Writ petition
siddharth bhagat
(Querist) 30 December 2013
This query is : Resolved
I am a defendant in Section 16, Maharashtra rent control act,1999 by my landlord.
I am tried out in every way to find correct advocate in particular matter in budget.
I put application to local bar association to give me a list of senior lawyer who had experience in this category.
In court on first date submitted application to regarding to get next date,given valid reason as I don't have advocate.
On next date I asked that I don't have advocate, would you help me out,bar association not given me any of details regarding my requirements.
But court has rejected my demand and mark as "no say"
Now my query is, on that order of court, can go into high court under writ petition ?
for reason : Not given enough time to defendant, to select right choice of or correct advocate to defend case.
I will be thankful for right advice..!
Advocate M.Bhadra
(Expert) 30 December 2013
You can defend the suit independently without a lawyer or you can appoint another lawyer from other courts.
Writ of Mandamus is a judicial remedy in the form of an order from a superior court, to any government subordinate court, corporation, or public authority—to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing)—and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications.
Nadeem Qureshi
(Expert) 30 December 2013
Dear Querist
the advocate is suitable for you or not its depend on you. nobody can tell you about it.
I agree with expert
Rajendra K Goyal
(Expert) 31 December 2013
Agree with the expert, what are the suitability in budget on your scale you may tell only. Why court should wait till you find / search when once it has accepted your request.
Devajyoti Barman
(Expert) 31 December 2013
This is too petty issue to go to high court. You have a list of advocates , now choose any of them. For letting you to making a choice the court would not sit idle for long and the court has rightly passed the order.
Choose first or loose your case soon.
ajay sethi
(Expert) 31 December 2013
you make enquiry in bar association . find out who are practoising in small causes court . engage any lawyer
ajay sethi
(Expert) 31 December 2013
you make enquiry in bar association . find out who are practoising in small causes court . engage any lawyer
R.K Nanda
(Expert) 31 December 2013
agree with experts.
BAALASUBRAMANNYAMM
(Expert) 31 December 2013
In your point of view how much time is enough for you, for selecting an advocate that too defending on the side of "defendant" in a civil matter. The court already given you two adjournments. In the meantime, you have to appoint an advocate even on third adjournment. If you have thorough knowledge, you would have prepared a Written Statement" and file it into court. Then the matter will go minimum 2 years for commencing trial. But you were not doing so. So dont waste your time and simply appoint an advocate and defend your case suitably.
siddharth bhagat
(Querist) 31 December 2013
Most of you are answering on non subjective or not understand my query
To Advocate M.Bhadra,
I could not understand your answer, do I right to go or not ?
To Nadeem Qureshi 9953809956,
Tell your opinion can go or not..!
every person is dependable, tell what you think..tell me what you agreed because I don't understand..!
To Rajendra K Goyal,
your mean is that I should give any of advocate even they have not enough experience or knowledge regarding particular subject even they are in my budget (rs.10 to 15k), It may result case failed.
To Devajyoti Barman,
They only wait nearly about 25 days, that's not enough for me in this case
To ajay sethi,
I posted application & inquired in bar ass. but they rejected saying they will not help. And what will happen after asking who is practicing in small cause, I would know their results in previous cases, do you mean bar ass. is like "bhaji mandai".
All advocates wants all types of case, who will denied, if he work in small cause or district court or any other court or subject(paisa kisko nahi chahiye?). and What is mean "engage any lawyer"
I am not think you are expert..!
I think its my fundamental right, to put on hold case for valid reason (I am not saying to many months) or court should directed list of advocates who works on "bar council standards". I am not came (in my case)here on in my choice.
At last my query is not resolved from lawyersclubindia.com
Devajyoti Barman
(Expert) 31 December 2013
Your attitude make it quite clear why the court has passed the order.
You should make amends of yourself or you may face more such defeats in life.
siddharth bhagat
(Querist) 31 December 2013
Devajyoti Barman
talk only about query made, not baba's gyan..!
Rajendra K Goyal
(Expert) 31 December 2013
Demanding next date again to select an advocate is not a fundamental right, you can appear in person and proceed. Court can not be forced to accept your version.
If aggrieved, you have confirmed right to appeal.
Devajyoti Barman
(Expert) 31 December 2013
Author is boycotted here and by way changing name had managed post query new name.
Devajyoti Barman
(Expert) 31 December 2013
Be aware experts.
The author is Suresh, the abusive one who is boycotted here.
T. Kalaiselvan, Advocate
(Expert) 31 December 2013
You cannot ask the Bar association to oblige to your request to furnish the list of lawyers who exclusively deal with your subject, it is not the duty of the Bar association, bar association can take action on a complaint by you with regards to an advocate's misconduct after proper inquiry, it is not bound to furnish the details of the advocates to anyone seeking it other than for official purposes. The court will function as per law and all are equal before law, you cannot keep adjourning the case for the same reason that you have not engaged an advocate to represent your case, every time. If you have nothing to defend make your intentions clear before the court and vacate the place or follow the procedures meant for the purpose, do not play blame game. A writ before high court on the grounds stated by you is not maintainable. If you are aggrieved by the order of the court, you may prefer an appeal against it.
Rajendra K Goyal
(Expert) 31 December 2013
Demanding next date again to select an advocate is not a fundamental right, you can appear in person and proceed. Court can not be forced to accept your demand.
If aggrieved, you have confirmed right to appeal.
It seems you wanted our reply, which suits you and that too in your words, which we could not give. Actually I could not understand the what type of reply you wanted, I dared to give what I thought fit in the given facts,
Best of luck and happy new year.
