LAWYERS ADVICE -NEGLIGENCE
Whether lawyers are liable for wrong advices or negligence,the Hon'ble Supreme Court of India answered many questions pertaining to criminal liability of lawyers advice and held that lawyers are not able for negligence ,while performing professional duty,unless he is part of fraudulent transaction.
The Apex Court said "A lawyer does not tell his client that he shall win the case in all circumstances. Likewise a physician would not assure the patient of full recovery in every case. A surgeon cannot and does not guarantee that the result of surgery would invariably be beneficial, much less to the extent of 100% for the person operated on. The only assurance which such a professional can give or can be given by implication is that he is possessed of the requisite skill in that branch of profession which he is practising and while undertaking the performance of the task entrusted to him, he would be exercising his skill with reasonable competence. This is what the person approaching the professional can expect. Judged by this standard, a professional may be held liable for negligence on one of the two findings, viz., either he was not possessed of the requisite skill which he professed to have possessed, or, he did not exercise, with reasonable competence in the given case, the skill which he did possess"
Central Bureau of Investigation, Hyderabad Vs. K. Narayana Rao
[Criminal Appeal No. 1460 of 2012 arising out of S.L.P. (CRL.) No. 6975 of 2011]
P.Sathasivam,J.
1. Leave granted.
2. This appeal is directed against the final judgment and order dated09.07.2010 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Petition No. 2347 of 2008 whereby the High Court allowed the petition filed by the respondent herein under Section 482 of the Code of Criminal Procedure, 1973 (in short "the Code") and quashed the criminal proceedings pending against him in CC No. 44 of 2007 (Crime No. 36of 2005) on the file of the Special Judge for CBI cases, Hyderabad.
3. Brief facts:
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