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DRAJPUT   19 October 2016

Can i represent my case myself

can i represent My case myself becouse i can't afford lawyer ,,,,??? i have no money then i want fight case myself in Labour court



Learning

 12 Replies


(Guest)
Very well. It's the best way ahead, instead of relying on lawyers who have brains only to grab money date after date from client, it is best you handle your case yourself.

Ms.Usha Kapoor (CEO)     20 October 2016

<p>YES! yOU CAN &nbsp;APPEAR AS &nbsp;A PARTY IN PERSOPN BEFORE ANY COURT AND ARGUE YOUR OWN CASE BE IT CIVIL OR &nbsp;CRIMINAL. BUT &nbsp;YOU NEEDS TO MASTER LEGAL NUANCES AND PROCEDURAL ASPECTS. wITH GRADUAL &nbsp;PRACTICE IN &nbsp;COURTS OF LAW YOU may&nbsp;ACQURE &nbsp;THESE SKILLS..According to courts in Uk &nbsp;governmtn see their information/article &nbsp;on party in person arguments.&nbsp; &nbsp;ARTICLE REGARDING PARTY IN PERSON APPEARING BEFORE &nbsp;A COURT &nbsp;OF LAW WITHOUT LL..B DEGREE &nbsp;a s citeds below is published by UK &#39;Governemnt &nbsp; courts. Please reads on::https://www.courtsni.gov.uk/en-gb/publications/usefulinformationleaflets/documents/personal-litigant-guide/personal%20litigants%20guide.pdf.</p>

<p>According to an Indian website they published &nbsp;the following informartion rgarding party in &nbsp;person arguments befoe courts o flaw.:</p>

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<h1>Do I have right to defend my own case in court without lawyer?</h1>

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<div style="margin-right:3px">By&nbsp;<a target='_blank' rel='nofollow' href="https://tilakmarg.com/author/dhamija/" style="box-sizing: border-box; background: transparent; color: rgb(34, 34, 34); text-decoration: none !important; font-weight: 700;">Dr. Ashok Dhamija</a>&nbsp;-</div>
&nbsp;Jul 9, 2015</div>
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<p style="text-align:justify"><strong><em><img alt="Court room" class="aligncenter size-full td-animation-stack-type0-1 wp-image-1200" src="https://tilakmarg.com/wp-content/uploads/court-room.jpg" style="border:0px; box-sizing:border-box; clear:both; display:block; height:auto; margin:6px auto 21px; max-widdth:100%; text-align:center; widdth:480px" />Answer.</em></strong>&nbsp;Yes. You have the right to fight your own cases without engaging any advocate. It is not necessary that you must engage an advocate to fight your case in a court. A party in person is allowed to fight his own case in the court.</p>

<p style="text-align:justify">That said, you should be aware of certain difficulties that you may face. No doubt, you would be the master of the facts of your case. But, you should also have a working knowledge of law, procedures and to some extent, the court-craft. If you don&rsquo;t know the procedural and legal nuances, you may lose on important points. The courts have become slave to their own procedures. These procedures are required to followed mechanically even if they may appear to be ridiculous or obsolete. And, there are too many of them. Courts won&rsquo;t allow you to digress from the established procedures. Even for filing a petition, there is a set procedure which may differ from court to court. Just to give an example, in Supreme Court, each annexure has be certified as true copy on&nbsp;<strong>its last page</strong>; in Delhi High Court each annexure has to be certified as true copy&nbsp;<strong>on each page</strong>; and, in Central Administrative Tribunal, each annexure has to be certified as true copy&nbsp;<strong>on the first and last page</strong>. So, you must know what to do where, otherwise you&rsquo;ll have to keep spending your time and energy in curing the defects of filing, etc. After all, time also has some value in terms of money. This is just one requirement, there are so many others in each court. You&rsquo;ll have to learn these by trial and error. This is not to scare you, but to caution you of the difficulties.</p>

<div style="text-align:center">As it is said,&nbsp;<em>practice makes a man perfect</em>. By continuously practicing in a court, advocates acquire knowledge of the law and procedures in a court. If you want to fight your own case, you&rsquo;ll have to learn the tricks of the game from square one and will have to master those skills quite fast, since you are learning at the cost of your own case.</div>

<p style="text-align:justify">You should also be aware that many of the presiding officers in the courts (i.e., the judges) may not look at the party in person in a favourable way. This is because a party in person may take extra time and say many unnecessary things and may not know the law and procedure; so, many judges lose patience. At the same time, I have seen some good judges who give a sympathetic hearing to a party in person. So, it all depends.</p>

