A lawyer abused & threatened by litigant inside courtroom
Kunwar Nripendra Singh Rautela
(Querist) 02 November 2016
This query is : Resolved
A Lawyer arguing in Civil Court loudly abused by opposite litigant.
lawyer immediately filed an adjournment quoting said abuse and the court adjourned the case based on said ground.
Thereafter, lawyer filed a criminal complaint in criminal court having jurisdiction.
and
criminal court is in confusion whether he should take cognizance or that civil court where criminal act committed.
kindly suggest with citation.
For reference it is clarified that criminal court and civil court are different to each other and their presiding officers are also different.
P. Venu
(Expert) 03 November 2016
More than a criminal case, an action for contempt of court lies.
Kunwar Nripendra Singh Rautela
(Querist) 03 November 2016
answer of 1st Reply:
It is well understood that the criminal court only should take cognizance. and the Learned P.O. of Criminal Court, for his own satisfaction, demanding some rulings/citation, which i am failed to extract so far exactly on said point.
Answer to 2nd reply :
this happened to me while i was arguing.
Answer to 3rd reply :
Contempt was filed in same presiding officer of Civil Court and the Civil Court dismissed the same writing in its order that the contempt-petition shall be filed through advocate general of the State.
Guest
(Expert) 03 November 2016
File a Complaint to the Concerned Court's Judge in Writing and take acknowledgement.Concerned Court's Judge who was Presiding at the time of the Incident it self is Obviously a witness For It.Basing on this Incident File a Transfer Petition in High court to the Place of Your's Client Choice since the Advocate/Your self is Not safe in side the Court and what would be the Fate of your Client. Obtain a Stay for Further Proceedings in the Court.You should file a Complaint to Honorable Chief Justice and Bar council and Enclose the Copy in your Transfer Petition.Dont make any Police Complaint then the Merits of your transfer Case would be Reduced.
Kunwar Nripendra Singh Rautela
(Querist) 03 November 2016
respected sir,
warm regards for your invaluable suggestions.
i shall follow those certainly.
regards again.
Rajendra K Goyal
(Expert) 03 November 2016
File appeal against the findings of the civil court.
Lodge complaint to High Court through Bar Association and Bar Council.
Kunwar Nripendra Singh Rautela
(Querist) 04 November 2016
Respected members
thank you very very much for the immediate concern shown in my previous issue.
Here as a fresh matter i am in extreme need of a citation where Hon'ble Justice Chaudhary of Hon'ble HighCourt of Bombay, Nagpur Bench quoted in its judgment as follows :
The Nagpur Bench of the Bombay High Court announced that citizens ought not to pay taxes if the Government fails to curb corruption.
As per the report, hearing an embezzlement case, the court termed corruption as a 'hydra-headed monster' and asked citizens to come together to raise their voice and refuse to pay the taxes.
Justice Arun Chaudhari stated during the hearing of the case where funds worth INR 385 crore in the Lokshahir Annabhau Sathe Vikas Mahamandal (LASVM) set up for the welfare of the Mathang community was misappropriated, "The miasma (unholy atmosphere) of corruption can be beaten if all work together. If it continues, taxpayers should refuse to pay taxes through a non-cooperation movement."
The Judge observed tax payers were suffering for over two decades in the state and that corruption in government-run financial organizations that turned rampant and stated that, government should understand the excruciating pain and anguish of the taxpayers.
Sudhir Kumar, Advocate
(Expert) 03 November 2016
