Proceedure to produce the audio recordings in front of bar council
Pradeep
(Querist) 29 April 2013
This query is : Resolved
Hi Sir,
I need help from this forum to understand the proceedure to submit the audio recordings to the honorable BAR council of Karnataka.
I have filed a complaint against an advocate in BAR council and as evidence supporting my complaint I have the conversations with the opposite party, recorded through my cell phone.
When I approached the Honorable BAR council for submitting the recordings in a CD, they asked me to follow the proceedure to submit the same and they cannot accept it right away.
Hence, I need your help to understand the proceedure to submit the recordings to the Honorable BAR council, since the recording contains the key details supporting my complaint. When I submitted the audio recordings in the hon'ble BAR council they did not accept and asked me to seek advice and follow the proceedure to submit the recordings. Also, Since I have filed a complaint in the Honorable Consumer forum, will it be the same proceedure to follw to submit the recordings in the honorable consumer forum.
Regards,
Pradeep
Devajyoti Barman
(Expert) 30 April 2013
Case against advocate does not lie in consumer forum.
There is no separate procedure to submit CD.
You after submission of CD ask them to call for report from govrt. Test House to verify its genuineness.
Pradeep
(Querist) 30 April 2013
Ok, in the BAR council, when I submitted the CD, they refused to accept and asked me to go through a procedure since the authenticity and genuineness needs to be certified. In this case how do I proceed in the BAR council? Please help me since the CD contains key details supporting my allegations.
AMAR RANU
(Expert) 30 April 2013
Follow correct procedure and file a written complaint against the advocate u/s 35 of the Advocates Act,1961 and produce the said evidence during hearing of your case.
Regarding Consumer court case,if deficiency of service is involved,on the part of the said advocate,the said case can also continue along with Bar Council proceedings u/s 35 of the said Act.
Both cases are maintainable under the law.
Take the help of competent and unbiased legal professional as winning case against advocates as well as against doctors is a Herculean task under the existing legal frame work.
Advocate Ravinder
(Expert) 30 April 2013
Dont be hurry. Do not give the original CD to anybody. You will lose your evidence. Instead of that make a copy of the CD. Translate the same into English, dialogue-wise, attest it with the registered translator (available near the courts, Secretariats etc) and produce the copy of the CD along with true translation to the Bar Council and also to Consumer Court.
Keep the original with you and produce the same at the time of trial.
You can also file a private complaint before the Magistrate under Criminal law.
Pradeep
(Querist) 30 April 2013
Hi Ravinder,
Thanks for your advice. I am having a copy of the CD also. What I am not comfortable is in he Ho'ble BAR council, they asked me to submit the recordings following a procedure. When I asked for the procedure they refused stating that they cannot guide me or advise me. Is there a procedure to submit the audio recordings since the committee were telling that the recordings could be doctored or edited and they cannot just take it that way.
Rajendra K Goyal
(Expert) 30 April 2013
Agreed with the views of Expert Amar Ranu. Follow the procedure as suggested.
Advocate Ravinder
(Expert) 01 May 2013
Mr. Amar Ranu had given the answer elaborately. Follow his advise. Ask the concerned officer what is the procedure of submitting the application and the relevant documents (including CD). They will definitely help you, since the Bar council is constituted for the welfare of the Advocates and its clients and the judiciary system. Please read Sec. 35 of Advocates Act, 1961 your doubts will be cleared.
Raj Kumar Makkad
(Expert) 01 May 2013
I do agree with the advice of Amar otherwise also this is a repeated query.
AMAR RANU
(Expert) 02 May 2013
Go to your Bar Council office and ask for a set of papers prescribed for filling complaint u/s 35 of the aforesaid Act,1961.
Read it carefully and draft the complaint,file a complaint,attend the hearings and furnish the evidence available with you.
If aggrieved with the final judgment/order of your Bar Council and thereafter,file an appeal before the Bar Council of India through the State Bar Council office itself.
No need to go to New Delhi.In due course of time,Bar Council of India officials would come to the office of State Bar Council for final hearing of all appeals on a given Sunday.
If again aggrieved, the matter will be settled before Supreme Court only.
Pradeep
(Querist) 02 May 2013
Thanks Amar for such an elaborate reply. My question is if there is an audio recoding can BAR council take it as an evidence, since they were telling me that some documents are not considered by them as proof. Please reply
AMAR RANU
(Expert) 02 May 2013
Please remember that now a days,people even challenge audio and video hard evidence on the ground that such evidence is a "morphed" one.
Since you are having "punga" with a legal professional,your all evidence would be subjected to detailed forensic scanning and thus you should be mentally and financially ready for the ensuing battle.
As I explained above,take the help of competent and unbiased legal professional as winning case against advocates as well as against doctors is a Herculean task under the existing legal frame work.
Advocate Ravinder
(Expert) 02 May 2013
Along with Audio CD, if there is any other corroborative evidence, it will be useful. Any way Mr. Amar Ranu had given excellent and full information on this subject. There is nothing to add. You have gathered more than required information, now do the practical work, instead of putting repeated questions. You engage a good lawyer as you are fighting with a legal professional.
AMAR RANU
(Expert) 03 May 2013
Learned brother Mr.Ravinder has rightly concluded the detailed discussions as above.
Now,Mr.Pradeep has to walk alone carefully on a laid down aforesaid road-map.
Pradeep
(Querist) 03 May 2013
Thanks for all your sincere response. I will follow the steps and update on the status of this case.
