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Alameen International   22 May 2022

Can a defense lawyer give a no objection statement in open court to judge to pass order against his

pls clarify whether a judgment is passed by chennai high court in regard to a defense lawyer making a statement against his client in open court to a judge to pass order against his own client without written consent from his client

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 3 Replies

N.K.Assumi (Advocate)     22 May 2022

The Courts in this country does not require any certificate from any one to convict or acquit any person in a case. The judge may hear them patientlt but not bound by them, and has to pass his/her independant judgment. This is a very peculiar incidents, and in my personal view the act of the Counsel amounts to  professional misconduct. 

Alameen International   22 May 2022

sir, thanks a lot fr yr reponse to my query. in fact i am mg. dir. of my co & i was present in DRT court chennai in 2018 & presiding officer of drt court asked my defense lawyer if i pass order against your client do you have any objection,to which my defence council said no i have no objection.but in the I.A. order presiding officer quoted since defnce council agrees to cooperate with this court i announce the date of final order as 31st may 2018. when i appointed another lawyer p.o. said in another order that previous counsel agreed for no objection for further arguements hence he will not allow further arguments & only written arguements will be allowed.  

N.K.Assumi (Advocate)     22 May 2022

I responded to your query on persumption as a Criminal Case. Interim application in DRT or Civil cases are filed  for various reasons, and unless the facts are known for which the proceedings occured, there can not be any answer to tyhe query, as it will be only a speculative opinion. :

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