VARKEY GEORGE Vs. K P VASU PILLAI
HIGH COURT OF KERALA
K.P. VASU PILLAI
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(1.)These Criminal Revision Petitions arise out of three prosecutions started by the respondent, who is an advocate practising at Kottayam, against the editors and printers and publishers of three newspapers for defamation under S.500 and 501 of the Penal Code. The magistrates who tried these cases discharged the accused persons under S.253(L) of the Code of Criminal Procedure; but in revision the learned Sessions Judge of Kottayam reversed the orders of discharge and directed further enquiry. The question for consideration in these cases is whether that order is correct.
(2.)Since the publications involved in these cases are substantially the same and since the questions arising for consideration are also the same, these cases may be disposed of together.
(3.)There was a complaint by a client of the respondent before the Bar Council that the respondent used some blank papers signed and given by the former and created a deed of assignment, in favour of his wife, of a decree obtained in the name of the client, and thereafter he started proceedings in execution of the decree, appearing both for the assignor and the assignee. The High Court directed the District Judge of Kottayam to enquire into the matter and submit a report. The District Judge conducted an enquiry and submitted a report, wherein he stated that the case of the client, that the respondent took signed papers from her and utilised them for making up the deed of assignment in the name of his wife, was not established; but by obtaining the assignment of a decree of a client of his in the name of his own wife, the respondent was guilty of professional misconduct.
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