bharat khatwani
01 September 2024 at 10:39
Pl. opine...Pl. provide supporting court ruling to support your views......Validity of Legal Notice**: The notice must be clear and precise, providing sufficient information for the recipient to understand the claims being made against them. It should ideally state the reasons for the notice and the evidence upon which the claims are based. A notice that is vague or lacks necessary details may not fulfill the requirements of legal adequacy, potentially leading to the dismissal of any subsequent legal action based on that notice.
2. **Intention to Go to Court**: The absence of a statement regarding the intention to pursue legal action can also render a notice ineffective. The purpose of a legal notice is to inform the recipient of the impending legal action, allowing them an opportunity to respond or settle the matter before litigation is initiated.
In short a legal notice that lacks supporting documentation or fails to mention the intention of court action may be considered invalid, as it does not provide the necessary information for the recipient to prepare a defense or respond appropriately.
bharat khatwani
28 August 2024 at 17:59
REPOSTING IT BECAUSE IT WAS MARKED RESOLVED BY MISTAKE BY ME.......I have received a legal notice from my tenant demanding an outrageous sum equivalent to 150 years' worth of rent for repairs. The notice also attempts to pressure me into carrying out additional major repairs, alleging that the property is unsafe for habitation. It even states that I would be held responsible for any accidents or fatalities due to the condition of the house. Interestingly, the notice does not threaten legal action, but the tenant's lawyer has asked me to meet with the tenant. In response, I sent a formal reply, asking both the tenant and their advocate to withdraw the notice, but I have received no response. I suspect this is a deliberate tactic by the advocate to force me into litigation, wasting my time and money, or to pressure me into paying the tenant. However, I have chosen a different approach. I plan to take the matter up with the Bar Council, filing a complaint against the advocate for violating Rule 4 and Rule 5 of the Bar Council's Conduct Rules. I have been informed that no advocate has ever been penalized for breaching these rules. Is this truly the case?
Read more at: https://www.lawyersclubindia.com/experts/is-legal-notice-part-of-judicial-legal-process--760616.asp
bharat khatwani
25 August 2024 at 09:53
I am preparing to lodge a formal complaint with the Bar Council against an advocate who sent me a legal notice on behalf of my tenant, demanding an amount equivalent to 150 years' rent for repairs and renovations. A large portion of this expense is time-barred, as it refers to a supposed oral agreement made 25 years ago with my late father, after which the tenant remained silent until now. Despite my reply to the notice—clarifying that the claims are baseless and requesting a withdrawal—I have received no response. I intend to proceed with the complaint even though I am aware that the Bar Council has historically not penalized advocates for refusing to withdraw baseless legal notices. Here are some defenses I anticipate from the advocate: Good Faith Defense: The advocate may argue that they acted in good faith based on the tenant’s instructions and were unaware of any fabrications or violations of Rules 4 and 5 of the Bar Council. Client's Instructions: They might claim they are not responsible for verifying the accuracy of the client’s claims and are simply representing their interests, suggesting that they should not be held liable for potential fabrications. Ambiguity in Rules: The advocate could challenge the interpretation of Rules 4 and 5, arguing that there is no clear precedent that directly applies to this case, thus weakening my claims of professional misconduct. Lack of Precedent for Penalties: The advocate might highlight that no one has been penalized under these rules in the past, attempting to downplay the seriousness of the allegations. I would greatly appreciate your insights on how to effectively counter these defenses. Any suggestions for strengthening my case or additional angles I could explore would be invaluable. Thank you in advance for your guidance. P.S. I want to check out response of multiple advocates, so do not chose RESOLVED option after airing your views.
P.S.
With love to Mr.Kalaiselvan,
I must clarify that I did not intend for the matter to be marked as RESOLVED after your comment. My goal is to gather diverse perspectives from multiple advocates and explore all possible angles before finalizing my course of action.While I respect your opinion, I believe that stifling further discussion by marking the query as resolved prematurely prevents other advocates, who may
have valuable insights, from sharing their views. I would kindly request that you refrain from marking the issue as resolved, especially if you do not agree with the line of inquiry. Instead, I encourage open dialogue to help me fully understand the legal landscape I am navigating.
