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SANJEEV KUMAR (STUDENT)     19 September 2009

ADVOCATE MISCONDUCT

ON THE DAY OF BAILS APPLICATIONS OF THE ACCUSEDS THE ADOCATE OF THE COMPLAINANT SUBMITS IN WRITING THAT THE ACCUSEDS ARE KNOWN CRIMINALS & THEY WILL NOT COME TO COURT & WILL THREATEN THE COMPLAINANT.

ALL THIS WAS DONE JUST TO STALL THE BAILS. BUT THE REALITY IS THAT THE COMPLAINTANT HAS LODGED A FALSE/COUNTER CASE AND ACCUSED ARE RESPECTED PERSONS AND HIGHLY EDUCATED AND NO CRIMNAL RECORD AND SO ON............

CAN ADVOCATE BEING OFFICER OF COURT BE HELD GUILTY OF PROFESSIONAL MISCONDUCT FOR MISLEADING THE COURT IN WRITING???????????



Learning

 7 Replies

saumit joshi (advocate)     19 September 2009

no not at all dear bacause he submitted the facts on bahalf of his client. so as per my view advocate is not guilty for misconduct.

SANJEEV KUMAR (STUDENT)     19 September 2009

After all Advocate has duty towards court regarding fair presentation of facts. If any client say him to write bull sh*t then he will submit before court without applying his mind or without having knowledge of facts

Sachin Bhatia (Advocate)     19 September 2009

I don't think that there is any misconduct or misleading by the advocate. It is the duty of the advocate to assist the court in finding out the truth.

Ramesh babu (civil and criminal)     20 September 2009

Mr Sanjeev kumar , Advocate never mislead the court No way to misconduct and misleading the court.  you are responsible to proove your  self in the court .    

Dharmesh Manjeshwar (Advocate/Lawyer)     21 September 2009

Any Court will apply it's own mind to gauge the crux of the matter  and decide on merits .... Yes ..... I do feel that that there should be some restraints by Advocates ........  but since Advocates do not reflect their personal views/opinions before the Court .... as was done in ur case ..... what was submitted by the Complainant's advocate was only on behalf the Complainant ..... so how can the Advocate be held for misconduct and/or misleading the Court ?

SANJEEV KUMAR (STUDENT)     22 September 2009

Mr. Dharmesh

Although advocates act on behalf of client. But they are having certain duties regarding courts under advocate act. They are supposed to give fair view of case to the court. There should not be misleading facts presentations. when clent tell advocate to write which can affect the decision of court. Although they can not be held for professional misconduct but they must be made responsible/liable for such misrepresentations. i think advocate can be sued separately and alonw with client under different provisions of IPC/CrPC.

SANJEEV KUMAR (STUDENT)     04 October 2009

Ok, Can advocate or plaintiff be held for criminal contempt of court since plaintiff has tried to scandalise the court by submitting false statement


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