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Symbiosis International University • LAW • LAW INTERNATIO • MajorFlowerSkunk12 • 3/26/2022

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In Re Rameshwar Prasad Goyal, AIR 2014 SC 850

Issue
Whether the AOR’s name should be removed from Advocates on Record Register as his
conduct was “unbecoming of an AOR”.
Facts
The facts stated in the application were incorrect, according to the Court, and the applicant's
counsel was unable to clarify it. The Court dismissed the case and directed the attorneys to
summon the AOR, who would be able to explain the factual dispute. When the case was
reheard in the second round, the Court was notified that Shri Rameshwar Prasad Goyal, AO
had declined to appear. It was also pointed out that the aforementioned AOR has filed a
considerable number of cases in this Court but has never appeared in court. Due to the AOR
reluctance to appear in court, this Court had no choice but to dismiss the application.
Rules
Supreme Court Rules, 1966- Order IV Rule 6 (a)- It states that an advocate who is not a o
record advocate is not permitted to file an appearance or act for a party in the Court.
Rule 8A- It states that if AOR’s been guilty of his conduct or “conduct unbecoming of an
advocate on record” the court can order to remove his name from register. It could be
permanently or depends on the court.
Rule 10- It state that, unless ordered by an advocate on record, no advocate other than an
advocate on record shall appear and plead in any issue.
Analysis
As a court official, an advocate has a responsibility to ensure that the court runs smoothly. H
must resuscitate the distressed individual and cannot take advantage of the helplessness of
innocent plaintiffs. If the AOR does not carry out his responsibilities in a responsible manne
such as by failing to present when the matter is listed or by showing little interest in the case
he will be considered to have played no role at all. In this circumstance, lending signatures
for consideration would be considered a breach of his duty to the court. The fundamental
purpose of having AORs is undermined if the AOR is just giving his signatures without
taking any responsibility for the conduct of a case.
In the case of Supreme Court Bar Association v. UOI 1, it was observed that “to practice as a
Advocate-on-Record is conferred by this Court, and the power to grant the privilege include
the power to revoke or suspend it, this Court has jurisdiction to withdraw his privilege to
practice as an Advocate-on-Record in a case of contemptuous, contumacious, unbecoming,
blameworthy conduct.”
1 AIR 1998 SC 1895

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In Re Rameshwar Prasad Goyal, AIR 2014 SC 850

Thus, it is clear that this Court has the authority to act against an AOR on its own initiative,
without the need for a complaint from anybody, if it believes prima facie that the AOR has
engaged in misconduct or behavior unbecoming of an AOR. In fact, the Supreme Court has
granted the AOR the authority to carry out specific obligations, and failing to do so would b
considered unfit conduct, if not outright misconduct.
In the case of Ex. Captain Harish Uppal v. UOI2, it was concluded that if a lawyer refuses to
appear in court, it is not only unprofessional, but also unbecoming of a lawyer, and it will
disqualify him from appearing in court in the future. In the case of Lt. Col. S.J. Chaudhary v
State (Delhi Admn.)3, it was held that every advocate who accepts a brief has a responsibilit
to attend the trial, and this responsibility cannot be overstated. The Court further warned him
that, having accepted the brief, he will be in violation of his professional obligation if he fai
to appear. The practice of name lending was deprecated by the Court in the case of Tahil Ra
Issardas Sadarangani & Ors. v. Ramchand Issardas Sadarangani4, when the High Court dealt
with a case of a firm of lawyers just lending its name and taking no further obligation to ple
or act.
Such an arrangement is both sad and in violation of a lawyer's responsibility and commitme
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C
and advised himinnot
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his
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Conclusion
2 AIR 2003 SC 739
3 AIR 1984 SC 618
4 AIR 1993 SC 1182

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