Dismissal Of Application On Default Of lawyer , MP HC Directs Lawyer To Visit Mercy Home And Prepare Report, Court Emphasis Need To Promote 'Social Audit' By Lawyers
As a “test case” to give the concept of 'Social Audit' a chance to gain grounds, the Madhya Pradesh High Court recently suggested the counsel of an assessee, whose mistake had led to dismissal of assessee's Income Tax Appeal, to do community service. The division bench of Justices Anand Pathak and Rajendra Kumar Vani also called upon lawyers and other resourceful persons of...
As a “test case” to give the concept of 'Social Audit' a chance to gain grounds, the Madhya Pradesh High Court recently suggested the counsel of an assessee, whose mistake had led to dismissal of assessee's Income Tax Appeal, to do community service.
The division bench of Justices Anand Pathak and Rajendra Kumar Vani also called upon lawyers and other resourceful persons of the society to visit orphanages, old age homes, etc., apprise themselves of the plight of the inmates and contribute to raise the standards of their living.
“...counsel for the applicant is directed to submit a report regarding their visit to the Mercy Home within fifteen days elaborating their experience and status of mercy home with suggestions, if any, in the litigation…which is going to be restored by this order. On submission of the report and affidavit as accepted by counsel for the applicant, ITA No.89/2024 shall be restored to its original number,” it ordered.
The applicant had sought restoration of ITA No.89/2024 which was dismissed by a single bench of the High Court over the counsel's non-compliance of peremptory order passed by HC's Principal Registrar for filing an application for condonation of delay.
The Division bench suggested the counsel invest one hour of community service- visit a Mercy Home and spend time with the children and families there.
As the counsel “graciously” accepted the suggestion, the Court added that a Government Advocate may accompany him.
“This community service of one hour would not only be satisfying to the soul but would also give a message to the differently abled children that society and its members care for them and that they are not considered as the children of the Lesser God,” it remarked.
Another important effect of the Social Audit, the Court said, “is that Management of those Institutions sometimes misbehave or cause mischief to the inmates especially children and females living there and this way, they would always be cautious that the society is keeping eyes over their working.”
The Court also said that Policy makers, especially the Department of Women and Child Welfare Development, Department of Social Justice and Police Department must come out with some tangible solution in this regard.
So far as the applicant's case is concerned, the Court said that litigants should not be made to suffer for the fault of the counsel. It cited M.K. Prasad Vs. P. Arumugam (2001) and Dindayal Bansal Vs. Gwalior Nagar Tatha Gram Vikas Pradhikaran (2007).
Accordingly, the Court allowed the plea for restoration of appeal, subject to the counsel visiting the Mercy home and submitting his report to the Court.
Appearance: Advocate Harshvardhan Topre for applicant
Case title: Principal Commissioner Of Income Tax Gwalior v. M/S Khajuraho Builders And Construction Pvt Ltd
Case no.: MISC. CIVIL CASE No. 3399 of 2024
Citation: 2024 LiveLaw (MP) 239