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CAN A PERSON FILE APPEAL/REVIEW PETITION WITHOUT LAWYER?

Page no : 2

wilson (service)     20 April 2010

mr lawyerphcb, i have already posted the case under caption -HELP DVC VICTIM in the same forum. kindly go thru the details and advise so that my friend can put stright the problems he faced with his wife and daughter and how he can come out of their torture... regards..

valentine (Advocate)     23 April 2010

Dear All,

This kind of discussion may go on unchecked. However, the fact that is revealed therefrom is that the litigants are not satisfied either by judges of advocates. Otherwise why they should choose to fight their own case? In India any litigant can fight his own case as Party-in-Person. It is well established that a person can safeguard his own interest in a better way than any other person.

 

The above fact notwithstanding, the litigants must realise the fact that the legal procedure is not only cumbersome but also very complicated. It sometimes baffles the best advocates. Again the legal procedure in Indian courts is extremely lengthy, which tires the litigants and plants doubts and dissatisfaction towards the legal system in their minds.

 

It is an open secret that Indian judiciary is most corrupt because it is declared many times over by CJi of India and other legal luminaries. Even the lawyers are harassed and have become victims of such corrupt practices. It is difficult to play honest and fair game in this profession.

 

The woes of the lawyers are increased by the fact that the litigants are not aware of legal intricacies and complications in any trial or suit. The facts, witnesses, evidences all play a very important role. Again proper law is applied to all the above ingredients to arrive at a proper and just judgement. When the judgement goes against the litigant he/she feels that he has been discriminated against but the fact may be different. He may not appreciate the merits taken into account while arriving at a judgement. Judge's mood, approach and mind will also have an impact on the final judgement. Even litigant's behaviour, conduct and demeanour  are of vital importance and play a very important role in judgement. All these aspects should be well advised to the litigant by the lawyer and try to remove any doubt in his mind.

 

Valentine


(Guest)

Yes, valentine.  I agree with you in all respects.

girishankar (manager)     24 April 2010

Yes, valentine.  I agree with you in all respects. If you go deep diging it will become one more IPL


 

1 Like

valentine (Advocate)     24 April 2010

Dear Girishankar,

 

There are so many IPL-like scandals in judiciary. Everyday some new IPL is taking place in the courts. I have heard that in Indore (MP) the signboard reads "Court Nashe Mein He". The judges have no respect for the advocates and they insult them in front of the litigants. They promote some advocates and pull down others. The is the money-game and less-privileged advocates are the sufferers. Nowadays in courts the dominant value are "face value" and cash value". Even clerks of the courts earn more than the advocates. They become advocates bosses and demand money for moving papers and giving information on the stage and date of the cases. Litigants come to courts as a last resort to seek justice, but here is the place where most injustice is being practiced.

 

1 Like

girishankar (manager)     24 April 2010

Well said Valentine,

Rich get Richer Poor Get poorer.........Wise get wiser Fool becomes Fooler as soon as he  enter in to arena

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     29 May 2010

Individual just reading some book or article get misconcieved viewpoint of law which also get supported by few advocate friends.

Please note that the judicial sytem does not work as mathamatical formulas and interpretation defers from person to person.

The gentalman WILSON seems to blame everydody else than himself.

First of all do not forget that there is other side also who opposes all submissions done on your behalf.

Secondly you can not produce or give any argument or document not given  in lower  court earlier.

Thirdly High court have less time and more cases so if you are fully prepared and can explain your side in less words and with more content than only you will be heard otherwise your case will be thrown in initial few seconds only.

I say few seconds only because just read the reports of disposal of cases by the newly appinted Chief Justtice of Supreme court of India Justice Kapadia on his first day at SC.