<p style="text-align:justify">Thus, if you have an aptitude for law (and, more so, if you have a degree in law), go ahead and fight your own case in court, without engaging a lawyer. The law does not stop you from fighting your own case and you have every right to do so. It is only the lack of knowledge of law and procedure that may pose difficulties. One more option could perhaps be to fight your own case, but take guidance (about procedures and basic provisions of law) from some junior upcoming advocate who may not charge you much..</p>

<p style="text-align:justify"><strong><u><em>If you appreciate this answer please click the thank you burtton on &nbsp;this forum</em></u>.</strong></p>
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Trapti   20 October 2016

If u hv ll.b degree plus registration in bar council with practical knowledge then u can. If not then dont take risk because there is a term called practical knowledge in the field of law which means a lot. You can compare a lawyer's profession with a doctor, as like dr who knows which medicine can cure ,an experienced lawyer also knows which legal step will go perfect in related case. That is why your are kindly advised dont take risk, if u r not financiallly strong to hire an advocate you can ask for Public Procecuter. Law is equal for every one. Thanks

G.L.N. Prasad (Retired employee.)     20 October 2016

Every one is entitled to represent his own case as party in person, and he may file such application before the Cour, which is handling the issuet.

G.L.N. Prasad (Retired employee.)     20 October 2016

Facts are more important and as you are focussing on a limited issue, you can acquire the knowledge on that specific point easily.  The advocate may be specilizing in several fields whereas your focus is only on your case, and you have to devote entire time thinking of the case.  You can use google search and find out every thing.  In most of the cases, specific knowledge  in a particular is more helpful than Advocate's General knowledge and qualification.

If you argue your own case, you need not throw the blame on any others, or can suspect any advocate for joining hands with opponents.  You will be fortunate, if the concerned judge appreciates your stand.

Still if you can not afford, the services of Legal services Authority can be explored for legal aid.

Ms.Usha Kapoor (CEO)     20 October 2016

Yes! you've the rigjht to represent your case  yourself as  a party in person. But although you may be  a Mater of your facts you are new to legal nuances and  theprocedural aspects. In course of time you can master. Below I'm publishing an Indian website information on how to file a case as a pa.According  to the  following legal website the following  article  published all that you want to know about  party  in  person cases before courts of law..

 
Home  Answers  Do I have right to defend my own case in court without...

Do I have right to defend my own case in court without lawyer?

 Jul 9, 2015
SHARE 
 
 
 
 
 
 
 
 
 

Question. I have been made a party in 4-5 cases in different courts. It is difficult for me to pay to advocates in these cases. Can I defend myself in these cases in the court on my own and fight the cases without engaging any lawyer?

Court roomAnswer. Yes. You have the right to fight your own cases without engaging any advocate. It is not necessary that you must engage an advocate to fight your case in a court. A party in person is allowed to fight his own case in the court.

That said, you should be aware of certain difficulties that you may face. No doubt, you would be the master of the facts of your case. But, you should also have a working knowledge of law, procedures and to some extent, the court-craft. If you don’t know the procedural and legal nuances, you may lose on important points. The courts have become slave to their own procedures. These procedures are required to followed mechanically even if they may appear to be ridiculous or obsolete. And, there are too many of them. Courts won’t allow you to digress from the established procedures. Even for filing a petition, there is a set procedure which may differ from court to court. Just to give an example, in Supreme Court, each annexure has be certified as true copy on its last page; in Delhi High Court each annexure has to be certified as true copy on each page; and, in Central Administrative Tribunal, each annexure has to be certified as true copy on the first and last page. So, you must know what to do where, otherwise you’ll have to keep spending your time and energy in curing the defects of filing, etc. After all, time also has some value in terms of money. This is just one requirement, there are so many others in each court. You’ll have to learn these by trial and error. This is not to scare you, but to caution you of the difficulties.

 

As it is said, practice makes a man perfect. By continuously practicing in a court, advocates acquire knowledge of the law and procedures in a court. If you want to fight your own case, you’ll have to learn the tricks of the game from square one and will have to master those skills quite fast, since you are learning at the cost of your own case.

You should also be aware that many of the presiding officers in the courts (i.e., the judges) may not look at the party in person in a favourable way. This is because a party in person may take extra time and say many unnecessary things and may not know the law and procedure; so, many judges lose patience. At the same time, I have seen some good judges who give a sympathetic hearing to a party in person. So, it all depends.

Thus, if you have an aptitude for law (and, more so, if you have a degree in law), go ahead and fight your own case in court, without engaging a lawyer. The law does not stop you from fighting your own case and you have every right to do so. It is only the lack of knowledge of law and procedure that may pose difficulties. One more option could perhaps be to fight your own case, but take guidance (about procedures and basic provisions of law) from some junior upcoming advocate who may not charge you much.

If you appreciate this  answer please click the thnakyou button  on this forum.

