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Legal Hlp   30 December 2022

Lawyer was absent when case called for cross examination, judge ordered penalty .

criminal case in the cross examination to begin

when I met lawyer in the morning, he said he will come for cross examination

junior lawyer came to the after call work and he went out . I was not aware he went out.

when case was called for cross examination, both senior and junior lawyers were not in the court

I went in when the case was called , they asked me where is the lawyer.
immediately I called the junior lawyer , he was coming but very slowly without concern. He came in, he did not speak anything. Nothing is communicated to me. Judge simply put the penalty and gave next date.

I am paying fee to the lawyer, attending the court by traveling 400KM.

what is my fault in this scenario.

Who has to pay the penalty, Me or Advocate?


 4 Replies

Suresh S   30 December 2022

From the narrative it is inferred that the lawyer has committed the mistake which is unaccepable.

After the receipt of money for the service, there must be justice to the layman. 

Dr J C Vashista (Advocate)     31 December 2022

The penalty is to be paid by you.

Change such a lawyer, if so.

N.K.Assumi (Advocate)     31 December 2022

Deferring cross-examination of the witness is the discretionary power of the court, and your lawyer can apply to recall the witness for cross-examination in the next hearing, by giving reasons for his inability of cross-examining the witness in the previous hearing. 

Dr J C Vashista (Advocate)     01 January 2023

@ Dear Mr. NK Assumi ji,

You might have observed from the facts posted counsel for the author of this query (concealed identity) has intentionally avoided cross-examination of the witness, which implies some other reason, accordingly the lawyer shall not come forward for seeking permission to recall such order / witness.

Wish you a happy, healthy and prosperous New Gregorian Year-2023

Thanks and Regards

Dr. (Maj) J C Vashista


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