Divya (nil) 09 January 2014

Complaint against opposition lawyer

Respected Experts

There a bank advocate who violated all provisions very boldly of CPC, CRPC, RBI guidelines, and all other statutory guidelines...

She leads the initiative for false recovery proceedings, false property attachment of my parents etc..

i file a complaint against her in the Bar council Mumbai....

she now tries to get my complaint filed against her dismissed on the grounds that I am not her client.....I am an opposing party as per court records and is bar council so adamant that only the clients can complaint against an advocate.....

if an advocate and his/her acts are breaching the public peace and making a mockery of the judiciary procedures, does my complaint stand dismissed only because i am not her client.

very rarely courts acts against advocate if a criminal complaint is done. if i file a complaint as per IPC, it gets dismissed stating that i should approach bar council...

please advise whther my COMPLAINT TO BAR COUNCIL against the advocate stands dismissed.....She has filed false recovery proceedings, false affidavits etc etc son as to harass my parents and my entire family

Thankyou

Reply Follow

4 Replies

venkat subbaiah (ADVOCATE ASSOCIATE) 10 January 2014

Misdemeanors by advocates Denigrates the integrity of the profession. It is also a sensitive issue that has to be dealt carefully. Complaint will not be dismissed on that reason and it shall be disposed of on merits. Merits means to go to the root cause of an issue and decide whose mistake or fault is there. Definitely the bar council heeds your concern but you just keep faith in it. If justice is not done there then you can approach human rights commission and bar council of India. Sometimes one has to travel too far to get justice in this country.

Divya (nil) 10 January 2014

thanku sir for ur reply.....yes for justice one has to travel too far both in terms of efforts, money & time too

Adv. Chandrasekhar (Advocate) 10 January 2014

If you are aggrieved for false recovery proceedings, you have to appeal against such proceedings. If you are aggrieved against false affidavits, you have to resort to S.340 Cr.P.C. You cannot complain against the advocate in the Bar Council for disciplinary action against the purported acts he ostensiably is taking in the interest of his client which naturally not your liking. Briefly if they are illegal in your view, you have to appeal against them or follow the penal provisions stipulated in the statute. The bar council is to govern the relations between the advocate and his client with respect to his professional conduct and not to govern the relations between the advocate and the opposite party. If any illegality or irregularity is there in his conduct towards the opposite party or any other citizen as a matter of fact, it is beyond the pale of bar council rules and the aggrieved party has to take the recourse in ordinary law and the advocate is not given any immunity against his illegal/irregular/immoral acts.

Divya (nil) 10 January 2014

sir its not just false recovery proceedings & false affidavits...

due to false procedings, she does fraud on court & gets orders wich r void..second she personally comes in d house of my parents for false recovery & gives in writing that she has never come/....third bailiffs and police reports r all manipulated wich do not show her name...

each application of that advcte filed in any court is full of fraud, misrepresentation, violation of all acts.....i don not know wich legal provision she has followed.....is fraud on the court & othr judicial authorities - not a misconduct..advocates have a list of duties towards the court.