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In Re: Mr. B. Muniswami Naidu - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in96Ind.Cas.685
AppellantIn Re: Mr. B. Muniswami Naidu
Excerpt:
letters patent (mad.), clause 10 - professional misconduct, mere negligence of vakil's clerk, whether amounts to. - .....charges framed, if they were substantiated, would prove no more than negligence on the part of the vakil's clerk. it is only fair to the vakil to say that he has throughout accepted civil responsibility for his clerk's negligence to the extent of any proved loss in. consequence of it by the client. but it has been laid down clearly in england in the case of g.m.c. in the proceedings' against mayor cooke, a solicitor (1889) 33 sol. j. 397 and also by a bench of this court in a judgment, delivered on the 7th december, 1923, in the matter of dr. t.c.k. kurup, barat law, advocate, high court, madras, the court consisting of the then chief justice, phillips and ramesam, jj., that negligence , by itself is not professional misconduct; into that offence there must enter the element of moral.....
Judgment:

1. The charges framed, if they were substantiated, would prove no more than negligence on the part of the Vakil's clerk. It is only fair to the Vakil to say that he has throughout accepted civil responsibility for his clerk's negligence to the extent of any proved loss in. consequence of it by the client. But it has been laid down clearly in England in the case of G.M.C. in the proceedings' against Mayor Cooke, a Solicitor (1889) 33 Sol. J. 397 and also by a Bench of this Court in a judgment, delivered on the 7th December, 1923, in the matter of Dr. T.C.K. Kurup, Barat Law, Advocate, High Court, Madras, the Court consisting of the then Chief Justice, Phillips and Ramesam, JJ., that negligence , by itself is not professional misconduct; into that offence there must enter the element of moral delinquency. Of that there is no suggestion here, and we are, therefore, able to say that there is no case to investigate and that no reflection adverse to his professional honour rests upon Mr. Muniawami Naidu.


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