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Prasad   06 May 2018

Contempt of court

An advocate has interfered and obstructed the court staff in issuing a petition copy to the respondent. The advocate was simply scolded by the judge when the advocate admitted the mistake. It amounts to contempt of court.

Question: Can the respondent file a case on the advocate and under which section of the Act?

Thank you..

 



Learning

 5 Replies

Dr J C Vashista (Advocate)     06 May 2018

Vague and hypothetical query 

1 Like

Prasad   06 May 2018

It's truth and happened in a court. If u don't have solutions simply remain quiet.. Thank you.

P. Venu (Advocate)     06 May 2018

When the advocate has admitted his mistake and the Judge has taken a lenient view, there no cause for any further action, unless the incident caused any prejudice to you.

T. Kalaiselvan, Advocate (Advocate)     07 May 2018

This is a court administration issue and if at all the respondent had any grievance on this, he  could have been taken up on the same time before court.

An action on this at a later stage is nothing but an after thought action.

 

However since the court has already chided or passed strictures on the advocate, no more action will be necessary beyond this. 

The remedy due to the respondent has been given by court on the spot.

 

Despite this if you really want to pursue the matter, you may file a petition before the court on this seeking remedy by attaching the substantial evidence with witness.

 

Prasad   08 May 2018

After the incident.. The Advocate had never attended the hearing and further 3 hearings to accept the written statement and the Hon'ble Judge had taken the counter to hand over to the Adoc ate.. The conduct of Advocate definitely had caused annoyance to the person.. can I use Sec 2 (c) read with section 12 of Advocates Act.

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