2023 (10) TMI 865

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....actising in Madurai District Court. This petitioner approached him in 2008 for legal assistance for filing insolvency petition. At that time, the petitioner was facing severe debts approximately Rs. 1,32,02,000/- and various criminal cases have been registered, apart from money issue. For rendering the legal assistance, no fee was paid by the petitioner. The complainant conducted several cases. Assurance was made by him that he will execute sale deed for 10 cents, out of three acres of land comprised in Uthangudi, Madurai North Taluk. Believing his words only, he conducted several litigations. In November 2012, the petitioner requested him to permit him to stay in the office, since he is facing some threat to his life. Believing his words, ....

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....r contra, the learned counsel appearing for the respondent would submit that the above said cheque was not issued only towards the payment of legal fees, but it was discharged the liability of the petitioner to the complainant, since the complainant has incurred several expenses in the course of legal engagement. So according to him, this will not hit under the provisions of the Legal Practitioner's Fees Rules, 1973. 8. Per contra, the learned counsel appearing for the petitioner would rely upon the judgment of the Hon'ble Supreme Court in the case of B.Sunitha Vs. State of Telangana and another [2018(1)SCC 638]. After elaborate discussion, the Hon'ble Supreme Court has replicated the practise of Advocates claiming fee, which i....

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....urely a factual issue, which cannot be discussed by this court. But, as mentioned above, the Hon'ble Supreme Court has taken up the issue and has deprecated such practise. As mentioned earlier, absolutely, no contractual document has been filed by the respondent to show the terms between the petitioner and himself to show all the litigations defended by him a consolidated fee was agreed to pay by the petitioner. In the absence of such primary document, or even the statement and the complaint, then mere issuing of the cheque in the facts and circumstances of the case will not create any legal liability. 13. Apart from that, in the light of the Legal Practitioner's Fees Rules 1973, the fee that has been claimed by the respondent prim....