Darshan Singh Khaira Zulkefli bin Hashim PENCELAH Majlis Peguam Malaysia

Darshan Singh Khaira Zulkefli bin Hashim PENCELAH Majlis Peguam Malaysia

Appellant practised law for reward while an undischarged bankrupt without a valid practising certificate; the DC provided adequate reasons for punishment; the High Court did not err and its dismissal of the originating summons is upheld; appeal dismissed.

Citation
W-02(A)-306-02/2018 (Mahkamah Rayuan)
Parties
Appellant/perayu: Darshan Singh Khaira; Respondent/complainant: Zulkefli bin Hashim; Intervener/pencelah: Majlis Peguam Malaysia
Court
A
Jurisdiction
Malaysia
Judgment Date
11 April 2019
Case Number
W-02(A)-306-02/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (disciplinary) / Appeal From High Court to Court of Appeal; Judgment Delivered
Outcome
appeal dismissed
Legal Topics
Practising Certificate Suspension, Bankruptcy and Sanction to Litigate, Unauthorised Practice of Law, Reasons for Disciplinary Punishment, Disciplinary Procedure (absence of Complainant)
Source Language
Malay/English
Legal Profession Disciplinary Proceedings Insolvency Administrative Law Practising Certificate Suspension Bankruptcy and Sanction to Litigate Unauthorised Practice of Law Reasons for Disciplinary Punishment +1 more

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Parties

Darshan Singh Khaira

Appellant/perayu

Zulkefli bin Hashim

Respondent/complainant

Majlis Peguam Malaysia

Intervener/pencelah

Procedural Posture

Civil Appeal (disciplinary) / Appeal From High Court to Court of Appeal; Judgment Delivered

Legal Issues

  1. 1 whether appeal was barred or required sanction because appellant was an undischarged bankrupt
  2. 2 whether giving legal advice (and receiving payment) constitutes practising law
  3. 3 whether the Disciplinary Committee failed to give reasons for the punishment recommended

Ratio Decidendi

Appellant practised law for reward while an undischarged bankrupt without a valid practising certificate; the DC provided adequate reasons for punishment; the High Court did not err and its dismissal of the originating summons is upheld; appeal dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with no order as to costs