lissing perme
27 April 2012 at 16:20
Respect Experts,
Can PIO of State Public Service Commission denied/withhold the information(mark square in written exam by unsuccessful candidates) till the conduct of viva-voice of the successful candidates.
Pliz expained with relevant rule/law.
Thank's in advance
Anuj jain
27 April 2012 at 08:39
Yes, it is very much possible for a person to appear his own case in person or authorise any other person who is non-advocate to represent his case.
Explanation:-
THERE IS an old saying that it is the wearer who knows where the shoe pinches. So if you are an aggrieved or an affected party, and feel that you have a strong case to contest in the court of law, you are the better person who can plead the case and put forth your view point with authority, no matter whether you are an advocate or not. As a petitioner in person, you have a primary right to contest any of your civil or criminal case even without engaging an advocate.
According to Sunil Sethi, former president of Jammu Bar association, it is not necessary at all for a petitioner to engage a lawyer. In fact, an advocate is just a substitute and under order Three of Civil Procedure Code, an advocate is an attorney - a person appointed to act for the petitioner.
Sethi says that to appear in person in the court, one doesn’t require a law degree at all. “Even the petitioner can engage another person to plead the case. That other person also doesn’t require to be a lawyer. Simply, in such a case the permission of the court is required.
If a petitioner doesn’t have resources to engage a lawyer or cannot also plead of his own, in such case, he can approach Legal Aid committee who can engage an advocate for the petitioner on government expenses. These Legal Aid committees are at district level (headed by Sessions Judge) and at state level, headed by a judge of a High Court.
Sethi says that if a person wants to plead the case of his own, he doesn’t need to put on an advocate’s uniform. Further, if he can not write the writ petition, the same can be drafted by engaging an advocate, but the case in the court can be pleaded by the petitioner himself, if he wishes so.
It is not also necessary to engage an advocate for the entire case till it comes to its logical conclusion. “Even the petitioner has the right to change the advocate and engage another at any stage of case, opines senior Jammu and Kashmir High Court advocate SS Anand Lehar.
Dwelling upon criminal cases, Lehar says that no trial begins before an accused is given an opportunity to engage a lawyer. In case the accused is not in a position or doesn’t want to engage a lawyer, the court is bound to give him the services of an ‘Amicus Curie’- an advocate who will be asked by the Court to represent the case and the money for the same will be borne by the court.
If the accused neither engages the advocate nor takes the services of ‘Amicus Curie’, the Judge will be in that case himself examining the witness. Even the accused himself has the right to cross-examine the witnesses.
While giving reference of the law, Lehar says that under Article 21 of the Indian Constitution (seeking safeguard of life and liberty of an individual), even a foreigner can approach Indian Courts and that too without an advocate. Even those who have illegally come to India or detained after crossing the border, can seek justice under this provision and can plead for liberty if detained beyond the period of detention.
So the next time, when you are engaged in any legal dispute, be it a consumer case, a civil or a matrimonial dispute, if you are sure that you can plead the case of your own, you have the right to appear before the judge - but remember, maintaining the dignity of the court is everybody’s prime duty.
kalpana
25 April 2012 at 20:30
my query is action was initiated under the standards of weights and measures act against which a writ petition was filed. the same is pending. now a new enactment has come replacing the old act. now which act will apply to a pending case. case law on this would be appreciated.
Ranganath
25 April 2012 at 17:01
Ld Counsels,
IS there any time limitation in challenging the order passed by state information commission in a writ petition before the High Court.
What will be criteria for condoning if any such delay in filing.
Thanks.
Samapti Roy
24 April 2012 at 15:41
Right to getting bail in bailable offence is it a fundamental right under art 21 of Indian Constitution?
Ranganath
22 April 2012 at 10:37
Ld COunsels,
Single judge of HC dismissed the quash petiton filed u/s 482 of CrPC. Can this order be challenged before the division bench of HC under Letters Patent writ appeal.
shakthivel
19 April 2012 at 19:47
A Bangalore based Session Court had acquitted both the accused persons finding there4 was insufficient / no grounds to prosecute and punish them.
But the State Government preferred appeal after a lapse of about 4-5 months beyond the permisible time specified for appeal in the High Court. But the Judge at the High Court, automatically and even without bothering to hear the rewspondents had granted SLP by condoning the delay.
And now that there is a plesant news that the Hoble Supreme Court of India has stated that no special treatment be shown to govt. appeals and contrarily govt. appeals have to be treated at par with any other appeals.
Under these circumstances, can we seek remedy from the Hon`ble Sureme Court seeking tSC to quash admission of appeal by the High Court by grating condonation of delay. This case pertains to the year 2007 and now can we make use of the latest SC ruling and seek quashing of Admission of appeal in the High Court.
Expert opinioin from Criminology jurists prayed. Please help
deshnA
18 April 2012 at 11:29
please tell me what is verelst plan 1769 as per indian law?
Nurul Huda
17 April 2012 at 12:35
Hi,
Im Sk.Nurul (Muslim), iam applying for UPSC examinations , kindly tell me under which reservation category do i come under, in UPSC and other central level exams. In Andhra pradesh im a BC-E(OBC)Otherbackward caste and i have a BC-E certificate issued by state..
If i dont come under OBC and i apply under OBC quota in the application what are the necessary steps to be taken. please advise..
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Intented to use life and liberty clause in rti application.
Respected Experts,
Fact of the case is that our state(Arunachal Pradesh) Public Service Commission is not allowing the unsuccessful candidates to get their marks in written examination.However previous year they do so by taking IPO of Rs 25 as a cost of Marksheet.This year Commission is saying that the unsucessful candidates will allow to see their marksheet only after compliation of exam. i.e. after viva-voice,which according to commission to be conduct on 15/04/2012.Now my problem is that if I filled normal Rti application I 'll certain get the desire marksheet only after the complication of examination,as they will take full 30 days of RTI rule. So I want to use'life and liberty clause' so that I and other unsuccessful candidates could able to get the marks of written examination before viva-voice .
Thereby requesting help and guidance from members.
Thank's in advance