Brihanmumbai Municipal Corporation (BMC)
Brihanmumbai Municipal Corporation (BMC)
Litigation News

Bombay HC pulls up BMC lawyer for stating incorrect facts, asks Civic Body to replace its Junior Counsel

The High Court observed that it is incumbent on the part of the Advocate to ensure that no incorrect facts are put on Affidavit as well as before the Court, failing which the Court will be misled into passing incorrect orders.

Omkar Gokhale

The Bombay High Court recently pulled up a lawyer for the Brihanmumbai Municipal Corporation (BMC) for stating incorrect facts in a case concerning demolition of illegal structures.

The Court observed,

“Every Court operates/functions on the basis of trust. Since it is impossible for the Court to go through each and every page of the Affidavit or the pleadings, the Court accepts the statements made by the Advocates before the Court, presuming that the Advocate making the statement before the Court understands his/her responsibilities as an officer of the court."

The Bench proceeded to highlight,

...It is therefore incumbent on the part of the Advocate/s to ensure that no incorrect facts are put on Affidavit as well as before the Court, failing which the Court will be misled into passing incorrect orders as is done in the present matter.
Bombay High Court

Taking critical note of the apparent disinterest among empanelled advocates of the BMC, the Court also suggested that the Civic Body to immediately replace its junior counsel with the fresh lot for the better functioning of its Legal Department.

A Division Bench of Justices S J Kathawalla and B P Colabawalla was hearing a contempt petition filed by a city-based developer alleging that the BMC had not complied with the previous order of the High Court.

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