Self appearance in high court for mact
Rajesh Rathod
(Querist) 23 October 2013
This query is : Resolved
Hi All,
I am having MACT case (Accident took place in 2001) for which Tribunal has given order for compensation of Rs 55,220/- with 7.5% yearly interest where my insurance company will pay 45% and 55% will be paid by respondent insurance company.
My Insurance company was not convinced with this judgement and decided to appeal in high court.
I got the notice from high court to appear 26/11/2013 in this matter.
I have completed my Law in 2012 and thinking to fight this case myself. So can anyone please give me application format which can submitted to high court for self appearance and not willing to appoint any other lawyer.
Thanking you in advance.
Regards,
Rajesh
P. Venu
(Expert) 24 October 2013
Any party to the proceeding, irrespective of the educational qualification or lack of it, can appear as party in person. It requires no application. You only need to be present when the case is called and make your appearance.
However, please not that this is not an easy task. It requires a mature mind for a party-in-person to present his case, esp.in the High Court.
Wish you all the best.
Devajyoti Barman
(Expert) 24 October 2013
No format is given here.
If you are not enrolled as advocate leaving the job, you can not fight the case.
You can only fight your own case in person, not representing some other person.
R.K Nanda
(Expert) 24 October 2013
u can appear in ur case.
Rajesh Rathod
(Querist) 24 October 2013
Thanks to all for your suggestions.
Yes I am a party person and I am serious about representing my case in high court.
I have started studying matters in line of MACT but I am lagging in procedure to be followed in high court.
I am keen interested to start my legal practice but not for now. So I would like to take this case as opportunity and learning platform for my next career.
But It won't be possible without guidance of experts like all of you.
So If someone can give highlight on procedure to be follow in case of appeal then it will be really helpful for me.
Thanks in advance.
P. Venu
(Expert) 24 October 2013
Observe & learn.
ajay sethi
(Expert) 24 October 2013
attend court of HC judge hearing other matters similar to your case . you will learn n soon how to present your case .
Devajyoti Barman
(Expert) 24 October 2013
Theory would be of no help.
You have to witness the court proceeding in person.
Hemant Agarwal
(Expert) 25 October 2013
FOR: Rajesh Rathod:
1. You may prepare an simple application (with the usual titles) and simply type a few lines as follows:
"The Respondent, desires to appear in person".
"The Court may be pleased to grant permission"
(Here the court will not be able to refuse you, and you will be taken on record to plead in person, at your risk and consequences)
2. Regarding court procedures, as respondent, you will not need to bother much, specially in HC. Just appear in person, put forward your say /arguments in simple words, BUT with proper justifications, BUT without philosphical words, BUT without nervousness /fear of the opposite partys lawyer.
3. At any point /confusion, request the Court to grant you some time /adjournment by taking the plea "I need to consult my solicitor" and so on ....
4. Some basic assistance can be also taken from lawyers present alongside in the court room. Also try to seek some assistance from the prothonotrary or other staff of the HC. Various HC's have always encouraged "in person" respondents /petitioners, provided they conduct themselves prudently, irrespective of their legal background.
Trust your destiny. AND GOOD LUCK.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
Rajesh Rathod
(Querist) 25 October 2013
Hi Hemant,
Thank you so much for your valuable guidance
and giving encouragement to proceed further.
This will really boost up my confidence to present the matter before HC.
Thanks to all other memebers as well.
- Rajesh Rathod
Devajyoti Barman
(Expert) 25 October 2013
you are welcome and all the best to you.
Rajendra K Goyal
(Expert) 25 October 2013
If you can take the assistance of some senior lawyer for learning process it would prove to be of more help.
Sarvesh Kumar Sharma Advocate
(Expert) 24 October 2013
