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In Re: A.V. Subba Rao

Type Court Judgment Court Chennai Decided Sep 17, 1929
~2 min read
https://sooperkanoon.com/case/780750

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Citation
Court
Chennai
Decided On
Subject
Civil

Case Summary

AI-generated summary - not the official court judgment text.

- - In such cases it may be too strong an expression to describe the certificates as 'false certificates.

Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

In Re: A.V. Subba Rao

Legal References

Reported In
122Ind.Cas.799; (1929)57MLJ780

Excerpt

- - in such cases it may be too strong an expression to describe the certificates as 'false certificates.orderramesam, j.1. there may be cases in which the fee due to a vakil may be otherwise adjusted, by which i mean an adjustment amounting to more than a mere agreement to pay, though no actual money has passed. in such cases the fee certificate cannot be said to be false. when a promissory note especially a negotiable instrument is given it may be equivalent to payment and i doubt if note (it) to rule 30 in legal practitioners' rules is strictly correct. but, as a matter of policy, the object of the rule seems to discourage the taking of promissory notes by advocates.2. the cases abovementioned show that a certificate may not be really dishonest even if no fee was received. in such cases it may be too strong an expression to describe the certificates as 'false certificates.'3. in the present case, the judge himself says 'no personal criticism was intended.' i take this to be an expression of the judge's opinion that the advocate was an esteemable person and is incapable of improper conduct. the later remarks merely show that the advocate might have been misled by the practice or otherwise.4. i do not think any order is necessary in the matter.

Full Judgment

ORDER

Ramesam, J.

1. There may be cases in which the fee due to a vakil may be otherwise adjusted, by which I mean an adjustment amounting to more than a mere agreement to pay, though no actual money has passed. In such cases the fee certificate cannot be said to be false. When a promissory note especially a negotiable instrument is given it may be equivalent to payment and I doubt if Note (it) to Rule 30 in Legal Practitioners' Rules is strictly correct. But, as a matter of policy, the object of the rule seems to discourage the taking of promissory notes by Advocates.

2. The cases abovementioned show that a certificate may not be really dishonest even if no fee was received. In such cases it may be too strong an expression to describe the certificates as 'false certificates.'

3. In the present case, the Judge himself says 'no personal criticism was intended.' I take this to be an expression of the Judge's opinion that the Advocate was an esteemable person and is incapable of improper conduct. The later remarks merely show that the Advocate might have been misled by the practice or otherwise.

4. I do not think any order is necessary in the matter.

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