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In Re: Sri A. Ramanuja Ayyangar, First Grade Pleader - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1940)2MLJ1031
AppellantIn Re: Sri A. Ramanuja Ayyangar, First Grade Pleader
Excerpt:
- - he has been charged with professional misconduct in that he has failed to maintain accounts in respect of his professional work. the rule goes on to say that the failure to keep such accounts will be treated as a reasonable cause for suspension of certificate within the meaning of section 13 (f) of the legal practitioners' act, 1879. 2. in answer to the charge the respondent sent by post a communication to the district munsif of vellore who had framed the charge, stating that, as he had no legal work worth mentioning, there was no necessity to maintain any accounts, and that he was under the bona fide belief that he need not keep any accounts under the circumstances. on each occasion the respondent failed to put in an appearance......to the district munsif of vellore who had framed the charge, stating that, as he had no legal work worth mentioning, there was no necessity to maintain any accounts, and that he was under the bona fide belief that he need not keep any accounts under the circumstances. he admitted that he had committed an error and asked to be excused. the enquiry into the charge framed against the respondent was fixed for the 16th and 17th of april of this year. on each occasion the respondent failed to put in an appearance. we agree with the district munsif that, even if a vakil has not much work, he is bound to keep accounts for whatever work he may have, and in failing to keep accounts the respondent has been guilty of professional misconduct. the respondent is at present under suspension.....
Judgment:

Alfred Henry Lionel Leach, C.J.

1. The respondent is a First Grade Pleader practising at Vellore. He has been charged with professional misconduct in that he has failed to maintain accounts in respect of his professional work. Rule 16 of the rules framed under the Legal Practitioners' Act states that it is the duty of every pleader to keep regular accounts of all moneys received and disbursed by him in connection with each suit in which he is engaged as a pleader. The rule goes on to say that the failure to keep such accounts will be treated as a reasonable cause for suspension of certificate within the meaning of Section 13 (f) of the Legal Practitioners' Act, 1879.

2. In answer to the charge the respondent sent by post a communication to the District Munsif of Vellore who had framed the charge, stating that, as he had no legal work worth mentioning, there was no necessity to maintain any accounts, and that he was under the bona fide belief that he need not keep any accounts under the circumstances. He admitted that he had committed an error and asked to be excused. The enquiry into the charge framed against the respondent was fixed for the 16th and 17th of April of this year. On each occasion the respondent failed to put in an appearance. We agree with the District Munsif that, even if a Vakil has not much work, he is bound to keep accounts for whatever work he may have, and in failing to keep accounts the respondent has been guilty of professional misconduct. The respondent is at present under suspension by an order of this Court dated the 17th of October, 1939 passed in another case in which he was charged with professional misconduct. The suspension in that case does not expire until the end of the summer vacation of the District Court of North Arcot in 1941. It is necessary that the respondent should be punished for this further act of misconduct and we direct that he be suspended from practice on the present charge from the end of the summer vacation of the District Court of North Arcot in 1941 until the end of that year.


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