Case Law Details
Subha Jakkanwar vs State of Chhattisgarh (High Court Chhattisgrh)
An Advocate cannot be prosecuted for criminal offences for non-exhibiting greater professional care and competence while submitting non-encumbrance certificate to a Bank.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
1. The short question that emanates for consideration is, whether an Advocate acting professionally and in discharge of his / her professional duty renders an opinion by giving nonencumbrance certificate to bank for granting loan to a borrower certifying that he has legal and marketable title over the land in question free from all encumbrances and subsequently, the same is found to be nonacceptable / untrue, can be prosecuted / criminally liable for offence punishable under Sections 420, 467, 468, 471 & 120B of the IPC for nonexhibiting greater professional care and competence?
2. The abovestated question arises on the following factual background:
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