Question about law
Querist :
Anonymous
(Querist) 11 September 2011
This query is : Resolved
dear sir,
my lawyer was cheating to me, i write directly to judge the truth from UAE DUBAI,
ON MY VISIT IN COURT JUDGE THREATENS I HAVE NO RIGHT TO WRITE JUDGE ANY THING, JUDGE THREATEN HE WILL PUT ME JAIL ETC ETC.
THERE IS ANY LAW REGARDING THIS ???????
I WRITE LETTER TO HIGH COURT REGISTRAR RULES , TO DATE NO REPLy > pl. advise
see attached request file
attaching herewith request file also please study and advise thx and regds
sushil kumar +971557078684
M/s. Y-not legal services
(Expert) 12 September 2011
Whatever may be you have to face your case before court of law only. We not allowed to meet judges personally or wrte to letter etc., its a kind of contempt of court.. If you are cheated by your lawyer mean you have alternative remedies instead of writing letter to judges.more over you can be sue by your advocate for defamation.
Advocate Rajkumarlaxman
(Expert) 12 September 2011
I read all your attachments. first thing you remember is that a judge is for juding your case and not a clerk. demanding him something which is not in his capacity and below is standrad is a wrong thing morally. you have demanded something and contray requesting him something. all part of your submissions are wrong. one thing is clear that you can very well try your own case.
If video conferencing is available then you can opt for it filing an application in a partyiclaur format to the Hon. Jude of that court where the matter is likely to be posted or heard.
And Above all if your advocate is not clear enough change to another. all finers are not same of an hand. so also all advocate are not same. you have to trust and also Advocate should also be the same.
I suggest you to engage another advocate if not from local area then from other area, relatives or some other taluka or distrcit who knows the law very well of the state. he can do it for you.
Guest
(Expert) 12 September 2011
Dear Anonymous,
No personal corresponednce to judiciary is preferred in any case. You could have filed your request for permission to change your advocate through an affidavit before the judge duly justifying your request.
If you find your advocate cheating you you can approach to the State Bar Council against professional misconduct of the advocate by venting the real cause of your grievance with proof against the advocate.
Advocate. Arunagiri
(Expert) 12 September 2011
You can say every thing, including the complaint against your advocate in the open court.
prabhakar singh
(Expert) 12 September 2011
Like others i too have gone through attachments.If your own relatives are not up to mark what can others do.Court cases proceed in their own way as law provides.NRIs
attracts every body.Nothing wrong if people are eyeing your purse ,you need to be watchful of your all belongings.
Communicating with judge personally where any case is pending is not an acceptable fare judicial norm and is very much objectionable.
If a lawyer acts against client interest or cheat his client,the client can complain against him for misconduct before the Bar Council of State where Lawyer is registered or even a Complaint case for damages arising out of his negligence can be lodged.But that would be one another case to pursue while you are fed up with the very first one.
If after filing a case,the party who has filed the case does not appear in court or does not do what has court ordered him to do with regard to service of summons on opposite party the case typically called SUIT is dismissed which can be restored to its original position on filing of an application called restoration with in thirty [30]days of such a dismissal order,
delay if any caused in filing restoration with in time of [30]days can be condoned only when a reasonable cause supported by evidence is shown to the satisfaction of the court for each day of delay.
This about procedure of civil cases.In precision which has only three stage,filing of suit called plaint by plaintiff claiming relief from court,written statement by defendant,framing issues,adducing evidence at final hearing and arguments,then judgement by court which when plaintiff case found proved is decreed when not then the same is dismissed. Then comes stage of 1st appeal by loosing party,where after a 2ND appeal if any substantial question of law is involved,where after a special leave petion is the stage before Supreme Court that each loosing party at a stage of any case can utilize as remedy.
Your suit must be of possession as you say you have been dispossessed by your relatives force fully breaking your lock,hence as a litigant he will delay service despite knowing about your case unless you succeed in serving him as provided in rules laid down in Civil procedure Code which a civil court is bound to follow.So you need to serve up on defendants first by service of summons by process of court for which you need certain process fees to be deposited in court,if that fails you need to serve by registered post a/d and even if that fails you need to apply to the court to order for substituted service by publication in some news paper the court orders for.This goes true about service at every stage,and restoration against dismissal for want of prosecution or default within 30 days also go true at all stages of case mentioned here in above.
You are not stopped from prosecuting and doing parvi on your own without advocate ,if you feel comfortable.On each and every date party or his agent must appear before the court to save a dismissal or exparte that the court would pass in cases of absence,should be born in mind carefully.
In criminal cases when one is accused he has to appear on each and every date fixed in the case unless he has sought an exemption from personal appearance and the court has allowed such an application.
For prosecution side ,the case may be state case or a complaint case.state keeps its agency always present in court to prosecute the matter.In complaint cases,the complainant has to attend the date fixed or the case will be dismissed unless an adjournment sought by his agent who may be his lawyer.
So now you have been well informed about procedure normally going in court which may be utilized either personally or as guard toward misleading advises that you may receive in future to cough up undue fees &costs induced by NRIs' purse.
Now coming to video conferencing hearing
i have to say that it would be possible only when the court in which your cases are
going on are equipped with this facility other wise not.So better verify then think of it.
If you succeed in understanding what has been tried by me to educate you ,chances are least that you shall be cheated by any one in court matters.
Best of luck.
girish shringi
(Expert) 13 September 2011
I have gone through your detail.
Don't take it lightly,otherwise you will loose your entire assets.
So be quick to take action and appoint any good Lawyer or representative to look after.
NAHIN TO JO KAMAOGE DUBAI MEIN WOH KHONA PADEGA HARYANA MEIN.
On humanitarian ground I am giving you my contact:girishshringi@gmail.com
