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(Guest)

Complaint against a designated senior advocate and advoacte

During the Pendancy of an appeal in one of the case in Hon'ble High court, The Sr. Advoacte and the assisting advocate tendered an affidavit in the Open court. Then the Petitioner filled an counter to this.Aftre this the first Affidavit went missing from the files of Hon'ble court and then a second affidavit was filled by the Respondent. The Petitioner objected that an affidavit cannot be filled after the counter affidavit and  Since this affidavit was filled without the express permission of the Hon'ble court the Petitioner went ahead and filled a misconduct case in Bar Council.

In Bar council The Sr. Counsel and assited by the Advocate took a stand and filled an affidavit that there was only one affidavit filled and that was after the counter affidavit. But there is a record in affirmation register of the Hon'ble High court that there are two affidavits which were afiirmed. We have given these evidences to the Bar also. Will the Bar act on this misconduct.

Is The Senior counsel and assiting advocate liable for an contempt of court. SInce they are on affirmation and they have filled a false affidavit can they be prosecuted u/s 181,182,191 of IPC.....



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 8 Replies


(Guest)

can anybody provide sugesstion on what should be done in this case.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     01 September 2011

There are no of people here suggesting bar council action and even police action and what not. Dear freind you have to prove any complaint by  hard evidence not allegations. more over such complaints end up to SC so you should be ready to persue it upto that level .


(Guest)

Dear JSDN Sir,

Many thanks for your Suggestion.

The party had complained to Bar Council U/S 35 of Advocate Act. The Bar directed the Sr. Advocate and the Advocate to file there Affidavit in response to the complaint. In which the Both the counsel had taken a stand on Affidavit that " There was only one Affidavit which was filled, as the first Affidavit could not be affirmed, since the person who was the deponent could not come to the court".

To provide you the breif... The party was in appeal and the respondent tendered an affidavit in th open court without the permission of the court. The Respondent in this case handed over an un affirmed affidavit to the Party and this party sought time for the Hon'ble High court to file the counter affidavit.

Then as following the procedures the party tendered her counter in the Registry.

Subsequently one of the Learned Judges got promoted as cheif justice of another Hon'ble High court.

A copy of the Counter was handed over to the Advocates.

On seeing this counter, the Advoactes changed the contents of the Affidavit and filled another affodavit on the new Bench assingned to the case.

The Party took objection that there is already an affidavit and how they are filling the another affidavit.

Subsequently the case went to Bar as as DC No....

In the Bar council Party requested the Bar to check the AFfirmation register of the date. The told that it is not there responsibility and then the Party applied to the Hon'ble high court to provide the Affirmation record of the specified date. Subsequently party wrote letter to the Hon'ble Cheif Justice of India and the Cheif Justice of the Hon'ble High court. After this the party recived a letter from the Registrar General of the Hon'ble Supreme court " saying that she should approach the concerned court to collect the affirmation record" and upon the instruction of the Hon'ble Supreme court the Hon'ble High court was pleased to provide the affirmation record of the register of the specified date. There is an entry in the said affidavit which got affirmed  on the specified date. As Hon'ble High court will not put an entry on there register whithout witnessing the deponent and collect the fees of Affirmation.

hence it is proved that the Deponent was present and the Adocates are lying in the Bar. A case is already in the Bar and Bar council of India. The Information has been sent to the Honble Cheif Justice of High court and Hon'ble Cheif Justice of India.

We are determined to fight this in Hon'ble Supreme court of India... as the Advocate are custodians to the custodians to the Liberty of the Citizens and a very heavy responsibilty is cast upon the advocates. The hon'ble courts should take a strong notice in this case, as this has not been done by a fresh student, it has been done by the advocates who claim to have unblemished record.

The SLP is already in Hon'ble Supreme court and already one contempt application has been moved.

We thank you for your suggestion and guidance. The real truth has been explained above.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 September 2011

My intention is to tell you that you must put efforts for winning the case instead of wasting eneries in trifles which will have no real  effect on the case in the courts.


(Guest)

Dear JSDN Sir,

Many thanks for showing us the correct path.

Regards,


(Guest)

filled a case under section 340 CRPC.


(Guest)

Je Nahi Sakta to Jeene ke tamanna chod de, Bahte Bahte jo Thaer jaye wo Dariya Chod De,

Fool the hum, Humae kanta bana diya, aur aab kanto se kehte ho ki chubna chod dein.

We are moving Hon'ble Supreme court of India with a Contempt Petition.....


(Guest)

The War is entering into the final stage......Ravan, Meghnath, Kumbhakaran all will be burnt today........Happy Dushera. After celebrating the Victory on Lanka... Lord Rama will be welcomed in Ayodhya... Soon we will celebrate Diwali.....


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