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superfast munnabhai (trainee)     01 December 2010

Action against Opp. party's Advocate for lieing in court??

What all actions/remedies in terms of complaints are available against Opp. party's Advocate for telling lies to judge in court?

 

Opposite parties lawyer took consecutive adjournments for frivolous/false/arbitary reasons told to judge verbally and sped off from court

 

Opposite parties lawyer also lied in court in front of judge that 'client (my wife) is on official duty and out of town" But the fact is that wife had gone on "official leave" and that too abroad. I have proofs

 

Also previously, lawyer told false thing to judge that "client is sick and bed ridden" but on the same day my wife was in office and also had attended a "Griha-shanti function/reception" in the night of which I have photographs where "the same advocate" is also seen standing in the photo alongwith advocate's wife and his kids and my wife and my in-laws behind the scene!!!! This is unbelievable.

 

Is this not a contempt of court? Are courts reduced as item of mockery?

 



Learning

 11 Replies

shrikant chede (law officer)     01 December 2010

This is the real tragidy of our system

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     01 December 2010

You can take action but it is lengthy procedure.


(Guest)

Generally, advocates get adjournment under various circumstances relating to their personal inconvenience. But your case is slightly different. So it is your duty to object for an adjournment. If the judge inclines to give an adjournment, you may ask for a shorter date. After all, nowadays, advocates are used by the clients to dance to their tunes. So you may instead of targetting the advocate for this, you may show with proof the games played by your wife in the ongoing legal proceedings and hampering the trial process. If you show one such instance to the Court on the next hearing date, the judge will understand the correct position and the advocate concerned would be put to humiliation.

MUKUL SHARMA (advocate)     01 December 2010

Advocate take adjournment only as per client's convenience and some times in unavoidable circumstances.

Swami Sadashiva Brahmendra Sar (Nil)     01 December 2010

Such things are reality but above facts are not sufficient for taking action against advocate. If actions in such allegations are started the arrears in courts will multiply day to day and the orriginal disputes can never be decided.

- Team Tripathi
 

niranjan (civil practice)     02 December 2010

You could also ask for cost on adjournment.

DR.SANAT KUMAR DASH (Eye Specialist)     05 December 2010

One     can   ask   for    adjournment.    If   the    JUDGE   will   not   provide    COST.....Is   there    any    remedy   for  such   event??

Y ARAVIND (ADVOCATE)     13 December 2010

Advocates particularly trial court advocates take adjourments on the instructions of client or to suit such needs of client; and not with a view to lie before the Court.    

arun (advocate)     19 December 2010

this is not fault of an advocate. he only defend the rights of his clints, so, u have no right to take action against the advocate.

Avnish Kaur (Consultant)     23 December 2010

is this all crap mentioned in court daily orders?

u can bring this to notice of court and get advantage, for example in a matri interim maintenance case maintenance seeker may be barred from previous maintenance for causing undue delay. filing perjury cannot be done by you its an initiative of court.

regading lawyer punishment , if this is allowed more than  half of lawyers will daily be sent to prison as only one or not even one side will be saying truth in court and after a few days there will be no lawyers in court , all will be in jail only. lawyers are there to protect clients interests and they can be punished only if they try to cheat court, like in a recent case in delhi a lawyer was banned from practising in court.

by the way what u think about lawyers of kasab, whole nation saw him live on tv shooting people .

R C Nigam (xxxxxxxxx)     30 March 2011

Advocates must be severely punished for such immoral acts, rather the advocates act be suitably amended to deter them from such misdeeds. I may recall the incidence at the CAT, New Delhi in Jan 91, when the Railway advocate lied before the Tribunal in a contempt case that the judgment order, for according correct seniority,  had been fully complied with and bill of arrears, so accrued, had been passed but the petitioner being on leave had not drawn the amount, while the fact was that compliance was done in May 1992 and bill was passed in 1993. The whole case file is still with me. What I feel that along with the modification of the Advocate Act, the Bar Council and the Judiciary be made answerable so that such fraud is not perpetuated on the litigant. Even the proforma of VAKALATNAMA needs an overhaul, which is a mockery of our Judicial system, absolving the advocate of all responsibilities.


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