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rashok (n/a)     05 November 2007

Time to think

In Chennai courts the Advocate who appeared for an accused for filing an bail petition reagrding an theft case,the bail was refused and then advocate by joing with collegues had made an assault to the Judge and other officials of the court.The anger shown on Judge makes each and every advocate shame ,including lawstudents.

Is this the way to behave. so i  am seeking advice from learned advocates where the problem starts and the remedy to sortout regarding this issue.It may be more useful to the forthcoming young advocates.

So please each  and every advocate in this forum have to post an reply regarding this issue.

Regards,

cholashree.


Learning

 5 Replies

SanjayVarun (n/a)     05 November 2007

No wonder the standard of 'bar' in TN is declining rapidly and nothing 'official' about it. Same is the case in other States. Time is ripe to issue strict guidelines for grant of membership. Mere degree should not suffice. Something more should be asked from the candidate and must be strictly adhered to. This can be in the form of a clause that ""any act of rioting/group violence/strike on the part of member shall entail the Association to immediately suspend the license of the member to practise"" or ""shall cause the name to be removed from the list of its membership till further enquiry"". Clauses, perhaps, may be exisiting. It is just a case of Assoc. turning blind eye!

Even while offering membership, candidates should be put to a strict test but the Bar is only concerned with money.

Prakash Yedhula (Lawyer)     06 November 2007

Now a days many of the advocates are only looking upon quick money. They do not have the patience to learn and then earn. As money could be made so easily even without knowing any provision of law, these advocates tend to indulge in third degree methods for making money. Since corruption has become rampant in lower judiciary, these advocates tend to buy justice for the sake of money. And when some judges do not indulge in corrupt practices, these advocates are not in a position to earn money and get frustrated. I feel that unless a corruption free judicial system prevails, these things would happen every now and then. 

The other factor major and worrying factor is that many advocates think that they are above law and that they could byepass the same. Unless this attitude changes, we have to face even more such problems. 

SANJAY DIXIT (Advocate)     06 November 2007

I think bar & bench are equal liable for the present situation.
As suggested by one of our sr collg., I do not agree. All judicial officers are also not with clean hands at present. Many times honest, sincere & hard working advocates come into frustation for the position created by the judicial officers.

Bhaskaran Advocate (Lawyer)     08 November 2007

Hi friend,

At the outset it may look as atrocious the beating of a Magistrate.

Just because a bail was not given this was not necessary.

But I think there could be something more with these Magistrates.

I practise in Bangalore and I find many of the Magistrates here taking bribes and then deciding the cases.  I myself fell victim to these type of Magistrates.  I put a hold to myself to complain against them fearing backlash from other Magistrates which may go in a long way in loosing my other cases too.

But one Magistrate has already been transferred and one more to go.

I am thinking a right time to complain against him.

Maybe the lawyers who took to voilence at Chennai might have sufferred before in other cases too.  Hence they beat the Magistrate.  Let the real truth come out there.

One advice to lawyers community and what I have learnt is if we are not liked the Magistrates do do some tricks on us.  For example even if we are present the order sheet shows that we are absent.  I have seen this types of writings by the Magistrates.  It is better we apply for certified copies of order sheets always and be alert against these types of tricks.  Taking this as caution we have to immediately file a memo for transfer of our cases to some other court.

With regards. 

 

 

 

rashok (n/a)     10 November 2007

Dear sirs,

       Thanks to everyone for your valuable views regarding the issue. This issue makes each and every lawprofessional as shame and shy.Is there any remedies to overcome such issues in the near future.If so,please make an valuable posts so that each and everyone can understand the reality of the problem.

    Thank for your interest shown regarding this issue.

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