Anonymous
14 February 2010 at 00:02
my company has filed two matters against one party. one is civil matter and another is criminal u/s. 138 of n. i. act. criminal matter filed in 2002 and civil filed in 2005. in civil matter after filing an affidavit of service the matter was adjourn for ex parte as the defendant has failed to file their apperance and written statement. after that the advocate who is appeared in both the matters has taken adjournments only. now when the plff. co joined one other adv. with the previous adv. then after filing of the affidavit of ex-parte evidence, one adv. appeared on behalf of defendant and placed an application for seeking the permission to file written statement. after two dates sudden on the third date the said adv. for deft. has filed a pursis and withdrawn his apperance. in his pursis he stated that the plantif's adv. approached him and told him to appear in the matter on behalf of the Defendqant. he also stated in his pursis that the plff.'s adv. told him that the defendant told him to find an advocate for them to appear and contest the matter and he gave the blank signed and stampd vakalatnama of defendant to him stating that he will collect all the papers and give. but till the date he has not receive any material instruction from the defendant or the said adv as well as he also is not receive any papers hence he is withdrawing his apperance.
under the circumstance we wants to take the steps against the said advocate who has taken only adjournments in criminal matter and done misconduct against the professional ethics.of an advocate
1)can we move before the barcouncill? under which section we have to file complaint?
2)can we file any complaint before the consumer forum? under which section?
3)can we file any other dispute / complaint / suit against the said advocate? under which provision of law?
4)is it necessary to give prior notice before filinf any of the proceeding mentioned hereinabove at no. 1,2 or 3?
please reply me urgently it is very urgent.
Thanks in advance.
k.k.jandial
27 December 2009 at 19:03
Hi sirs.
what remedy is available to appellant in a appeal case before Sic, if sic does not properly hear the view pointof appellant on the points of !.
Quashing the orders of the 1st, Appellant- Authority.
2.Imposing penality to PIO fo 270 days delay in supplying information.
3.Non awarding of compensation to the appellant for loss and detriment suffered by him.
As sic has adopted novel mehod of proceedings of dictating to his steno the proceedings at its own sweet will instwad of recording the statements of the Appellant.
with regards
.K.k.Jandial
surender garg
10 December 2009 at 09:33
A person is LLB qulified and now working with some private company. when can she get the enrolment with Bar council. If somebody is a member of Bar council and later gets the job what she should do ? Whether she can be member of Bar council simultenously with her job with private company. & procedure to become a member of Bar Council.
Kishore Kumar Reddy Mukka
16 October 2009 at 23:55
Hi Experts,
I have availed ICICI personal loan. I have not paid 8 EMIs due to financial issues and now the bank is planning to initiate legal action ( Section 138, non bailable warrant).
Actually I am software employee and out of country now, will be back to India in another week.
Experts, please help me what needs to be done. Is it possible to issue non bailable warrant against me. If legal action is initiated then will it impact my career and my future foreign trips. Please guide me.
Thanks, Kishore
Rajneesh Madhok
25 September 2009 at 21:48
FAA GIVEN DATE & TIME OF PERSONAL HEARING WITH MALAFIDE INTENTION.
First Appellate Authority (FAA)
Today on 25th Sep 2009 FAA had fixed the date of hearing at 11 AM in Secretariat. At every stage there is a great drama. The address of hearing was given Room No. 507, Mini Secretariat, Punjab, Chandigarh by the FAA . On reaching the specified office on 5th Floor of Secretariat. I was told that there is no office of said FAA . Then I came to the point and enquired about all the offices concerned with School Education in Secretariat. There were 5 Secretaries of School Education. (All I.A.S. officers). As I had been served the notice and I continued my search for (Education-6 Branch), Education Department, Punjab Govt. Ultimately I succeeded in locating the office of Education-6 Branch. It was on the 2nd Floor and the office of the concerned officer was located in 207. In the notice it was not mentioned about the name of Special Secretary School Education.
On enquiring from the Superintendent I got the clue the case is concerned with this department. When I enquired about my hearing. I got an amazing reply that Mr. R.L. Mehta has gone to Maharashtra as observer on election duty. I said Sir, I had been served the notice to attend the hearing. He said all of the sudden he has been deputed for the same and secondly pointed out that there is no use to attend the hearing. As no body comes to attend personal hearing. I said I had requested several times to attend the personal hearing on phone and in my application as well. He said the respondent don’t come to attend the hearing so I think it is useless to waste your time. Secondly you have the matter concerned with Private School. The Private Schools don’t come in the purview of RTI . I said The Hon’ble FAA has himself mentioned in his notice served to the District Education Officer (S.E.) that “though you have written in your reply in Letter No.**** dt*** that the school is completely private school so the information can not be supplied to you.
Now Rajneesh Madhok has mentioned that the said school has got grants from the Govt on different works, like purchase of land, construction of building etc. So, you are directed to send your remarks whether the school has got the grant in any shape or not. If any School has got grant then it will come under the purview of the RTI .
