2018 MarsdenLR 3175

HIGH COURT MALAYA KUALA LUMPUR
DARSHAN SINGH KHAIRA – Appellant
Versus
ZULKEFLI HASHIM; MAJLIS PEGUAM MALAYSIA (INTERVENER) – Respondent
[Originating Summons No: WA-17D-21-05/2016]

An undischarged bankrupt cannot practice law without a practicing certificate as per the Legal Profession Act 1976.

Headnote:The appellant's application seeks to set aside the Disciplinary Board's decision dated 14 April 2016, where the appellant was struck off from the roll of Advocates for practicing without a valid certificate while bankrupt. In dismissing the appeal, the court found that the Disciplinary Committee acted within the bounds of law, particularly under the Legal Profession Act 1976, as the appellant had violated s 29(2)(a) by advising and representing clients while undischarged as a bankrupt. The relevant issues addressed whether the appellant was given a fair chance to defend against the charges of misconduct. Ultimately, the court ruled, "the appeal is dismissed with costs."