Case Law Details
Brief of the case:
Supreme Court held in Himalayan Cooperative Group Housing Society Vs Balwan Singh that the lawyers owe fiduciary duties to their clients, so they should act with the express consent of clients. Lawyers should not make any commitment without the consent of their clients and any commitment made by the lawyers without the consent of client would not bind the client to a settlement. Lawyers should follow the instructions of clients and argue on the matter on which consent had been taken.
Facts of the case:
The respondent was enrolled with the appellant society for the allotment of the residential apartments and the respondent was unable to pay the amount for the allotment of apartments which appellant society reminded him lots of time but still he had not paid the due amount so the appellant society removed the name of the respondent from the list of members of society. Aggrieved by which the respondent appealed with the presiding officer, Delhi cooperative tribunal and during the proceedings the counsel of the appellant-society agreed to the settlement that the appellant-society would construct the apartments and allot to the respondent which was not agreeable to the society so it appealed with Supreme Court.
Contention of the Appellant:
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