SAKTHIVEL NAGALINGAM OF MESSRS AMRAN JOSEPH CHAN & CO. v KUMARAPPAN @ THANNIRMALAI A/L K. M. PALANIAPPAN PENCELAH MAJLIS PEGUAM MALAYSIA

aa-17d-1-07-2024 High Court (Mahkamah Tinggi) 2 July 2025 • AA-17D-1-07/2024

Catchwords

Legal Profession — Disciplinary proceedings — Solicitor’s undertaking — Conditional undertaking issued by Legal Assistant — Firm discharged before receipt of funds — Cheque returned undeposited — Whether undertaking matured into binding obligation — Whether Legal Assistant personally liable for firm issued undertaking — Whether termination of retainer extinguished authority — Whether disciplinary proceedings flawed — Absence of complainant at inquiry — Denial of cross-examination rights — Standard of proof not stated — Increase of fine by Disciplinary Board without reasons — Whether serious procedural irregularities vitiated proceedings — Whether prejudice caused to solicitor — Whether decision of Disciplinary Board and Disciplinary Committee liable to be set aside — Legal Profession Act 1976 ss 94(2)(c), 94(3)(d), 100, 103, 103B, 103C, 103D, 103E, 138 — Legal Profession (Disciplinary Proceedings) Rules 2017 rr 14, 16, 27

Practice Areas

Legal Profession

Judges (1)

Moses Susayan Delivered

Parties (3)

MAJLIS PEGUAM MALAYSIA Intervener Kumarappan @ Thannirmalai a/l K. M. Palaniappan Respondent Sakthivel Nagalingam Of Messrs Amran Joseph Chan & Co Appellant

Case Significance

SAKTHIVEL NAGALINGAM OF MESSRS AMRAN JOSEPH CHAN & CO. v KUMARAPPAN @ THANNIR... is a High Court (Mahkamah Tinggi) decision dated July 2, 2025 (citation: aa-17d-1-07-2024). The case was decided by Moses Susayan.

What was the outcome of SAKTHIVEL NAGALINGAM OF MESSRS AMRAN JOSEPH CHAN & CO. v KUMARAPPAN @ THANNIR...?

SAKTHIVEL NAGALINGAM OF MESSRS AMRAN JOSEPH CHAN & CO. v KUMARAPPAN @ THANNIR... is a High Court decision dated July 2, 2025. The case was heard by Moses Susayan. See the full judgment for details.