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harsh
(Querist) 26 November 2011
This query is : Resolved
I am a law student and I regret to say that level of advocates is decresing day by day. Recently I came to know about an advocate who made some people of his confidence to file a false case against a judge who was not even present on the place of offence to save those people from legal procedings etc. and also complained to high court.I just wanted to enquire that can I complain about such misconduct to bar council and if not then who can and how can one prove such misconduct. Its urgent please reply fast and also reply on my e mail id megharshjain@gmail.com
Advocate. Arunagiri
(Expert) 26 November 2011
I really appreciate your interest in informing the facts known to you to save a Judge.
You can send the facts known to you by way of a letter to the Registrar, High Court, _____ State.
Your letter will be considered, if the enquiry is initiated against the Judge,
Advocate. Arunagiri
(Expert) 26 November 2011
You should know the story of Duruyodana and Dharma, who were asked to identify the good people in the world.
There are many people who are not following the professional ethics, in each and every profession.
You see the right people and take them as role model. Ignore the wrong/bad people.
mahendrakumar
(Expert) 26 November 2011
I do appreciate your move.
please write a letter as suggested by Arunagiri,stating full details including time and place etc.
harsh
(Querist) 26 November 2011
sir thanks for your reply but I am afraid that when I will complain I will have to prove it and how will I do that as the person against whome I am complaining is seneor advocate and enquiry has been iniciated by high court against the judge.
V R SHROFF
(Expert) 26 November 2011
U sure u now it, then proceed.
A Will Will Find a Way.
Truth always win, though it is difficult to prove.
We Appreciate your noble act.
Sankaranarayanan
(Expert) 26 November 2011
if you have full evidence and details , then you can proceed it
Well said by mr Arunagiri and Shroff , every thing have both side, so our support for genuine
Raj Kumar Makkad
(Expert) 26 November 2011
One should make allegation against an individual and especially when we allege against a whole community, we should be completely able to establish charges beyonf any reasonable doubt.
Either you should not have mentioned about the advocate which you deem senior and feel fear to prove allegation or should have personally talked to some person of your choice about your suspicion against the alleged advocate. It is not good to use this public platform to accuse whole community of advocates without having capability to prove the allegations.
Guest
(Expert) 26 November 2011
Of course, instances of unethical practices on the part of advocates are increasing day by day.
You can't believe that in one property case of one outstation client, the case was decreed ex-parte against the client of an advocate when the advocate often remained absent in the court proceedings, while the advocate used to assure the client on phone that he should not worry about the case as if that was going on well. Thus, the client lost his very genuine case due to gross negligence on the part of his advocate.
Not only that, the client did not get an inckling about that even till the bailiff reached his residence with the attachment order for his house property merely for a petty sum of advance money of the agreement to sell the house, whereas the other party failed to get the property registered in time, as he did not get House Building Advance from his department.
Still having not lost trust on that advocate, the client agreed on his advice to file an appeal in the HC. Appeal was got prepared, all necessary documents were signed by the client and filed. Every time on enquiry by phone, the client was assured of listing of the case on different dates, but not getting turn of hearing. After 5 to 7 months when he was told that hearing could not start on the fixed date because of the judge being on leave on that date, the client became suspicious as he came to know that the judge was very much on duty that day and heard the listed cases.
On extensive investigation he was surprised to note that his appeal case never got registered in the HC for hearing, as the same was returned to the advocate with some objections to be cleared, but the advocate failed to refile the case after compliance. By the time the limitation act also came in to effect due to delay on his part.
The client had to file a fresh appeal along with the case for condonation of delay. Although the case of condonation of delay was accepted but the appeal failed due to initial deficiencies on the part of the advocate. THUS, the client lost his precious case due to sheer negligence of the advocate.
A SECOND CASE also came to my notice, when an advocate, for the sake of earning a petty amount of commission on an outstanding bill of a telecom company for merely 1600 threatened through one of his acquaintenance SHO that his arrest warrant had been issued as the case had already been decreed against him and he failed to clear the amount, while the client had never received any summon about the case. Not even that, while he had already switched over to another plan, the company had already his credit balance of more than 6,000 out of his initial advance deposit but was yet to be refunded.
On the advice of the said SHO and having been provided the Phone number of the concerned advocate, the subscriber contacted the advocate, who in turn advised the fellow to first comply the orders of the court and he would give particulars of the case No. and copy of judgment whenever he reached him after taking appointment. BUT, to the surprise of the fellow, the advocate when got the information of deposit of the amount of 1600 never got in contact with him whenever he called on his phone by one or the other plea afforded by his assistant. In fact the advocate just pretended about some fake orders of the court, which never existed.
I wonder to note, if any advocate can stoop so low to discard ethics in his profession that too merely for a petty amount of commission from some company.
IN FACT SUCH ADVOCATES ARE BECOMING THE ROOT CAUSE OF EARNING BAD TO WORSE NAME FOR THE ADVOCATES COMMUNITY AS A WHOLE.
harsh
(Querist) 26 November 2011
sir thanks for your advice but I have written after that which I think U have not read.Also This advocate is senior but due to this kind of nature he dont have much clientage. I have very strong proofs against him but as I am still just a student and he is professional thats why I said that statement.
harsh
(Querist) 26 November 2011
this reply was for raj kumar ji
harsh
(Querist) 26 November 2011
as far as proofs are concerned the complainant was under police at the time and date for which he is complaining against the judge and he was also presented in S D O court where he admitted his crime for which he was arrested. Also judge against whome he is complaining was not posted and is not posted at that time to that place.In police investigation also it came out that judge was not present at the place of crime. Also the advocate demanded money in front of some people and also through some people for compromise and also asking for registry of ancestral property of judge's relative near advocates place in return of compromise in case and enquiry in high court related to same case.
Guest
(Expert) 26 November 2011
No comments... agreed with Ld. makkad Sb.
Raj Kumar Makkad
(Expert) 26 November 2011
Thanks Manoj for your endorsement.
Mr. Harsh! You have told details of your query only when I pinched you. Had you put all these facts in your query, I would not have replied accordingly.
If you have strong evidence against that person, do not care for his so-called seniority and your juniority rather this is a matter of rights. There is equality of law available for all.
You have support of Judge and moreover you are supporting a judge so he is well conversant how to use evidence against erring person and there should be any procedural lacuena on your part. You move ahead and take action as advised in detail by Dhingra g.
I am never with the corrupt and unethical lawyers as those are black sheep in this noble profession so those should be weeded out. Despite of all, you should not allege a whole community of advocates especially in the site meant for advocates.
harsh
(Querist) 26 November 2011
thanks everyone
Shonee Kapoor
(Expert) 27 November 2011
The moral of the story is:
If you preach for ethics, be upright and complain about unethical practises, no matter what the odds.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 28 November 2011
I endorse the moral of whole discussion.