Legal matters can be complex and nuanced, and differing viewpoints are not only welcome but necessary for me to make informed decisions. I trust that you understand the importance of allowing a free exchange of ideas on such platforms.
bharat khatwani
25 August 2024 at 08:02
I am preparing to lodge a formal complaint with the Bar Council against an advocate who sent me a legal notice on behalf of my tenant, demanding an amount equivalent to 150 years' rent for repairs and renovations. A large portion of this expense is time-barred, as it refers to a supposed oral agreement made 25 years ago with my late father, after which the tenant remained silent until now.
Despite my reply to the notice—clarifying that the claims are baseless and requesting a withdrawal—I have received no response. I intend to proceed with the complaint even though I am aware that the Bar Council has historically not penalized advocates for refusing to withdraw baseless legal notices.
Here are some defenses I anticipate from the advocate:
Good Faith Defense: The advocate may argue that they acted in good faith based on the tenant’s instructions and were unaware of any fabrications or violations of Rules 4 and 5 of the Bar Council.
Client's Instructions: They might claim they are not responsible for verifying the accuracy of the client’s claims and are simply representing their interests, suggesting that they should not be held liable for potential fabrications.
Ambiguity in Rules: The advocate could challenge the interpretation of Rules 4 and 5, arguing that there is no clear precedent that directly applies to this case, thus weakening my claims of professional misconduct.
Lack of Precedent for Penalties: The advocate might highlight that no one has been penalized under these rules in the past, attempting to downplay the seriousness of the allegations.
I would greatly appreciate your insights on how to effectively counter these defenses. Any suggestions for strengthening my case or additional angles I could explore would be invaluable.
Thank you in advance for your guidance. P.S. I want to check out response of multiple advocates, so do not chose RESOLVED option after airing your views.
bharat khatwani
25 August 2024 at 07:30
I need details of case in which Bar Council has penalized any advocate for violating Rule 4 and 5 of the conduct rules. I am ready to pay.
bharat khatwani
23 August 2024 at 09:00
I am going to lodge complaint against advocate in bar council.Read draft,act like accused advocate and present your defence,it will help me in improve my draft. To: The Chairman, Bar Council of India
21 Rouse Avenue, Institutional Area,
Near Bal Bhawan, New Delhi - 110002
Date: [Insert Date]
Subject: Formal Complaint and Request for Disciplinary Action Against Advocate [Advocate Name] for Professional Misconduct
Respected Chairman and Members of the Bar Council,
I, ********, hereby lodge a formal complaint against Advocate [Advocate Name] for serious professional misconduct. I request urgent intervention from the Bar Council to uphold the dignity and integrity of the legal profession.
1. Context of the Complaint:
In 1978, my father rented out a house located in the ******* area, to Mr. ******. As per the agreement (compromise) reached in court, the rent was fixed at ₹300 per month, and the tenant was responsible for any future increases in municipal taxes. However, the agreement mistakenly omitted mentioning the Mehsul Tax. To address this, it was mutually agreed that the tenant would pay municipal taxes, while my father, the landlord, would be responsible for Mehsul Tax. This arrangement continued even after my father's passing. Legal notice sent to me also confirms that rent was 300 + municipal taxes.In 2019, to curb my tenant's habit of late payments and frequent demands for money for repairs, I requested him to start paying rent by cheque. Unfortunately, even this approach didn't lead to any improvement. My bank passbook confirms that he hasn't sent any cheques since the one for ₹3600 in January 2019.
On July 2nd, 2023, the tenant visited me and claimed to have spent money on installing new sewage and water pipelines. He also demanded rent receipts for the money spent by him but failed to provide any supporting bills or vouchers. Although this demand was not in line with the Rent Act and he hadn't sought my permission before incurring this expense, I still requested him to present the bills/vouchers and a copy of the application submitted to the Municipal Corporation for the new connections.This request apparently upset him, and he sent a letter dated August 11th, 2023, along with a cheque for ₹3600. In the letter, he vaguely mentioned filling a large cavity measuring 10' x 5' x 6' deep, but again, without any documentation. He also demanded that I undertake major repairs, claiming the house was unsafe to live in. Additionally, he tried to pressure me by stating that I would be held personally responsible for any fatality.Since the occurrence of a cavity in a pucca (well-built) house is highly unusual, I requested him, on September 10th, 2023, to provide details of the pipe installation (which he omitted in his letter) to help identify the cause of the cavity. An abnormally large cavity has the potential to cause significant damage to the structure, so this information was necessary.On [Insert Date], I received a legal notice from Advocate [Advocate Name], filled with falsehoods and baseless allegations. These include exorbitant repair costs, fabricated claims regarding rent deposits without receipts, and other unsubstantiated assertions. Below are the specifics of these spurious claims and my refutations:2. Specific Allegations of Professional Misconduct:
2.1 Inclusion of Time-Barred Claims:
The notice asserts that the tenant incurred expenses of Rs. 4,00,000/- on renovations in 1999, based on an alleged oral agreement with my late father. These claims are clearly barred by the Limitation Act, 1963, and lack any legal standing.
