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In Re: Tincowri Santra, a Pleader - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in14Ind.Cas.208
AppellantIn Re: Tincowri Santra, a Pleader
Excerpt:
pleader - improper conduct--false statement to induce client to pay fee due--legal practioners act (xviii or 1879), section 13. - .....of one tincowri santra, a pleader, practicing in the court of the district judge of midnapore. the learned district judge has called upon the said tincowri santra to show cause why he should not be reported to the high court under section 13 of that act; and the sole ground upon which the report proceeds is this: it appeared during the course of a criminal trial against one debendra nath mullik that the pleader in question had sent two letters,(which have been marked exhibits b and d in that case) to the accused, who is a connection of his. money was due to the pleader at that time in respect of professional work done, and he apparently could not get that money paid. with a view to secure payment, he, according to the report, falsely stated that he had embezzled money of his clients, and.....
Judgment:

Woodroffe, J.

1. This is reference under the Legal Practitioners Act in the matter of one Tincowri Santra, a Pleader, practicing in the Court of the District Judge of Midnapore. The learned District Judge has called upon the said Tincowri Santra to show cause why he should not be reported to the High Court under Section 13 of that Act; and the sole ground upon which the report proceeds is this: It appeared during the course of a criminal trial against one Debendra Nath Mullik that the Pleader in question had sent two letters,(which have been marked Exhibits B and D in that case) to the accused, who is a connection of his. Money was due to the Pleader at that time in respect of professional work done, and he apparently could not get that money paid. With a view to secure payment, he, according to the report, falsely stated that he had embezzled money of his clients, and he made this statement with a view to working on the feelings of his relation in order to induca him to suppose that if he did not pay the money due for fees to Tincowri, the latter would run the risk of criminal prosecution. The District Judge found that statement which the Pleader made against himself was false and that he had, in fact, not embezzled any money. No doubt, the statement, being an untrue statement, should not have been made; and to that extent the conduct of the Pleader was improper. But his conduct was not such as to call for action being taken against him under the Legal Practitioners Act.

2. The learned senior Government Pleader on behalf of the other side admits that he is unable to support the reference upon the ground on which the learned District Judge has based it. He has, however, asked us to direct a farther inquiry with reference to the allegation now made, but which forms no part of the reference to us, namely, that the Pleader in question attempted to secure payment twice over of the fees due to him. With regard to this matter it is sufficient for me to say that in the present case I confine myself to the Reference made by the District Judge and the charge which is contained in that Reference.

3. The Reference is accordingly discharged,

Carnduff, J.

4. I agree.


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