SHASHI BHUSAN DUTTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a reference by the learned District Judge of Saran under Section 14 of the Legal Practitioners Act (Act 18 of 1879) for action against Sri Shashi Bhusan Dutta, Pleader, Chapra, in the following circumstances. Title Appeal No. 3/23 at 1960 was heard by Sri Sheo Shankar Dayal, Additional Subordinate Judge, Chapra, on the 10th of December, 1960, and 14th of December, 1960, was fixed for judgment. On the latter date, when the learned Additional Subordinate Judge was about to deliver judgment in the appeal, at about 2.30 P. M., Sri Shashi Bhusan Dutta filed a petition in his own handwriting with a fresh power executed in his favour by the appellant Mahatam Nonia in which he made the following allegations: -

(2.) The learned Additional Subordinate Judge on receipt of the application immediately examined Mahatam Nonia, who was present in Court, in presence of the Pleader, Sri Shashi Bhusan Dutta, as also Sri Ramsewak Singh, Pleader, Sri Bisheswar Dayal Sinha and Sri Daroga Prasad, Advocates. It may be stated that Sri Bisheshwar Dayal Singh, Advocate, and Sri Ramsewak Singh, Pleader, appeared for the appellant and Sri Bisheshwar Dayal Sinha only argued the appeal on his behalf, Sri Daroga Prasad argued the appeal on behalf of the respondents. Mahatam Nonia made the following statement: -

(3.) The learned Additional subordinate Judge took serious notice of the allegations, casting aspersions upon his integrity, contained in the petition and called upon Sri Shashi Bhusan Dutta to show cause as to why he should not be punished for contempt of Court. Sri Dutta showed cause and maintained therein that he had not made any statement on his own initiative but only on the instructions given to him by the appellant Mahatam Nonia. Since, however, the application, on proper examination, appeared to be improper and derogatory to the dignity of the learned Additional Subordinate Judge, Sri Dutta tendered his unqualified apology.