NO FIR AGAINST LAWYERS : SUPREME COURT well The Apex Court that is Supreme Court have recently held in division bench that a suit cannot be filed against Doctors and Lawyers until and unless there is solid evidence which proves that misconduct has been performed on the part of lawyers. It is believed that Lawyers cannot guarantee his or her client to win the case. The professionals only say that they experience in their work and they would do their best to win the case. It was further, held by the Apex Court that a case cannot be registered on the ground of the wrong advice given by Lawyers and they cannot be accused.
- The judgement given by Supreme Court in T.A. KATHIRU KUNJU V. JACOB MATHAI & ANR. The allegation against Advocate Kathir Kunju was that a cheque that was handed over to him to initiate criminal action against one Ramachandran under Section 138 of the NI Act was not returned to him.
- Senior Advocate Sanjay Parikh argued that even though the cheque was kept back by the appellant, there is no gross negligence. “On the contrary, as he would submit, it was handed over to the investigating agency which was directed by learned Magistrate to carry out the investigation under Section 156(3) CrPC. His only fault is that he could not get the acknowledgment,” he said. Accepting his argument, the bench observed that the act of the present appellant cannot be treated to be in the realm of gross Negligence.
“It would be only one of negligence. The tenor of the impugned order, as we notice, puts the blame on the appellant on the foundation that he had not received the acknowledgment. He has offered an explanation that he had given the cheque to the police”
Relying on the constitution bench judgment in Mr. ‘P’ an Advocate, Re v. the court held that mere negligence or error of judgment on the part of an advocate would not amount to professional misconduct.
NO FIR AGAINST LAWYERS – CONCLUSION
- It is very clear from the judgement above, that a case cannot be registered on the ground of wrong advice until and unless there is some strong evidence which proves that such advice conveyed was done with wrongful intention.
- The wrong advice of the lawyer can be considered negligence or professional misconduct, that too only when there is strong evidence. Whenever a Lawyer advice his or her client, he or she does with the experience of work they are indulged with.
- The guarantee of success of case cannot be given by lawyers. It has been very cleared by the Supreme Court that if in case the advice given by a Lawyer goes wrong in some way, despite of it, no case under section 420 of Indian Penal Code or something like that can be registered against him/her.
Thus, it is responsibility of a Lawyer to be provide with the accurate advice given by them to others further in which their client is depend upon.
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