When cases are filed wrongly with help of lawyer friends
narendra
(Querist) 28 January 2015
This query is : Resolved
Guys,
I have following query.
What recourse id available against LAWYER who despite knowing law files and includes un-necessary RESPONDENTS just because he is friend of an APPLICANT.
I belive that knowing LAW the LAWYER shall refrain from implicating people just for harassment purposes.
CASE IN POINT is a D.V filed by LADY who has a LAWYER FRIEND since her childhood
and the said lawyer has included family members who reside in another CITY even though the law clearly states that in Domestic Violence cases only SHARED HOUSE HOLD members to be included.
This is done just to harass the GROOM's family.
I SERIOUSLY WANT TO KNOW HOW TO PUNISH THIS LAWYER and what RECOURSE IS AVAILABLE TO US?
We are also worried that said lawyer being frinds with the LADY since childhood may implicate
us in more false cases later.
Thanks
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 January 2015
Advocate is the agent of master and he /she works on instructions.
More ever you have just read the law and not aware of its procedure.
Go to courts and see what happens in DV cases.
So first try to come out of this problem which is more serious than what now you can imagine .
Because if your arguments are taken logically further than the court and its staff is also responsible.
narendra
(Querist) 28 January 2015
Okay so does it mean that lawyer can get away with drafting false cases? At least a lawyer is supposed to draft cases within parameters of said case. I want to know if I can go to bar council??
narendra
(Querist) 28 January 2015
Okay so does it mean that lawyer can get away with drafting false cases? At least a lawyer is supposed to draft cases within parameters of said case. I want to know if I can go to bar council??
narendra
(Querist) 28 January 2015
It looks like my querry has rattled some of lawyers here! Im sure lawyer have to b guided by pruncpals & parameters within a case and if u delibrraty misuse law there has to b recourse and i m asking whats the best way to punish such lawyers?? B bold and answer my query please
narendra
(Querist) 28 January 2015
When a police officer goes rogue we approach DCP or Comissioner. Who do we approach and how when we find a lawyer going rogue filing cases outside parameters of given case doing deliberate wrong drafting to implicate with purpose to harass.
narendra
(Querist) 28 January 2015
In our d.v case lady has been denied maint;police officer who helped her with 498a is transfered. Only one person remaining to b punished is said Lawyer who helped frame case outside parameters of dv case
narendra
(Querist) 28 January 2015
I want technical details & steps to bring this to conclusion. No one should b allowed to go scott free so that justice is done
narendra
(Querist) 28 January 2015
Please guide me in the name of justice without fearing for consequences. Why should a LAWYER be above the law? should not he be reported if he acts out of greed or with intent to harass?
narendra
(Querist) 30 January 2015
!!!!???? Chup hai deewar ki tarah saaye. Itna sannata kyon hai bhai...arey lawyer to justice dilane wale hone chahiye na ki chup rehke tamasha dekhne wale!!
T. Kalaiselvan, Advocate 
(Expert) 31 January 2015
What is the grievance you have against the lawyer community?, his lawyer might have gone against your interest but you have to prove that he has done injustice to you or done any crime against you. If he has filed a case on behalf of his client, it is his duty to do so when the client approached him for relief. If the case is not maintainable the court would not have taken it into its file. Further, if you say that the case is full of false and untenable allegations, you have an opportunity to challenge it in the court. A judgment will not be delivered before hearing both the sides. You cannot seek suggestions to seek vengeance against anyone (be it a lawyer or a common man)to satisfy your personal grievance against that individual on such public portals like this.
narendra
(Querist) 31 January 2015
Dear sir
I have no grudge against lawyer community. We r being represenred by an honet lawyer.
Just like there are rogue police there r rogue lawyers so i want to know how to punish such lawyer
Thanks
narendra
(Querist) 31 January 2015
And just for yr info in begining he threatened us like a Goonda and he was careful to use lady's mobile.
As i said he is her friend and so drafting cases outside parameters to harass us.
So conaidering he is rogue what recourse available??
prabhakar singh
(Expert) 31 January 2015
YOUR QUERY:I SERIOUSLY WANT TO KNOW HOW TO PUNISH THIS LAWYER and what RECOURSE IS AVAILABLE TO US?"
ANSWER!
AVERMENTS MADE IN PARTIES PLEADINGS ARE VERIFIED BY PARTIES THEMSELVES AS TO BE TRUE
TO THEIR PERSONAL KNOWLEDGE AND BELIEF AND LEGALLY NO ATTRIBUTION OF ANY FALSEHOOD CAN BE CHARGED UPON LAWYER OF THE PARTY.
narendra
(Querist) 31 January 2015
So are we saying that lawyers are above the law? There is no recourse availabe against a rogue lawyer? Come on guys; lets b specific please
prabhakar singh
(Expert) 31 January 2015
Come on guys; lets b specific please!
UNLESS ONE GIVES YOU AN ANSWER YOU LIKE,YOU CAN NEVER ESTIMATE HIM SPECIFIC.
IF YOU UNDERSTAND THAT LAWYER AT FAULT ON FACTS STATED THEN FILE A COMPLAINT BEFORE CONCERNED STATE BAR COUNCIL FOR WHICH THERE IS NO BAR BUT THE AXT COMPLAINED OF IS CERTAINLY NOT PROFESSIONAL MISCONDUCT.
I REQUEST YOU HUMBLY NOT TO USE SLANG HERE.
narendra
(Querist) 31 January 2015
Thank you. I hv not used any slang pkease
T. Kalaiselvan, Advocate
(Expert) 31 January 2015
This is not an advocate held responsible, it is the party who signs after verifying the pleadings can be held responsible that too after court finds the opponent to have done the mistake before that you cannot claim that, instead you can always challenge the case and prove it to be wrong and malicious.
narendra
(Querist) 01 February 2015
Okay I will make an final attempt to rephrase and ask question another way:
Since you are a LAWYER and you know LAW and YOU ALSO KNOW that in a Domestic Violence cases only SHARED HOUSEHOLD MEMBERS can be included but if still while drafting the case you include MEMBERS FROM ANOTHER CITY and MEMBERS WHO ARE NOT PART OF HOUSE then do you still SAY THAT AS A LAWYER YOU ARE NOT RESPONSIBLE FOR DRAFTING CASE WITHIN PARAMETERS OF THE SAID CASE?
WHEN the lady LISTS ALL MEMBERS , DO YOU NOT QUERY HER IF THESE MEMBERS ARE PART OF HOUSEHOLD?
DO YOU NOT ASK HER RELEVANT QUESTION TO ESTABLISH if these MEMBERS CAN BE INCLUDED Or that LADY
in QUESTION IS USING THESE NAMES JUST TO HARASS THEM?
AS A LAWYER ARE YOU NOT SUPPOSED TO DRAFT THE CASE SO THAT OTHER MEMBERS ARE NOT UN NECESSARILY HARASSED?
AT LEAST AS A LAWYER YOU ARE SUPPOSED TO POINT OUT THAT INCLUDING MEMBERS OTHER than the required as per the specific case may CREATE TROUBLE FOR APPLICANT.
BUT IN OUR CASE since the lawyer is know to lady since childhood he is going out of way to harass us and so he is specifically acting as a ROGUE as is in this case.
That is why I wanted to know when you have such cases of LAWYER acting in a specific mannerjust to harass some one then WHAT IS THE RECOURSE AVAILABLE?
THanks and this is MY LAST ATTEMPT TO GET THE ANSWER.
