Contempt of court
dev kapoor
(Querist) 12 May 2012
This query is : Resolved
Hi all there !
Very recently I am fixed in a odd situation.In a land case H.C. remanded the case back to Land Commissioner with the direction to return findings within 'fifteen days'.Order of HC was received by LC on 22-12-2011 in which 'parties were directed to appear before LC on 01-01-2012'.Appeared as per HC order.But LC fixed date of one month.On next date he was not present,reader marked advocates' presence and adjourned....then adjourned and again adjourned ...Finally on 09-05-2012 LC told the case was dismissed for non-presence of advocate for applicant.He was apprised by advocate that he attended his court on each & every hearing when either he or his reader adjourned the case but he point blanks tell,his order has to prevail.Party losing faith in advocate also.What the advocate can do?Is it not Disobidience of HC order ?If yes/No please guide with your experienced advice.
Let me be more clear....the LC has not marked presence of applicant's advocate even on one hearing...!!!!!!!!!!???????
ajay sethi
(Expert) 12 May 2012
file an appeal against LC order . enclose affidavit of adbvocate who appeared on behalf of the parties . draw attention of the court to mis representation of facts by LC .
since advocate is an officer of court he wont file a false affidavit to bail out his client .
high court will set aside of LC
Shonee Kapoor
(Expert) 12 May 2012
I am in full agreement with Ld. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
dev kapoor
(Querist) 13 May 2012
Thanks a Lot Mr.Sethi for prompt guideline.Thanx Mr.Shonee.
R.K Nanda
(Expert) 14 May 2012
I agree with Sethiji.
dev kapoor
(Querist) 14 May 2012
Thanks Mr.Nanda for endorsing Mr.Sethiz view & for moral support.Plz keep it up.
Regards
