Advocates act
Milap Choraria
(Querist) 04 April 2014
This query is : Resolved
If my opponent makes false statement in his affidavit. Can I write a letter to his Advocate to verify truthfulness of such false statement, in compliance of his professional duty to ask his client to follow the truth otherwise release his case if his client not ready to follow truth?
Guest
(Expert) 04 April 2014
Please do not write any thing to other side advocate.Justify your stand in court with the help of your advocate.As a doctor who knows his patient the advocate will also know whether his client is genuine or not still they defend them.We should wait for the time when the advocates would take a stand not to defend a wrong person and presently it is not practical in our country.
Dr J C Vashista
(Expert) 05 April 2014
Ms. Mehar afsan Ibrahim is very right, I agree. Moreover, instead of approaching opposing counsel, wait and watch. When you become sure that the opposite party (and not the counsel) has made false statement obtain certified copy and apply to the court for initiating a case u/s 340 Cr. PC
Devajyoti Barman
(Expert) 05 April 2014
No, you can not. The advocates's duty is to represent the client as per his instructions. He has no business to unearth the truth on his own.
Such letter sent by you would be an attempt to breach his professional duty.
Rajendra K Goyal
(Expert) 05 April 2014
Approaching or writing opponent lawyer is unethical and not advisable at all. Let the position be revealed through court.
Milap Choraria
(Querist) 05 April 2014
Many many thanks to all for very logical and legal advice.
T. Kalaiselvan, Advocate
(Expert) 06 April 2014
I agree with Ms. Ibrahim's opinion on the subject, you cannot do anything that way with the opposite counsel, if you have any grievance, you may contest it through the same court only.
Advocate. Arunagiri
(Expert) 06 April 2014
You have no right to advise the other side advocate. If the affidavit contains false statements, wait for your turn. Let them file in the court. And then you file a case of perjury on the deponent.
V R SHROFF
(Expert) 06 April 2014
Everybody knows, Affidavits in Court are False statements on Oath!!!!!!
You need to prove in cross examination that it's are false..
You filed a complaint dated 27th September, 2010 against three Advocates from West Bengal, before Bar Council of West Bengal.
NOTHING HAPPENED???
YOU WERE CHARGED " U ROBBED THEM IN COURT PREMISES::
i UNDERSTAND , IT WAS sUNDAY, AND COURTS WERE CLOSED, AND COMPLAINTS WERE TOTALLY FALSE...
bUT U NEED TO PROVE IT.
ADVOCATE IS DOING THEIR JOB, LIKE BHISMA PITA, AND HAVE TO SUPPORT THEIR CLIENT..DUTY BOUND!!
It's Law of Land.
Advocates are tools, used by Client to get their motive/ Objectives.
Judges have to decide on Evidence, false or true..
It is our Judicial system, and u cannot blame Advocate for it..
U R suffering, as u r not practical..
Life is mixture of truth and lies
Khatta & Mitha, a TASTY LIFE.
JUST ACCEPT IT AND ENJOY IT .
Otherwise what is the Objective of Life?? Why we are alive, why don't we jump in sea, as the whole world is dishonest, and all tell lie often!!!on AFFIDAVIT TOO...
Think it over, change to be practical, instead of suffering to prove truth..
God always give justice.
Court is not a place to get natural justice..
Wait and watch, how they are punished by God!!