2.2 Pushing Unsubstantiated Claims:
The legal notice introduces claims never previously mentioned, including in a letter dated 10th August 2023, which predates the notice. No evidence or documentation has been provided to substantiate these new allegations.
2.3 Ignoring Contradictory Conduct of the Tenant:
Despite the alleged oral agreement, the tenant continued to pay rent without dispute for 24 years, which inherently contradicts the current claims.
2.4 Suspicious Timing:
The tenant purportedly undertook repairs without my knowledge or consent. Following my letter dated 10th September 2023 raising concerns, a legal notice was strategically issued to undermine my position.
2.5 False Claim of Rent Deposit:
The notice falsely alleges that the tenant deposited rent into my bank account without receiving receipts. This claim is unsubstantiated and contradicts the tenant’s earlier communication dated 10th August 2023.
3. Evidence of Fabrication and Misconduct:
A thorough review of all prior correspondence, including letters, emails, SMS, and other forms of communication, reveals no reference to these claims. This strongly indicates that the allegations were concocted as an afterthought to avoid addressing the legitimate issues I raised.
4. Deliberate and Malicious Conduct by Advocate [Advocate Name]:
Despite my detailed and comprehensive response refuting these baseless claims, Advocate [Advocate Name] persists in maintaining these falsehoods. This conduct is a clear attempt to obfuscate the truth and unjustly prolong legal proceedings.
Such behavior constitutes a grave violation of the professional conduct rules established by the Bar Council of India, specifically:
Rule 4: Advocates are duty-bound to refuse to act in any manner that is illegal towards the opposition.
Rule 5: Advocates must not represent clients who insist on using unfair means.
5. Broader Implications of Such Misconduct:
This is not an isolated incident. It reflects a concerning pattern where some advocates exploit legal loopholes to harass and intimidate individuals. Such conduct erodes public trust in the legal profession and undermines the rule of law.
6. Impact on the Complainant:
The unethical actions of Advocate [Advocate Name] have caused me immense emotional distress and financial hardship. The constant threat of baseless litigation has led to anxiety, sleepless nights, and unwarranted legal expenses.
7. Prayer:
In light of the above, I humbly request the Bar Council of India to:
Initiate a thorough investigation into the professional misconduct of Advocate [Advocate Name].
Impose appropriate disciplinary measures to deter such unethical practices in the future.
Implement systemic reforms to address the broader issues that enable such misconduct, including stricter oversight and clear guidelines for verifying claims made in legal notices.
Mandate that courts report any advocate misconduct to the Bar Council for immediate action.
8. Conclusion:
I trust that the Bar Council will take prompt and decisive action to uphold the sanctity of the legal profession and restore public confidence in our justice system.
Thank you for your consideration and anticipated action.
