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Rahul (executive)     03 February 2016

498 quashing petition at hc

Dear Sir

I have filed petition at Karnataka High court for quashing my 498a case and the said case was listed and heard on 19.1.16. Hon'ble judge ordered " send notice to R2 through CP Pune". Now how could I know that the notice has been served andthe date of  next date of hearing of my case....My advocate is not cooperative and unable to express our say before the judge...kindly let me know wheather  he has to move memo for each date of hearin, as he said...Can I personally enquire from court office...Pl guide...



Learning

 10 Replies

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     03 February 2016

Sir 

At first i request you to change your lawyer as he is not cooperative ,  Notice will reach through proper chanel autometically you just peruse it , if need you may take help of a law clerk.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     03 February 2016

Sir 

At first i request you to change your lawyer as he is not cooperative ,  Notice will reach through proper chanel autometically you just peruse it , if need you may take help of a law clerk.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 February 2016

 “Send notice to R2 through CP Pune” – These means a copy needs to be served to the opposite parties.

For Public Prosecutors, you can send a letter along with the copy of memo by hand and make signature and seal on the duplicate latter. PP office is there in HC.

 

For Opposite Parties,  you can send a letter along with the copy of memo by speed post and keep the counter token.

 

Now you should make an Affidavit of Service along with these evidences(copy of latter and counter token), affirm it by commission at HC and submit to the honorable judge at the next date of hearing.

 

You can contact any court clerk. They will help you on this.

 

Please apply for “Quashing with Speedy Trial” not quashing alone.

You should fire your counsel and appear Party-in-person and plead on the next date.

 

Please see my profile links for sample petitions and FAQs. 

S K KARNjhc (Legal Adviser)     04 February 2016

No more suggestions required

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     05 February 2016

Originally posted by : S K KARN
No more suggestions required

 

@ S K KARN, 

 Whether anymore suggest is required or not should be decided by the quest.

Rahul (executive)     18 February 2016

Der experts

Due to non cooperation from my advocate I am willing to file a memo for appearing in person. Do I require NOC from my advocate...or straight I can file before the Hon,ble justice any day and tell about my advocate's non cooperation on appearance. My advocate already taken his fees before filing the case..now he is saying for moving memo for appearance he needs Rs.5K for each appearance...It is not fair..He did not told me about this before taking up the case. Pl guide me..Regards

Rahul (executive)     03 March 2016

I have already send registered letter with ack due and mail to my lawyer informing him that I do not need his services any more and henceforth shall present my case on my own as party in person. Now can I make a petition to learned judge for deleting my lawyers name  from my case file and include my name as party in person. What is the legal procedure in this scenario. Your kind advise pl.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 March 2016

You can verbally state inform of the judge that you wish to plead in-person. No extra memo is required. If is your case. You are the master. No NOC is required. 

Rahul (executive)     08 March 2016

Why I want to delete my advocate name from my case, as I faced objection from the copying centre,high court, while getting certified copies of daily order, official informed that my  identification is required from advocate for getting the same. When, in return, I informed that this is my case...just now I appeared before the judge..... there was no objection.....here you people wants identification...they said this is rule..you can get your identification certified from any advocate...then we go outside and get the identification done, showing my voter ID card, from one other advocate and got the certified copies... I want to know wheather  this is the rule at HC................your valued advice pl

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     08 March 2016

These dishonest people made this rule for making money. No advocate is an affirmation authority to solemnly affirm your identification.

 

An advocate is just a person who represent you before the court of law for your inconvenience. Nothing else. If you are available then no advocates are required. 


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