Nirmal Singh v Law Society: Reinstatement to Roll After Corruption Conviction
Nirmal Singh s/o Fauja Singh applied to the High Court of Singapore for reinstatement to the roll of advocates and solicitors, having been struck off in 1995 due to corruption convictions. The court, comprising Chao Hick Tin JA, Andrew Phang Boon Leong JA, and V K Rajah JA, allowed the application on 12 November 2010, finding that Singh had demonstrated sufficient rehabilitation and that his reinstatement would not harm public confidence in the legal profession. The Law Society of Singapore did not object to the application, provided certain conditions were imposed on Singh's practice.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Nirmal Singh seeks reinstatement to the Singapore Roll of Advocates after being struck off for corruption. The court allowed the application, finding sufficient rehabilitation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Nirmal Singh s/o Fauja Singh | Applicant | Individual | Application Allowed | Won | Davinder Singh, Pardeep Singh Khosa, Nabil Mustafiz |
| The Law Society of Singapore | Respondent | Association | Neutral | Neutral | N Sreenivasan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| V K Rajah | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Davinder Singh | Drew & Napier LLC |
| Pardeep Singh Khosa | Drew & Napier LLC |
| Nabil Mustafiz | Drew & Napier LLC |
| N Sreenivasan | Straits Law Practice LLC |
| Ching Sann | Attorney-General's Chambers |
4. Facts
- The applicant was struck off the Roll in 1995 after being convicted of corruption and criminal breach of trust.
- The applicant was convicted of offering a bribe to a police officer and misappropriating funds from his firm.
- The applicant served 18 months' imprisonment and paid a fine of $5,000.
- The applicant disclosed his past convictions to subsequent employers.
- The applicant was entrusted with financial responsibilities by his employers after being struck off.
- The applicant volunteered with religious organizations and the Sikh Welfare Council.
- The Law Society did not object to the application, provided certain conditions were imposed.
5. Formal Citations
- Nirmal Singh s/o Fauja Singh v The Law Society of Singapore, Originating Summons No 472 of 2010, [2010] SGHC 336
6. Timeline
| Date | Event |
|---|---|
| Applicant joined the Singapore Police Force | |
| Applicant obtained law degree from the University of London | |
| Applicant left the Singapore Police Force | |
| Applicant admitted as an advocate and solicitor | |
| Applicant became a partner at Gurdaib, Cheong & Narmal | |
| Applicant convicted of corruption and criminal breach of trust | |
| Applicant released from prison | |
| Applicant struck off the Roll | |
| Applicant employed at Sin Seng Huat International Group of Companies | |
| Applicant commenced Master of Laws at University of London | |
| Applicant obtained Master of Laws from the University of London | |
| Applicant left Sin Seng Huat International Group of Companies | |
| Applicant employed at Midwest Group of Companies | |
| Applicant left Midwest Group of Companies | |
| Applicant employed at Wei Yang Cosmetics International Pte Ltd & Antibac Laboratories Pte Ltd | |
| Application for reinstatement allowed |
7. Legal Issues
- Reinstatement to the Roll of Advocates and Solicitors
- Outcome: The court exercised its discretion to allow the applicant's reinstatement, subject to certain conditions.
- Category: Substantive
- Rehabilitation of a Disbarred Lawyer
- Outcome: The court found that the applicant had demonstrated sufficient rehabilitation through his conduct and employment history since being struck off the Roll.
- Category: Substantive
8. Remedies Sought
- Reinstatement to the Roll of Advocates and Solicitors
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Disciplinary Proceedings
- Legal Ethics
11. Industries
- Legal
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Nirmal Singh s/o Fauja Singh | High Court | Yes | [2001] 2 SLR(R) 494 | Singapore | Discusses the previous application for reinstatement by the applicant and the reasons for its dismissal. |
| Re Chan Chow Wang | Unknown | Yes | [1983-1984] SLR(R) 55 | Singapore | Cited for the principles germane to an application for reinstatement to the Roll. |
| Re Lim Cheng Peng | Unknown | Yes | [1987] SLR(R) 582 | Singapore | Cited for the principles germane to an application for reinstatement to the Roll. |
| Re Ram Kishan | Unknown | Yes | [1992] 1 SLR(R) 260 | Singapore | Cited for the principles germane to an application for reinstatement to the Roll. |
| Knight Glenn Jeyasingam v Law Society of Singapore | Unknown | Yes | [2007] 3 SLR(R) 704 | Singapore | Cited for the principles germane to an application for reinstatement to the Roll. |
| Narindar Singh Kang v Law Society of Singapore | Unknown | Yes | [2007] 4 SLR(R) 641 | Singapore | Cited for the principles germane to an application for reinstatement to the Roll. |
| Gnaguru s/o Thamboo Mylvaganam v Law Society of Singapore | Unknown | Yes | [2008] 3 SLR(R) 1 | Singapore | Cited for the principles germane to an application for reinstatement to the Roll. |
| Kalpanath Singh s/o Ram Raj Singh v Law Society of Singapore | Unknown | Yes | [2009] 4 SLR(R) 1018 | Singapore | Cited for the principles germane to an application for reinstatement to the Roll. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) | Singapore |
| Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Reinstatement
- Roll of Advocates and Solicitors
- Corruption
- Criminal Breach of Trust
- Rehabilitation
- Professional Misconduct
- Public Interest
15.2 Keywords
- reinstatement
- law society
- corruption
- singapore
- legal profession
- advocate
- solicitor
16. Subjects
- Legal Profession
- Ethics
- Criminal Law
17. Areas of Law
- Legal Profession
- Reinstatement to Roll
- Professional Misconduct