Advocates--Professional Misconduct--Disciplinary Proceedings Against Advocate Unsustainable Where Complainant Withdraws Complaint Through Sworn Affidavit -- Substratum of Proceedings Ceases to Exist
Once the complainant amicably resolves the dispute and expressly seeks withdrawal of the complaint through a sworn affidavit, the substratum of disciplinary proceedings under Section 35 of the Advocates Act, 1961, ceases to exist, rendering any finding of professional misconduct legally unsustainable. Findings of guilt based on bald allegations without examination on oath and without affording the advocate the indefeasible right of cross-examination are legally unsustainable. Where the genesis of the dispute is a mere misunderstanding which stood resolved, and the complainant has expressed complete satisfaction, disciplinary proceedings cannot be maintained.
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