Yours sincerely,
*******
bharat khatwani
08 August 2024 at 07:50
Following post was posted here a while ago.I request you to revisit same and opine.....don't you think that advocate had violated rule 4 and 5 of guidelines of bar council by sending legal notice????.....Rule 4: Play Fair with the Other Side
Lawyers (advocates) must follow the law and keep things fair for everyone involved in a case. This means they can't do anything illegal or unethical against the other party. Examples include:
Making up fake evidence
Tampering with what witnesses say
Personally attacking the other side
Rule 5: Client Says Jump, You Say "Hold On..." (Sometimes)
Lawyers have to fight hard for their clients (zealous representation), but they also get to use their own judgment. This means a lawyer can refuse to:
Take a case they believe is based on lies
Use arguments or tactics they think are unfair Anonymous (Querist) 20 September 2011This query is : Resolved THE HON'BLE HIGH COURT DISPOSED OFF A CASE RELATING TO THE ORDER OF DRT APPELLATE TRIBUNAL IN DISMISSING THE APPEAL FILED BY A GURANTEER. IN THE ORDERDTD.09.08.2011 PASSED IN THE PRESENCE OF THE COUNSELS OF BOTH SIDE, THE HON'BLE HIGH COURT SET ASIDE THE ORDER OF DISMISSAL WITH A DIRECTION TO BOTH SIDE TO APPEAR BEFORE APPELLATE TRIBUNAL ON 29.04.2011, ON WHICH DATE THE APPELATE TRIBUNAL SHALL FIX A DATE FOR FINAL HEARING OF THE APPEAL.IN THIS CONTEXT AND WHEN THE GURANTEER/ APPELLANT HAS NOT RECIEVED THE CERTIFIED COPY OF THE ORDER OF THE HON'BLE HIGH COURT IS IT LEGAL ON THE PART OF THE BANK ADVOCATE TO SEND A LEGAL NOTICE ON16.08.2011 TO THE GURANTEER EVEN ASSUMING THAT, THE BANK HAD INSTRUCTED HIM TO DO SO SPECIALLY WHEN THE ORDER OF THE HON'BLE HIGH COURT IS PASSED IN HIS PRESENCE. WHAT SHOULD BE THE LEGAL OBLIGATION OF THE ADVOCATE OF THE BANK IN SUCH A PECULIAR SITUATION?
Read more at: https://www.lawyersclubindia.com/experts/Legal-liability-of-an-advocate-while-sending-a-notice-231961.asp
bharat khatwani
27 July 2024 at 21:45
Dear Members of the Public,
The erosion of public trust in the legal system poses a serious threat to our democracy. A significant factor contributing to this erosion is the apparent disregard for existing ethical guidelines among some advocates.
The Problem: Baseless Claims in Legal Notices
I conducted an experiment on a legal forum (Pathlegal) to investigate this issue. I asked if an advocate would draft a legal notice for a bank robber's accomplice claiming an unfair share of stolen money. Disturbingly, most advocates showed no reservations. This indicates a failure to adhere to ethical standards despite clear guidelines.
Personal Experience
Recently, my tenant claimed INR 400,000 for renovations after 24 years based on an alleged oral agreement with my father in 1999. This claim contradicts the Statute of Limitations and lacks credibility. Unfortunately, such baseless claims are becoming increasingly common.
Ethical Concerns and Recommendations
To restore public trust, I urge the Bar Council to:
Review and Reinforce Existing Rules: Ensure guidelines are widely understood and adhered to. Develop campaigns to educate advocates on their ethical duties.
Enforce Disciplinary Measures: Implement stricter consequences for violations, including warnings, suspensions, and potential disbarment for repeated offenses involving baseless claims. Enhance the capacity of disciplinary committees to act promptly.
Promote Ethical Advocacy: Strengthen guidelines to prevent frivolous lawsuits. Implement mandatory continuing education programs on ethical conduct.
By taking these steps, the Bar Council can deter unethical practices and reduce frivolous lawsuits, leading to a more efficient and just legal system.
Support the Petition
I have uploaded this petition at Change.org. Please support it to help establish the rule of law and restore public trust in our legal system.
Read more at: Lawyers Club India
Thank you for your support.
Sincerely,
Bharat Khatwani PS. This is being reposted to make sure that it is not ignored just because it was anonymous.
bharat khatwani
27 July 2024 at 21:32
After reading the responses to my issue on this forum and consulting several advocates, it is now clear that it is a common strategy to send baseless legal notice and stop paying rent to force landlords to file cases and waste 10 to 15 years in legal battles. This practice will continue until an advocate is punished for sending baseless legal notices. Therefore, I have decided to ask the Bar Council to take action against the advocate. I need help to present my case before the Bar Council properly, and I am seeking the assistance of ethical advocates.I am willing to pay for it.. To: Bar Council of India, New Delhi. Pl. suggest corrections to improve this draft. Date: [Insert Date]
To:
Bar Council of India
New Delhi
Subject: Complaint Against Advocate [Advocate Name] for Professional Misconduct
Dear Members of the Bar Council,
I am writing to formally lodge a complaint against Advocate [Advocate Name] for serious professional misconduct.
On [Date], I received a legal notice containing false and unsubstantiated claims. Specifically, the notice alleges exorbitant repair costs amounting to a sum equivalent to 150 years' rent, false claims of rent deposits into my bank account without supporting receipts, and other unfounded accusations.