Arup (UNEMPLOYED)     31 May 2010

I AM ONE OF THE VICTIM / WITNESS OF SUCH MISCONDUCT BY ONE OF THE COURTS OF INDIA, AS MR WILLSON AND SOME OTHER FELLOW FRIENDS HINTING. UNDOUBDTEDLY - IT IS THERE. THE ULTIMATE AIM IS - 'TO SECURE THE ENDS OF JUSTICE'. I DID NOT GET IT. I AM AGRIVED. I WANT TO PLACE MY MATTER BEFORE PUBLIC / APPROPRIATE AUTHORITY / MEDIA. ONLY CONDITION IS WHETHER THE AUTHORITY ABLE TO GIVE ME RELIEF.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     31 May 2010

if you expect that  with a threat in your hand that relief must be given to you nothing will  happen. YOu have put efforts and go on trying from all avenues.

Just by crying that injustice is done has no meaning.

Arup (UNEMPLOYED)     31 May 2010

you are right mr lawproblems.

can you suggest any way out?

Arup (UNEMPLOYED)     31 May 2010

i am sorry i am not replied mr willson.

yes you can. but you have to strong enough to attend the court

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     31 May 2010

All the persons who are loosing blame everybody else than themseves.

The courts work on evidence and submission, if opposition has strong advocate and so he is sucessful.

In the juditial system there is no fix formula.

Coming to relief which is defferent than justice or truth.

If you want relief you must be dellegent in your efforts. In blaming your efforts are wasted and no body have sympathy with you. And even some people may show sypathy to you as on this site but it will not bring results.

Please send the synopsis of the case by email to us at lawproblems@gmail.com

M. Sarfuideen Ali Ahamed (lawyer)     31 May 2010

you have every rights to conduct your case but in leagl terms and knowledge you had  exprience in family law. therefore you must engaged a lawyer in your case.

valentine (Advocate)     31 May 2010

Mr. Wilson,

 

There were, and shall be millions of litigants in India like you who have been discriminated against. Nobody bothers. As I have already emphasised in my earlier communication,  litigants come to the court as a last resort. But what they get? Injustice in most of the case. It is no new thing that justice is sold and purchased. Judges sitting on a high dias don't bother about the decent and relevant, to-the-point arguments of the advocates or the facts presented by the litigants. The case is decided on who enters the V.P. The rich and famous advocates who charge lakhs of rupees takes the crown and the poor litigants suffer. But I wonder why no action is taken when the CJIs themselves have declared a number of times that the Indian judiciary is most corrupt! Whether one fights the case in person or through a lawyer it makes a little difference. You have to reply upon your luck and not on the written law and well established facts. Facts can twisted and turned in favour of the incumbent more powerful. 

 

Unless corruption if abolished from judiciary, lawyers, litigants and other connected forces would be helpless because judges are not accountable for giving false or faulty judgements. All litigants are not capable of going to higher forums in this poor country. Your cry will prove to be a cry in the wilderness.

2 Like

neel (self)     13 January 2011

Very well said by Adv Valentine.

 

 

The result of all this is that it creates a mass of disgruntled people in the society, and vent out the frustration somewhere elese where even judicial officers and their dependents are at mercy of those...take school, doctors, engineers, public works....

 

 

A disgruntled teacher also sometimes may happen to examine the papers of young aspirants, in the same mood of frustration from miscarriage of justice where kids of judges also study.

A disgruntled signalman or airline staff also can create havoc in depressive mood where judges and other dignitaries travel but don't have jurisdiction to exercise checks on daily operations.

 

 

Man is a social animal and has to depend on others from  farmers...to ...soldiers.

Even judges end up eating adulterous food items,

 

 

A few bad apples wastes the whole craddle. Are taxi walas, auto walas, doctor blamed with the same just b'cos of few,

other Doctors,  auto walas retaliate to raise voise against such 'bad apple's bcos their livelihood also affects due to such bad name to their profession.

 

Then why lawyers raise voice against the 'black sheep' in their community.

 

Every litigant who starts contemplating to fight on his own ............should be taken more seriously and introspectively by lawyers (from above perspective.)

 

'equity' emanates from judicary.

And society gets what it deserves!!!!!

2 Like

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