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apoorindian (System Admin)     18 March 2010

Lawyer turned hostile

Hi I was forced to change my lawyer. He refuses to give me my case history inspite of paying him a lot.

I have also reason to belive he was two timing me. Now he is threatening that he will withdraw the bail applicants names. These 4 people(local people he got hold of) gave their names on our bail application. If he does such a thing can magistrate again issue warrants. we are on regular bail,

regards



Learning

 4 Replies

TANMOY BHATTACHARYYA (LEGAL ADVISER)     18 March 2010

CHANGE YOUR LAWYER. GO TO THE CONCERNED SECTION OF THE COURT OR THE CONCERNED BENCH CLERK OF THE COURT WITH THE CASE NUMBER AND GET THE INFORMATION.

Daksh (Student)     18 March 2010

Mr.Apoorindian,

Your Lawyer is supposed to follow your instructions and should deal with you in ethical way.  The way you have depicted your Lawyer "IF IT AT ALL IS TRUE" then it is shamful. 

It is advisable that you can change your lawyer by taking NOC from your previous Lawyer after settling his/her dues and ask him to inspect the records/get the certified copies of the records for your perusal and for future use and reference.

Even you are also within your right to get the record inspected after following the procedure in this regard.

Best Regard

Daksh

Dharmesh Manjeshwar (Advocate/Lawyer)     18 March 2010

This Advocate's behaviour is shameful ... U can complain to the Bar Association .... Further from what u have mentioned ... i gather that he helped u to get sureties .... Even if he applies for withdrawal of sureties ... U will get a chance to furnish fresh ones or U can avail of cash bail ....

relevant sections of Cr. P. C. for ur understanding below .....

 

444. Discharge of sureties. (1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.

(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.

(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.

Section - 445. Deposit instead of recognizance. When any person is required by any Court or officer to execute a bond with or without sureties, such Court or officer may, except in the case of a bond for good

behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond.

apoorindian (System Admin)     18 March 2010

Thanks everyone for your replies. Believe me as far as money is concerned I have given him Rs 40k upto now. The biggest problem is 498a case is from different town and state. Thats why I cannto do any thing?

Also when normal god fearing folks get tangled in legal mess they become nervous like me.

Thanks again.


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