In D.P. Chadha v. Triyugi Narain Mishra (2000), the Bar Council of India, while dismissing the…
The Court said the power to vary the sentence to the advocate's prejudice was vitiated "for not giving the appellant reasonable opportunity of being heard". Before…
Choose your answer
In D.P. Chadha v. Triyugi Narain Mishra (2000), the Bar Council of India, while dismissing the advocate's appeal, raised his suspension from five years to ten years. Why did the Supreme Court set aside the enhancement?
Answer and explanation
Correct answer D
The Court said the power to vary the sentence to the advocate's prejudice was vitiated "for not giving the appellant reasonable opportunity of being heard". Before enhancing, the Bar Council of India had to issue notice to show cause. The finding of misconduct was upheld, and the five-year suspension imposed by the State Bar Council was restored.
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