Divya (nil) 07 June 2013

Does an advocates' false statement or reply bind his client

Dear Experts

I had filed a criminal revision application before a sessions court and I am the original complainant.

The matter now has crossed the stage where both the applicant and all respondents (original accused) have filed their written arguments before the court.

But the argument filed by respondents (several in numbers) seems to be totally out of context, weird and grossly misleading and immature to mislead and do fraud on the court.

I am sure that the written arguments filed by the respondents is not approved or even read by all respondents. "Respondents also includes top management of a leading bank."

Can I file an application before the sessions court to get in writing from all respondents that they agree to the written arguments. I need to take some similar step as I will be taking the matter to a high court..

Please suggest me some action wherein I take confirmation from all Respondents with the help of the court so that the Respondents agree to the statements & arguments filed by their lawyer so that in future none of the respondents take their hands back for being unaware of their lawyers’ written false and misleading arguments. The matter is very serious.

Thankyou

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9 Replies

Advocate Deepak Gupta (Lawyer) 07 June 2013

Divyaji , Lawyers never file false and misleading written arguments. Argument always based on evidence and document submitted by the applicant v/s respondent , Prosecution v/s Accused . Its NOT FRAUD on the court . your SURE ( Presumption ) having no relevancy , value in written argument submit by respondents and its totally imaginary .Every person very well aware of his good and bad . I welcome your revolutionary idea . Word FRAUD ON THE COURT , MISLEADING , IMMATURE , LAWYERS WRITTEN FALSE AND MISLEADING ARGUMENTS is highly objectionable and defamatory. I welcome about your revolutionary idea and I am desperately waiting to appear in HC ,SC if any petition file by you.related with your revolutionary idea .

Divya (nil) 07 June 2013

Hello Mr. Deepak

I am handling several litigations as IN-PERSON before various courts and i am well aware of my words...

I am not defaming ur profession or either ur members...

My query is direct and different as I want to know if an advocate files some wrong statement before a court & what is the assurance that the client will accept it...Eg:- If tomorrow I approach a higher court and array all respondents for contempt or false affidavits in case of perjury : HOW do i make myself and the court sure that all big shots know that thier lawyer has written this...

Its not a matter to be by-passed by me at this stage at any cost.

Rahul Kapoor (Legal Enthusiast) 07 June 2013

hello,

that WS must accompanying affidavit signed by respondents ?

you also have option to file for perjury.

regards-

rahul.gogreen@gmail.com

Divya (nil) 07 June 2013

Hello Rahul

Thatz the big issue...The Written statement or the arguments does not carry any affidavit or other document which shows that its read & signed by all the respondents..

Hence i needed to find a way to either ask the court to confirm with the respondents through an affidavit or some other application which i wanted the experts to answer here....Can i ask the court to seek a documentary evidence from the respondens to have a future safety so as to prove that its signed by the accused ??

Rahul Kapoor (Legal Enthusiast) 07 June 2013

ask them through court why they have not filed affidavit along with WS.

also check if they have filed proper vakaltnama.

Sonia Dhamija (Advocate) 08 June 2013

If the contents of the written arguments are at variance with the pleadings (on facts) of the respective parties and if such written arguments carry only the signatures of the advocate(s) of the concerned parties and are not supported by their affidavits, you can request the court to ask the parties concerned to file the written arguments with a supporting affidavit.

niranjan (civil practice) 09 June 2013

You can apply to theCourt to invite respds.confirmation of allegations made in the argument,however,better you file reply to those arguments and prove in connection with evidence on record that they are beyond evidence and then wait for hon.cour t to decide the matter.

Never Give Up (Fighter) 10 June 2013

If the reply in the written statement is out of context , it would help you in your case , thats what i believe.

Also, lawyer is just representative of their client. If respondent reads the written statement or not that is immaterial .What is more important is it is signed by all respondents. Lawyers do not have any responsibility for the WS signed by parties. Its the client who takes all responsibilities for all the papers they sign and i believe it is written in the Vakalat Nama as well.

**I am not lawyer**

Divya (nil) 10 June 2013

Hi All

thankyou for several suggestions...

Its a two side sword....It benefits me temporarily if i dont ask court for any re-confirmations from the respondents.

But because I intend to file later either a perjury application for false statement OR A CRIMINAL CONTEMOPT Application for false evidence, hence to be on a safer side it is advisbale for me to exercise precaution....Since all respondents are very strong in termf of all power; they can refuse to abide later that they are not aaware of what their advocate has filed....Thatz the only dicey point...

Law has certain loopholes....They may just later retract they are not bound by their advocates' statement though Vakaltnama is a very document which has several legal imlications also which gives the lawyer a liberty to file statements on clients' behalf.

Thankyou again.