Advocate Fee -- Retention of Compensation Received on Behalf of Client -- Counsel liable to return amount and recover agreed fee by adjustment, not by retention
Civil Procedure Code, 1908, S.100 -- Advocate Fee -- Retention of Compensation Received on Behalf of Client -- An advocate who receives compensation on behalf of a client is required to return the amount and separately recover the agreed professional fee, or adjust the fee and return the balance, rather than retain the entire sum. Retention of the whole amount does not, however, extinguish the advocate's entitlement to the agreed fee where the client fails to prove its payment.
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