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Srinivas (.)     03 August 2014

Can i take action against lawyer

Hi All, My sign forged by my lawyer, he signed on compromise petition and vakalat and other petitions submitted in court. When he asked my signature on vakalat but I put on my hand paper but I didn’t sign on that paper and I told him  to prepare petition and after going through I will sign on that vakalat but he signed my signature and filed in Court? Now he is not responding my calls and messages. He is completely supporting to my in laws.

 1)      Please advise what action can I take now? Can I report in bar council but I checked in Bar council but he didn’t enrolled.

2) My lawyer staying in 'X' Place and Am staying in 'Y' Place. Can I report 'Y' Place bar council ? Please advise..Thanks to all…



Learning

 3 Replies

Tajobsindia (Senior Partner )     04 August 2014

To do complete justice to alleged to be a fellow ld. brother I see your query should not be replied at all.

 


Reasoning:
Your score card says 483 earned points which translates into some 241 questions and answers participation by yourself in a Legal Forum cutting across Advocates / general litigants here and also shows that you participated in answering some LEGAL QUERIES too, YET today you come up here and say to me that the Advocate you hired was not even Member of the Bar? That is some short changed due diligence you did all these time being in the forum.


However,
remedy for your type of queriests of this forum now is to appear before same Court on next date of hearing and orally make complaint before ld. Judge to withdraw the compromise submissions in case file and Law will take its own Course instead of time passing more in legal forums trying to find answers for your own mistakes i.e. not to take Bar membership No. / Bar Membership ID Card xerox copy of a self hired Advocate.  

1 Like

stanley (Freedom)     04 August 2014

1. you can file a complaint with the Bar council . 

2. you can also file a complaint in the court u/s 468,471,415

 

Central Government Act
Section 468 in The Indian Penal Code
468. Forgery for purpose of cheating.—Whoever commits forgery, intending that the 1[document or electronic record forged] shall be used for the purpose of cheating, shall be punished with imprisonment of either de­scriptttion for a term which may extend to seven years, and shall also be liable to fine.
Central Government Act
Section 471 in The Indian Penal Code
471. Using as genuine a forged 1[document or electronic record].—Whoever fraudulently or dishonestly uses as genuine any 1[document or electronic record] which he knows or has reason to believe to be a forged 1[document or electronic record], shall be punished in the same manner as if he had forged such 1[document or electronic record].
Central Government Act
Section 415 in The Indian Penal Code
415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any proper­ty to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”. Explanation.—A dishonest concealment of facts is a deception within the meaning of this section. Illustrations
(a) A, by falsely pretending to be in the Civil Service, inten­tionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats.
(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.
(c) A, by exhibiting to Z a false sample of an article, inten­tionally deceives Z into believing that the article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article. A cheats.
(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.
(e) A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.
(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money. A not intending to repay it. A cheats.
(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.
(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.
(i) A sells and conveys an estate to B. A, knowing that in conse­quence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats.
 
As you are unable to tango with him drop him off and appoint another and better to go by Tajobs advise since getting into legal tangles involves time  and money . 

Dr R SHANMUGA SUNDARAMM (Advocate)     14 August 2014

I agree with the Tajobs advise


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