2014 passed by the Bar Council of India)
SYED ALTAF AHMED
Appellant(s)
VERSUS
S. SUSON
Respondent(s)
(FOR ADMISSION and IA No.162781/2023-EX-PARTE STAY and IA
No.162777/2023-CONDONATION OF DELAY IN FILING APPEAL)
Date : 25-08-2023 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA
HON'BLE MR. JUSTICE PANKAJ MITHAL
For Appellant(s)
Mr. Ashish Pandey, Adv.
Mr. Banagar Shankarappa Gurappa, Adv.
M/S. V. Maheshwari & Co., AOR
For Respondent(s)
Facts of the Case
The appellant, an advocate, filed the present appeal being dissatisfied with
the order of the Disciplinary Committee of the Bar Council of India, which
found him guilty of professional misconduct and suspended him from legal
practice for a period of five years.
The allegation of professional misconduct was that the appellant, while
representing the complainant in a civil suit, obtained a General Power of
Confidential – Oracle
Internal
Attorney from the same client in respect of the very property that was the
subject of the suit and later sold it to a third party.
In his reply before the Disciplinary Committee, the appellant admitted that
he also worked in the business of real estate. He claimed that the
complainant had approached him for selling half of her property, executed a
Power of Attorney in his favor for that purpose, and paid him a 2%
commission, asserting that this was done in his capacity as a real estate
agent and not as an advocate.
Aggrieved by the findings and disciplinary action of the Bar Council of India,
the advocate filed the present appeal before the Supreme Court.
Issues
Whether the advocate is guilty of professional misconduct.
Whether the advocate acted in the capacity of a real estate agent.
Whether the order passed by the Bar Council of India is valid and justified.
Findings (Legal Aspect)
The Bar Council found that the appellant had indeed obtained a General
Power of Attorney from his own client for the property which was the subject
matter of litigation in which he represented her, clearly constituting a breach
of professional ethics and fiduciary responsibility.
The appellant admitted to engaging in the business of buying and selling
properties while simultaneously practicing law, in violation of the statutory
bar under professional conduct rules.
The Supreme Court held that the appellant’s statements in paragraph 4 of
his own reply before the Committee amounted to a self-admission of
misconduct, reinforcing the earlier findings of the Bar Council.
8. Judgement
The Supreme Court held that the appellant’s conduct amounted to gross
professional misconduct both for acquiring a Power of Attorney from his
Confidential – Oracle
Internal
client and for engaging in real estate business while practicing as an
advocate.
The Court upheld the Bar Council’s order suspending Syed Altaf Ahmed from
practice for five years.
The appeal was dismissed, and all pending applications were disposed of
accordingly.
Confidential – Oracle
Internal