Lawyer Involved In Creation Of Forged Rental Agreement Is Liable To Be Prosecuted For Misconduct: Madras HC

The Court said that the Bar Council has to maintain professional standards and in the event of any complaint of misconduct, actions are to be initiated.

The Court was hearing a Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to take necessary action against the lawyer. 

The bench of Justice S.M. Subramaniam and Justice V. Sivagnanam observed, “The 5th respondent is in occupation of the building belongs to the petitioner and running Lawyer Office by abusing his position as a lawyer which caused dis-reputation to the legal profession.”

Brief Facts-

The Petitioner is the owner of the building which he inherited through his father. The petitioner entered into an agreement with the 5th respondent (who is an advocate). He not only committed default in payment of rent but also occupied other portions of the building by creating forged lease agreements. After the expiry of the original lease period, the 5th respondent is continuing in forcible occupation. The Petitioner submitted a complaint before various authorities. Since they took no action, the Petitioner filed the Writ Petition.

The Court observed, “Lawyer enjoys a status in the society. They are expected to maintain good conduct. A Lawyer involved in creation of forged rental agreement is liable to be prosecuted for misconduct under the Advocates Act, 1961, and the Bar Council of India Rules, 1975.”

The Court directed authorities to proceed with criminal proceedings under Sections 419, 420, 465, 468 and 471 of IPC.

Accordingly, the Court disposed of the Writ Petition.