Points of appeal in scession court on unraised points in lower court by advocate
Devulapalli Subbarao
(Querist) 04 June 2012
This query is : Resolved
Dear Sir,
One criminal case was filed against one employee by Postal Department about misappropriation case of 8 lakhs. The advocate for employee though suggested did not raise the point that stock of forms of salable exam forms to the official and that the statement given in preliminary inquiry was at the dictum of the inquiry officer. The inquiry officer recorded the statement of official also gave deposition in lower court that he dictated it and official signed it. But the Advocate did not raise all these points and court convicted official for 6 months S.I. Now whether the official can raise all the left out points of defense in the appellate court? Whether he can change the advocate and appoint another lawyer? pl advice =D.subbarao Retired Postmaster (HSG1) Kurnool
ajay sethi
(Expert) 04 June 2012
you cn always change your lawyer in appeal . even during trial you could have changed your lawyer . you just need NOC from lawyer to appoint another lawyer to fight your case .
the issue as to whether your advocate has raised all points can onl be said after going through the case papers . he must not have considered it an important point to be argued .
venkatesh Rao
(Expert) 04 June 2012
if you can attach the judgment, experts can opine correctly.
PARTHA P BORBORA
(Expert) 04 June 2012
you can change your lawyer at any point of time. but if your lawyer failed to put proper sugessions during cross examination of p.w s there is a little hope
