Legal Question in Legal Malpractice in India

Lost a case under Section 138 of N.I Act, as the lawyer made a mistake. Loaned Rs.20 lakhs, through an MOU, Receipt, and with two mortgaged properties as security in 2007. When I realized the borrower had no intention of paying the money back, I deposited the cheque for Rs.20 lakhs which bounced. Filed a case under Sec 138 of N.I. The lawyer made a huge mistake saying the loan originated in 2009. My father, GPA holder, was told not to worry about it, as the cheque was in our name, and we would win the case without any problem. We lost the case, as we could not introduce any evidence prior to 2009. The lawyer was adamant that the judge would not allow us to amend the facts mentioned in the original case. The Accused had the audacity to say that he did not know me. He did not take any loan from me, and he did not give any cheque to me for Rs.20 lakhs.

What can we do now? We have all the evidence against the Accused, and could not use it because of the error the highstrung lawyer made? Can we file a suit against the lawyer for malpractice?


Asked on 1/26/13, 4:49 pm

1 Answer from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

NO........Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 1/28/13, 12:38 am


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