Lawfully yours: By Retd Justice K Chandru

CHENNAI: Bar Council rules prohibit lawyers from borrowing money from clients

In 2022, I lent a large sum of money to a person to construct a school with a return period of 5 years without any interest as a good cause. He was my lawyer in a case against a realtor and later sought this investment. He said he would arrange the remaining funds via a bank loan. Whenever I asked him about the building approval status, he said he was following it up with the panchayat authority. In March 2023, he said the school could come up there along with a hotel. I said I was interested in the school part alone. Since approvals were not obtained until July 2023, I asked him to return my money and he started behaving indifferently.

Can I take action against the violation of the agreement and mortgage deed? His deceit exposed, can I file a suit to recover my money? - Surendar

The person, as a lawyer, has committed clear professional misconduct in borrowing money from a client and as per the Bar Council of India rules he is liable for professional misconduct. You must file a complaint before the State Bar Council, in which he has enrolled as an advocate.

If the Bar Council finds your complaint true, it can debar him from practice. Besides this, you can also take civil and criminal proceedings for the return of the amount you parted with.

Parents to face action if under-16 e-bikers flout traffic rules

My 15-year-old son has been pestering me to get one e-bike for him and is dismissive of my response that he has to wait till he turns 18, a legal age when one can apply for a driver’s licence. He argues that e-bikes, to a certain degree, don’t require a driving licence at all. To my surprise, it turns out to be true. It seems to be a legal anomaly. I feel handing over motorised vehicles to youngsters poses a risk to them and others. Won't one be liable to legal consequences if he/she meets with an accident driving an electric two-wheeler without a proper licence? - K Rajasekar, Chennai

You put your foot down and say no to your son who is only 15 years old.

The law permits 16-year-olds to ride a gearless bike and not any other.

Otherwise, police can put a fine of Rs 25,000/- and send parents to jail for up to 3 years. In case of an accident, the insurance can repudiate your claim.