T. A. KATHIRU KUNJU versus JACOB MATHAI & ANR.

T. A. KATHIRU KUNJU versus JACOB MATHAI & ANR.

The act of the appellant advocate, in failing to obtain an acknowledgment for the returned cheque, amounted to negligence but did not rise to the level of gross negligence required for professional misconduct. The Disciplinary Committee’s finding of gross negligence was unsupported by the evidence and improper.

Source-derived case information.

Parties
Appellant: T. A. Kathiru Kunju; Respondent: Jacob Mathai; Respondent: Bar Council of India
Jurisdiction
India
Judgment Date
16 February 2017
Procedural Posture
Civil Appeal / Appeal Against Order of Disciplinary Committee of Bar Council of India
Outcome
Appeal allowed; order of Disciplinary Committee of Bar Council of India set aside.
Legal Topics
Advocate's Duties, Professional Negligence, Gross Negligence, Disciplinary Proceedings
Legal Profession Professional Misconduct Advocate's Duties Professional Negligence Gross Negligence Disciplinary Proceedings

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Parties

T. A. Kathiru Kunju

Appellant

Jacob Mathai

Respondent

Bar Council of India

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant advocate was guilty of gross negligence amounting to professional misconduct
  2. 2 Correctness of the punishment imposed by the Disciplinary Committee

Ratio Decidendi

The act of the appellant advocate, in failing to obtain an acknowledgment for the returned cheque, amounted to negligence but did not rise to the level of gross negligence required for professional misconduct. The Disciplinary Committee’s finding of gross negligence was unsupported by the evidence and improper.

Court Disposition

Appeal allowed; order of Disciplinary Committee of Bar Council of India set aside.

Orders

  • Order of Disciplinary Committee of Bar Council of India is set aside.
  • Amount paid to the complainant need not be refunded.