Section 35 Advocates Act


The advocate for the opposite party made submissions in Delhi High Court ( in re CM(M) 378/2009) during the course of arguements and spoke white lies on facts in clear/sharp contradiction with the facts stated on oath by his client in the court earlier in the same case. Based on his false submissions and without going through the records of the case, the court passed an order which it would not have otherwise passed had it not been misled/misrepresented by the advocate of my opposite party. Thus, the advocate succeedeed in his evil design in procuring a favourable order suiting him/his client by misleading/bluffing the court.
 

Whether an application lies to the Bar Council of Delhi by me for taking desciplinary action against the advocate under the Advocates Act, this being a case where advocate has committed professional misconduct in so far he has misled the court ( and thereby has failed in discharging his duty to the court as as an officer of the court it was his paramount duty towards the court to avoid any action that might mislead the court)  and that he has not been fair to his opposite party (i.e. me) too in the case ?

In view of the Rule 4 of the Bar Council of India rules, does not this act of the advocate for the opposite party make him liable for professional misconduct/ an action under section 35 of the Advocates Act by the Bar Council of Delhi?

Against this order of the Delhi High Court, I went to Supreme Court too, but my SLP was dismissed in Limine. What other remedies do I have now ?

 
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NA

By the way, what was your advocate doing in the face of white lies of the opposite party? Didn't s/he raise objection/s then and there?

 
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I reside in Assam, 2500 KM away from Delhi. I do not know whether my advocate was present or not at the time of hearing. However, he told me that he was not allowed to be haerd by the court after the submissions were made by the opposite counsel. I was helpless in the matter.

 
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Reply the question Ambikaji. Dont ask question.

 
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My advocate as well as many other advocates at Delhi whom I know and with I have communicated on the topic have told me that though great injustice has been done to me, nothing can be done agianst the erring OP or his advocates and that there is no remedy available to me.

 
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POWER OF DEFENSE IS IMMENSE

Normally such things happen and you can not blame the advocate. It is also the perception of the court on evidence and records which may be defferent from your personal opinion.

If you have conviction go in appeal.

In the case of Sen sessions court awarded life prison and high court upheld it , while the Supreme court held that there is no record even to file a case. So what you will say.

 

 
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    Do not any one think that a contempt of court case shall lie against Justice Dhingara in this case for committing contempt of his own court in so far as he, without referring the records of the case and without going through the same and simply on the basis of the false/misleading/deceptive/contradictory submissions of the advocates of the OP on facts ( which were in sharp contradiction with the submissions made by the OP on oath before the court) passed an order in favour of the OP?</p>
<p>
    Should the&nbsp; JUDICIAL ACCOUNTABILITY be refused to the people of this country?</p>
<p>
    If any one is interested, I can send the softcopy of the entire case for his study and advice. I am confident that this shall be a landmark case from even the academic point of view.</p>
<p>
    I am an advocate and I am suffering since last a few decades due to the abuse of the process of law. If I am helpless, I do not know how many innocent people without a legal background might be suffering for such abuses.</p>
<p>
    Can we go to form a FORUM AGAINST THE ABUSE OF PROCESS OF LAW by the unscruplulous people.</p>

 
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I had filed an SLP against the said order, but the same was dismissed by SC without granting me/my advocate any opportunity of hearing.

I had also filed a complaint u/s 35 of Advocates Act before Delhi Bar Council vide Complaint case no. 31/2011 whereupon I was demanded as many as 30 copies of the complaint as well as the documents. Hearing took place on 9.5.2011 whereupon my attorney was told by the Bar Council that my complaint to the Bar Council is not tenable as I could file a complaint for the professional misconduct of my advocate only. I can not file a complaint against the advocate of the OP for the professional misconduct of his.

I had also filed a complaint in Delhi High Court against the OP and his advocates for the offence of the criminal contempt of the court by them. My complaint has also been forwarded to the Delhi High Court for necessary action by Deaprtment of Law, Justice & Legislative affairs, Govt of NCT, New Delhi. But I have been told by me fellow advocates that this complaint to the Delhi High Court is not likely to be entertained.

A situation of TOTAL HELPLESSNESS is there. Can any one guide me as to what should be done in the matter ?

 
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What would have been the option left with a man of the status of Mr. Vinayak sen ( who is Vice President of Peoples' Union for Civil Liberties) had the SC confirmed the verdict of the HC.

 
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UNEMPLOYED

I went to Supreme Court too, but my SLP was dismissed in Limine

 

---   IN LIMINE MEANS YOU SUBMITTED YOUR PETITION AFTER THE EXPIARY OF THE TIME LIMIT.

AS YOUR PETITION SUBMITTED LATE BY YOUR ADVOCATE, AND DISMISSED ON THAT GROUND, CHECK THE PETITION, WHATHER CONDONATION OF DELAY IS THERE OR NOT, IF IT IS THERE HOW STRONG IS THAT?

 
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