PARBATI CHARAN CHATTERJI Vs. STATE

JUDGEMENT

(1.) THE facts giving rise to this case are few in number. It appears that the appellant, who was enrolled as a vakil of the High Court in 1891, procured to be printed and forwarded a circular letter, in October 1892, to, amongst other persons, a Mr. Newton, a vakil of the High Court, who was practising, in that capacity in the District Court of Meerut. The letter addressed to Mr. Newton was in the following terms: Allahabad,Dated 10th October, 1892.

(2.) THEIR Lordships do not think it necessary to go in detail into the matter, because they entirely agree with the conclusions arrived at by the High Court, namely, that the letter was within Section 36 of Act No. XVIII of 1879.

(3.) THE only question which remains to be considered is as to the amount of punishment inflicted by the High Court. The High Court directed the appellant to be struck off the Boll of Vakils, and to return his certificate to the Registrar of the High Court. Their Lordships have come to the conclusion that this punishment may properly be mitigated. It is plain that the appellant in writing the letter thought that he was keeping within the law. He evidently wanted to go as close to the limits of the law as he possibly could without violating its provisions. This is shown by the fact that the bracketed paragraphs in the letter were to be struck out or retained according as the letter was addressed to a vakil of the High Court or not.