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suryagaurav (manager)     02 April 2011

corruption case against advocate possible in any way

i am a retainer for a financial concern  which is engaged in receiving deposits and disbursing loan to public and i have to make  phone calls to remiind  their dues and sometimes take cash money in my  hand.

i am afraid that someday some evil defaulter make my action of receiving money recorded in mobile/camera(hidden).

and try to make me accused for taking money as bribe etc.

I want to know my rights and liabilities and defense in case of  such allegation .

please guide me .

thanx in advance for sharing your valuable time and energy for me.



Learning

 9 Replies

Carlisle Collins (Samaritan)     02 April 2011

Have you ever thought about handing out receipts for cash payment(s) received??? Preferably in duplication where the signature of the payor is also reflected on your receipt!

suryagaurav (manager)     02 April 2011

as the job demands i have to collect money sometimes , when I am there and pressurise him.

person hands over money to me and i deposit it the very next day. sometimes they give me as  consultation fee.

that is the main issue. should i receive money or not as consultation fee.

suryagaurav (manager)     10 April 2011

can they take me for prevention of corruption act in any way.

pls guide


 

Om Prakash Dhusia (HR assistant)     01 May 2011

Dear Friend Surya Gaurav: It may be my presumption and I wanted it to be wrong as for me you don"t seem to be solicitor but a recovery agent in the guise of solicitor and you must be acting in the same way as many financial institutions including the banks in India by employing small time goons to use all the criminal tactics to recover their money and when get caught by simply ignoring because such people are never on their roll. If that is not the case and if you are engaged in legal collection then why afraid of?Just collect the money, give them receipt and take their signature and by the way illegal activities are done in illegal ways, no body issues receipt for extortion.

Mr.Carisle Collins has suggested you the correct way, but if you are engaged in collection of money and not extortion in the way as I have mentioned.

Arup (UNEMPLOYED)     01 May 2011

should i receive money or not as consultation fee.

 

---   if your company allowed then others have no cocern.

but if company not allowed then the matter is seperate.

suryagaurav (manager)     01 May 2011

yeah,

    every learned friend guiding me , i am thankful to him/her.

as per dear  Mr.O.P. Dhusia  pointed some scenario.I am related to a financial concern, they provide loan and again when cheque got bounced or when they proceed civil cases.they expect me to guide them.

Now my position is consultant as well as advocate for them.In the meantime before or after matter goes to court, when they try to settle the case they go to office where again they are suggested to talk to me  for legal remedy or advice.

Now, accused calls me on phone and try to settle case, sometimes trying to give me some money  just to make sure that he is serious in making repayment.

I tell him to pay as much as possible and pay as soon as possible.

All conversation got recorded by accused.

In this case what is my legal position?

That was the query I asked and it has been resolved very efficiently , and now being an advocate I am assured that I am in safe side , but again I got confused after  that Mr. Shanti Bhushan CD scandal. what is the legal position of Mr. Shanti Buushan if he at any given time said all those things as mentioned in CD of Mr. Amar Singh.

Can he be liable to corruption act or any oither offence.

That is the main thing confusing me.

what is the legal aspect of telephonic conversation ,between two private persons, recorded withoutt permission.

can it affect one in any way in any matter.

thanx in advance

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

If accounts are clear no problem is any sharp practice naturally action will be invited.

Om Prakash Dhusia (HR assistant)     01 May 2011

Dear Suryagaurav, On the onset please excuse if you found me a bit blunt because it is ingrind in my nature. Kindly don't equate yourself with politicians and the game played by people like Amar Singhs to thwart efforts of reforms to which they can go to any stretch but the truth is EVES DROPPING  not sanctioned by competent authority is a crime under the law.You are infriging upon PRIVACY of a person if you do so as conversation between two is a private matter.

If some one offers you any reward for doing favors to him then it is called Bribe known to everybody and is a criminal offence for both the giver and the taker . So please indulge yourself in a healthy transaction with proper documentation because you have been authorised by your retainers and forget about framing allegation/charge which is very simple in country like India.

Regards

Sudhir Kumar, Advocate (Advocate)     29 November 2011

Futerue of recovery good is not very bright. Since PC Act is not applicable to you you cannot be charged fro bribery but can be charged for exportion if you are habitually recovering loans without court order.


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