Lawyer liable only for gross negligence

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In TA Kathiru Kunju v Jacob Mathai the Supreme Court allowed an appeal filed by Kunju under section 38 of the Advocates Act, 1961, challenging the correctness of an order passed by the Disciplinary Committee of the Bar Council of India. The committee had found Kunju guilty of gross negligence in discharge of his professional service to a client for failing to abide by his client’s instruction to initiate criminal action against a debtor for dishonour of a cheque issued to the client, and for failing to return the cheque to the client.

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