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Case Law Details

Case Name : Subha Jakkanwar vs State of Chhattisgarh (High Court Chhattisgrh)
Appeal Number : Criminal Misc. Petition No.1614 of 2017
Date of Judgement/Order : 26/11/2019
Related Assessment Year :
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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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