High CourtsDivision Bench

In Re: A.V. Subba Rao

Madras High Court · Decided on 17 September 1929 · Citation: 122 Ind. Cas. 799 : (1929) 30 LW 977 : (1929) 57 MLJ 780

HON’BLE JUDGES
Ramesam, J
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

11 paragraphs · 206 words

Ramesam, J.—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.