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HC denies bail to bank lawyer for ‘defrauding’ money

The Madras High Court Bench here on Tuesday refused to grant anticipatory bail to M.P. Venkatakrishnan, Assistant Manager (Legal) of HDFC Bank in Tirunelveli district, in two cases registered against him for defrauding the bank to the tune of several lakh of rupees and cancelled the advance bail granted by the Tirunelveli Principal Sessions Court in the third case. Justice V.M. Velumani dismissed the two anticipatory bail applications filed by the lawyer and allowed a cancellation of advance bail application moved by the bank on the ground that the accused had not even complied with the condition laid down by the Sessions Court on April 28 to report before the Inspector of Tirunelveli City Crime Branch (CCB) every day for a month. “Allegations against the petitioner are that he is the mastermind in hatching the plan to defraud the bank. He actively participated in forgery and stealthily removed all the loan documents by using the password to which only authorised employees had acce...

Client not bound by unauthorised statement from his lawyer

Himalayan Cooperative Group Housing Society Vs. Balwan Singh (Supreme Court) The client is not bound by a statement or admission which he or his lawyer was not authorised to make. The Lawyer generally has no implied or apparent authority to make an admission or statement which would directly surrender or conclude the substantial legal rights of the client unless such an admission or statement is clearly a proper step in accomplishing the purpose for which the lawyer was employed Generally, admissions of fact made by a counsel is binding upon their principals as long as they are unequivocal; where, however, doubt exists as to a purported admission, the Court should be wary to accept such admissions until and unless the counsel or the advocate is authorised by his principal to make such admissions. Furthermore, a client is not bound by a statement or admission which he or his lawyer was not authorised to make. Lawyer generally has no implied or apparent authority to make an admission ...