Ms.Usha Kapoor (CEO)     20 October 2016

 

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Yes! you've the rigjht to represent your case  yourself as  a party in person. But although you may be  a Mater of your facts you are new to legal nuances and  theprocedural aspects. In course of time you can master. Below I'm publishing an Indian website information on how to file a case as a pa.According  to the  following legal website the following  article  published all that you want to know about  party  in  person cases before courts of law..Accordinv  to the following website  th eauthor  specifies  qualities are skills required of aperson to argue his own case as  a part in pRSON. see THE INFORMATION. iF  YOU APPRECIATE  THIS ANSWER PLEASE CLICK  THE HTNAK YOU BUTTON ON THIS FORUM.

 

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Ms.Usha Kapoor (CEO)     20 October 2016

tHE FOLLOWING LEGAL WEBSITE GIVES SOME INFORMATION ABOPUT  PARTY IN PERSON ARGUINGBEFORE A COPURT OF LAW CASE. lET US SEE IT.

 
Home  Answers  Do I have right to defend my own case in court without...

Do I have right to defend my own case in court without lawyer?

 Jul 9, 2015
SHARE 
 
 
 
 
 
 
 
 
 

Question. I have been made a party in 4-5 cases in different courts. It is difficult for me to pay to advocates in these cases. Can I defend myself in these cases in the court on my own and fight the cases without engaging any lawyer?

Court roomAnswer. Yes. You have the right to fight your own cases without engaging any advocate. It is not necessary that you must engage an advocate to fight your case in a court. A party in person is allowed to fight his own case in the court.

That said, you should be aware of certain difficulties that you may face. No doubt, you would be the master of the facts of your case. But, you should also have a working knowledge of law, procedures and to some extent, the court-craft. If you don’t know the procedural and legal nuances, you may lose on important points. The courts have become slave to their own procedures. These procedures are required to followed mechanically even if they may appear to be ridiculous or obsolete. And, there are too many of them. Courts won’t allow you to digress from the established procedures. Even for filing a petition, there is a set procedure which may differ from court to court. Just to give an example, in Supreme Court, each annexure has be certified as true copy on its last page; in Delhi High Court each annexure has to be certified as true copy on each page; and, in Central Administrative Tribunal, each annexure has to be certified as true copy on the first and last page. So, you must know what to do where, otherwise you’ll have to keep spending your time and energy in curing the defects of filing, etc. After all, time also has some value in terms of money. This is just one requirement, there are so many others in each court. You’ll have to learn these by trial and error. This is not to scare you, but to caution you of the difficulties.

 

As it is said, practice makes a man perfect. By continuously practicing in a court, advocates acquire knowledge of the law and procedures in a court. If you want to fight your own case, you’ll have to learn the tricks of the game from square one and will have to master those skills quite fast, since you are learning at the cost of your own case.

You should also be aware that many of the presiding officers in the courts (i.e., the judges) may not look at the party in person in a favourable way. This is because a party in person may take extra time and say many unnecessary things and may not know the law and procedure; so, many judges lose patience. At the same time, I have seen some good judges who give a sympathetic hearing to a party in person. So, it all depends.

Thus, if you have an aptitude for law (and, more so, if you have a degree in law), go ahead and fight your own case in court, without engaging a lawyer. The law does not stop you from fighting your own case and you have every right to do so. It is only the lack of knowledge of law and procedure that may pose difficulties. One more option could perhaps be to fight your own case, but take guidance (about procedures and basic provisions of law) from some junior upcoming advocate who may not charge you much.

iF YOU APPRECIATE THIS  ANSWER PLEASECLICK THE THANK YOU BUTTON ON THIS FOFRUM

Sachin (N.A)     20 October 2016

I always like to motivate people to represent themself in court but only if they have legal knowledge. if you think that you can handle the case then go ahead. yes

Kumar Doab (FIN)     20 October 2016

You can as Party in Person.

While you apear as 'Party in Person' submit application u/s 36 of ID Act to prohibit the employer to be represented by a lawyer.

 

 

Kumar Doab (FIN)     20 October 2016

Central Government Act
Section 36 in The Industrial Disputes Act, 1947
 
https://indiankanoon.org/doc/1280894/
 

Kumar Doab (FIN)     20 October 2016

Needless to mention: If and only if; you are well versed with the case, have adequate legal knowledge, precedences, law, procedures,can argue etc etc

 

Check with labor Court/CGIT and soem senior counsel may agree to counsel you for  a nominal fee.

 

Or try with free legal aid center and check if it has a very able counsel specializing in Labor/Service matters.................

 

Remember : Labor/Service matters is altogether different field of law and there are a few cunsels in each city that specialize in it and are very well known.

Usually such matters are referred to them.

 

Avoid those that are into other or civil matters and meddle into Labor/Service matters.

 

 


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