Professional Act -- FIR Against Advocate -- Filing appeal and making pre-deposit under GST Act not maintainable as professional act cannot constitute conspiracy
Advocates Act, 1961 r/w Constitution of India, Arts.14 and 21 -- Professional Act -- FIR Against Advocate -- An advocate cannot be prosecuted or named as a conspirator in an FIR for acts performed in professional capacity while representing a client -- Filing a statutory appeal and making a pre-deposit using the client's Electronic Credit Ledger under the Goods and Services Tax Act, 2017 is a professional act based on a legal position, whether right or wrong, and does not constitute conspiracy with the client -- Prosecuting advocates for professional acts violates Arts.14 and 21 of the Constitution and strikes at the foundation of the right to practise.
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