On my this argument he directed me to go to Superintendent of Education III. Then again he directed me to go back to the same Superintendent. Then I was directed to go to Mr. J.S. Grewal, Secretary, School Education. The Superintendent of the Secretary said that we have not got any file from the concerned department so the hearing can not be attended by the Secretary. Then I was directed to go to Special Secretary, School Education Mr. Krishan Kumar’s office. Office Superintendent directed me to go to the same office and contact the superintendent of Mehta Sir. I was astonished to note when I submitted my Written Submission with regard to hearing the concened staff don’t accept the written submission saying first of all the Special Secretary will mark then we accept the letter and enter in diary.
The FAA is located 120 Kms far from my residence. I have to suffer mental and physical torture and wasted undue expenditure and wasted my time and energy due to the highhandedness of the FAA . I tried to save precious time to go to attend the hearing in SIC. In case the matter had been settled at FAA ’s level.
Though to attend the hearing was optional on my part, I attended to get the fruitful results in first hearing. Is it not wastage of time and energy and PIO has no botheration and is not concerned with the hearing. Only the appellant is being suffered.
Now what should be the next action kindly suggest. Whether I should write to the FAA in harsh tone that he has wasted my time to invite me on hearing and tried to serve notice with malafide intention. Instead of fixing a date of hearing if he would have directed the PIO to reply to my application, then the precious time and energy would have been saved. But he had not having good intention.
Whether there is a provision that FAA could be called for presence in Second Appeal . Whether I should report the matter to the SIC and file the application under Complaint . I know FAA will not be penalized in any case.
Secondly should I claim under Section 19(8)(b) to compensate the complainant for any loss or other detriment suffered. I hope only the solution the department will be having to conduct the departmental enquiry and no body will be pin pointed for the responsibility of the negligence. Can SIC can pin point the negligence and responsibility of FAA . The loss of public money involved by way of compensation being caused due to the neglect of FAA , the loss will be recovered from FAA . Will it be? Will SIC take such actions? Whether any day we shall get justice from the lobby of these babus. I request the learned friends to throw light and guide me about the next step.
As the Secretary is the head of the department. So, nobody can charge sheet him. So, the enquiry can not be made. Sir, the need of the hour is to take penal action against FAA , but there is no such provision and secondly the Commissioner will not like to take action on FAAs.
CHRONOLOGICAL CHART:
Date of Application: 1/8/09
PIO replied on: 13/8/09 received by me on 17/8/09
First Appeal : made on 19/8/09
Hearing date fixed by FAA : vide letter dated 9/9/09 received by me on 14/9/09
Rajneesh madhok,
B-xxx/63, Nehru nagar,
St. No. 2, Railway Road,>>
Phagwara-144401 (Pb)>
Rajinder Bhatia
03 September 2009 at 22:51
What Law says about “Vakalatnama” submitted by a Advocate in scenario like this?
(A) Advocate ‘A’ submits his vakalatnama and after sometime he is no more seen (he does not appear) in the case but the vakalatnama is still in court records there is no NOC (no objection certificate) in record and or party who engaged A has not even filled any relieving papers in court that Advocate ‘A’ services are no more enggaged by her ???
(B) Now Advocate ‘B’ joins the proceedings and he also submits vakalatnama and does the above and same way party engaging B also does above???
(C) Comes into picture Advocate ‘C’ and same above things happen.
(D) Now comes into picture Advocate ‘D’ and same things like above happens???
Now what I specifically wants to know is
(a) Are all 3 advocates whose vakalatnama is still in court records are still termed and or called advocates on record for that suit / proceedings?
(b) In a Destitution / Penury case can I draw adverse inference of the Court by stating she has 3 advocates on record plus the current one as Advocate D / 4th. ?
(c) What does Advocate Act and or Law talks about previous Advocates?
(d) Was it mandatory to withdraw Vakalatnama of by previous 3 advocates? Or was it necessary that the party who has enggaged the 3 advocates should have submitted NOC or relieving letter in court?
(e) How does Law see all these in clear picture in terms of adverse inference if any or is it acceptable?
Please advise?
P.MANOHARAN
27 August 2009 at 19:55
My father acquired property in chennai with his own earnings in 1962. He died on 30.10.2006. We are Hindu. I have one brother and two sisters. My two sisters had married in 1978 & 1984 respectively. My father had not left any will. Kindly advise whether my sisters who had married before 1989 will have share over my father's self earned property.
Rajinder Bhatia
15 August 2009 at 23:47
Could any one send me a sample complaint to be filed under section 499, 500 IPC, the complaint is based on the defamtory written statement given by the repondent before the quasi judicial body.
regards
Rajinder Bhatia
09 August 2009 at 00:45
The Judicial Magaistrate is avoiding an action on my said petition by adjourning the petition on every date of hearing for three months to four months.
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RTI
if some body files a RTI & later wanted to withdraw then what is the procedure for tat of is their any set format for that