This is what has been held by the Supreme Court, on this issue, in the case of Noratanmal Chouraria v. M.R. Murli, (2004) 5 SCC 689:
“7. Misconduct has not been defined in the Advocates Act, 1961. Misconduct, inter alia, envisages breach of discipline, although it would not be possible to lay down exhaustively as to what would constitute conduct and indiscipline, which, however, is wide enough to include wrongful omission or commission whether done or omitted to be done intentionally or unintentionally. It means, “improper behaviour, intentional wrongdoing or deliberate violation of a rule or standard of behaviour”.
“8. Misconduct is said to be a transgression of some established and definite rule of action, where no discretion is left except what necessity may demand; it is a violation of definite law.”
If the lawyer concerned has deliberately back-dated the notice sent to you, with the mala fide intention of showing that the notice was issued by him (or his client) prior to your letter, then in my opinion it may amount to a misconduct. However, sometimes, it so happens that a letter is genuinely prepared and signed on a particular date but remains pending for dispatch and is dispatched later due to some problems or due to negligence or oversight, in such a situation, it may not amount to misconduct. So, it all depends on the facts of the case.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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