Specific Claims and Refutations:
Time-Barred Claim: The notice asserts that the tenant spent Rs. 400,000 on renovations in 1999 (equivalent to 120 years' rent) and claims there was an oral agreement with my father for reimbursement. However, such an agreement made in 1999 is time-barred under the Limitation Act, 1963.
Unsubstantiated Claim: There has been no mention of these renovations or the alleged agreement in any prior communication, including a letter dated 10/08/2023, or any electronic messages.
Uncorroborative Claim: Despite the alleged oral agreement, the tenant continued to pay rent without dispute for 24 years, which contradicts the current allegations.
False Allegations of Rent Deposits: The notice further alleges that the tenant deposited rent into my bank accounts without receiving receipts. This is a fabrication, as there was no such claim about missing receipts in the tenant's prior letter dated 10/08/2023, which was written just before the legal notice.
Evidence of Fabrication:
It is pertinent to highlight that the claims asserted in the legal notice are conspicuously absent from the tenant's letter dated 10/08/2023, which predates the legal notice. Moreover, a thorough review of all prior communications, including WhatsApp messages, emails, SMS, and letters, reveals no mention of these allegations. This glaring inconsistency strongly suggests that these claims were fabricated after the fact.
Advocate’s Conduct:
Despite receiving my comprehensive response refuting the unfounded allegations, Advocate [Advocate Name] has persisted in maintaining the legal notice containing these baseless claims. This demonstrates a deliberate disregard for the truth and a calculated attempt to prolong the legal proceedings. By fabricating these spurious claims and obstructing the resolution of this matter, the advocate has shown a clear pattern of misconduct.
Furthermore, the absence of delivery receipts for multiple letters sent to both the tenant and the advocate underscores the advocate's active involvement in this deception. When I attended a few court sessions in person, I learned that this is a very old trick adopted by crafty advocates because courts usually treat it very lightly. This behavior strongly suggests that the advocate is not merely acting on the client's instructions but is a willing participant in this misconduct.
Violation of Bar Council Guidelines:
Advocate [Advocate Name]'s actions clearly violate the Bar Council of India's guidelines on professional conduct and etiquette, specifically:
Rule 4: Refuse to act in an illegal manner towards the opposition. By persisting with false claims and obstructing the resolution of the matter, the advocate has acted in an illegal and improper manner.
Rule 5: Refuse to represent clients who insist on unfair means. The advocate has continued to represent the client despite knowing the claims are unfounded, indicating a willingness to use unfair means.
Impact:
This misconduct by Advocate [Advocate Name] has caused me significant emotional distress and financial hardship. The constant threat of legal action based on fabricated claims has caused me considerable anxiety and sleepless nights. I am constantly worried about the potential financial burden and damage to my reputation if these false allegations are not addressed swiftly.
The legal notice has already caused financial strain. I have had to incur expenses for consulting with a lawyer to prepare a response to these baseless claims. Additionally, the potential for a prolonged legal battle looms large, which could result in significant legal fees and court costs. This financial strain adds to the emotional stress I am experiencing.
Attachments:
I have attached copies of the legal notice, my response, and supporting documentation for your review. It confirms that the entire legal notice sent by the advocate is flawed and violates Bar Council guidelines.
Request for Action:
I request that the Bar Council conduct a thorough investigation into this matter and take appropriate disciplinary action against Advocate [Advocate Name]. By taking decisive action, the Bar Council can send a strong message that unethical practices will not be tolerated.
I am committed to working with you and stand ready to provide any further information or clarification required.
Thank you for your prompt attention to this serious matter.
Sincerely,
Bharat Khatwani
573, Jawahar Colony P.S. Previous post was posted as anonymous so reposting it with my name for better response.
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Legal notice content
I am looking for rulings or authoritative case law that establish the principle that a legal notice must not only be properly served but should also be backed by a legitimate basis and a clear intention to pursue the matter legally. Specifically, I seek rulings where courts have emphasized that notices sent without a genuine legal basis or intention may be deemed baseless, frivolous, or premature, leading to adverse consequences for the party issuing such notices.
If you could point me toward any judgments or provide references to case law that support this view, it would be highly appreciated. I am particularly interested in rulings where the lack of substantive claims or intention in legal notices was a factor in the court’s dismissal or criticism of such notices.
Thank you in advance for your insights!