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Bar Council of Andhra Pradesh v. B. Narayan Swamy and Another

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 7133 of 2013)Decided 15 Sept 2014
Civil Appeal No. 7133 of 2013
Justice F.M. Ibrahim Kalifulla · Justice Shiva Kirti Singh

Background

The Andhra Pradesh Bar Council disciplined an advocate who had signed and stamped blank stamp papers in his capacity as a notary. The Bar Council of India set aside the punishment, reasoning that notarial misconduct was separate from his work as an advocate. The State Bar Council appealed, while the lawyer argued that the papers had been stolen from his drawer.

Decision Breakdown

The Supreme Court restored the misconduct finding but reduced the permanent practice ban to suspension for one year and three months. Because the lawyer had been appointed a notary by virtue of his professional status, this misuse could attract disciplinary action under the Advocates Act. The period already spent unable to practise counted, leaving two further months of suspension in October and November 2014. His notary certificate had already been cancelled, and the Court expressly prohibited his recognition as a notary in future.

Lesson Learnt

This advocate could not avoid professional discipline by characterising the wrongdoing as solely notarial. Signing and stamping blank papers created an unacceptable opportunity for false documents; the Court considered the seriousness of that conduct and the appropriate punishment separately.

Official source (sci.gov.in)View Judgment (PDF)

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