R. JANARDHANA RAO versus G. LINGAPPA

R. JANARDHANA RAO versus G. LINGAPPA

Taking a hand loan from a party after a civil compromise and failing to repay does not constitute professional misconduct within the meaning of the Advocates Act, 1961 when the conduct is unrelated to professional duties; remedies available are civil or criminal, not disciplinary.

Parties
Appellant Advocate: R. Janardhana Rao; Respondent Complainant: G. Lingappa
Jurisdiction
India
Judgment Date
12 January 1999
Procedural Posture
Civil Appeal / Appeal From Bar Council of India Disciplinary Committee Order
Outcome
Appeal allowed. Orders of State Bar Council of Andhra Pradesh and Bar Council of India set aside. Complaint dismissed.
Legal Topics
Advocate's Professional Misconduct, Compromise in Civil Suit, Negotiable Instruments, Costs
Legal Profession Professional Misconduct Advocate's Professional Misconduct Compromise in Civil Suit Negotiable Instruments Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

R. Janardhana Rao

Appellant Advocate

G. Lingappa

Respondent Complainant

Procedural Posture

Civil Appeal / Appeal From Bar Council of India Disciplinary Committee Order

Legal Issues

  1. 1 Whether the appellant's conduct amounts to professional misconduct under the Advocates Act, 1961
  2. 2 Whether civil or criminal remedies are available for non-repayment of hand loan

Ratio Decidendi

Taking a hand loan from a party after a civil compromise and failing to repay does not constitute professional misconduct within the meaning of the Advocates Act, 1961 when the conduct is unrelated to professional duties; remedies available are civil or criminal, not disciplinary.

Court Disposition

Appeal allowed. Orders of State Bar Council of Andhra Pradesh and Bar Council of India set aside. Complaint dismissed.

Orders

  • Respondent permitted to withdraw Rs. 3,000 deposited by appellant in Supreme Court Registry.
  • Appellant directed to pay Rs. 1,000 as cost to respondent within four weeks.