VidhiSangh

Supreme Court of India · 05/12/2017

B. SUNITHA versus THE STATE OF TELENGANA & ANR.

[2017] 14 S.C.R. 456 · 2017 INSC 1175

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Summary

An advocate prosecuted his client over a dishonoured fee cheque while admittedly claiming16percent of her compensation award, without a written fee contract or accounts. The Court held the percentage-based claim contrary to professional ethics and public policy and quashed the complaint, leaving disciplinary consequences to the appropriate forum.

Issues

  1. Whether a percentage-based litigation fee could support a legally enforceable cheque liability.
  2. Whether issuing the cheque prevented the client from disputing the fee contract and what relief followed.

Provisions considered

Held

Result

Appeal disposed of by quashing the cheque-dishonour proceedings against the client. Professional misconduct left for consideration at the appropriate forum.

Judgment PDF: Supreme Court of India, [2017] 14 S.C.R. 456.