jitesh (proprietor) 04 June 2010

Misconduct by Lawyer

A case was initiated against one of my relative by her husband for restitution of conjugal rights at Tis hazari at Delhi,since the girl was living outside Delhi She filed the transfer petition in Supreme Court to transfer the case in her city, She also got a stay order from the supreme court against the case at Tis Hazari ,However her lawyer supressed the Supreme Court stay order and did not inform the Tis Hazari court about the stay order.The case (Restitution of Conjugal Rights)was decreed ex-parte by Tis Hazari even when the Supreme court stay order was in force.This information was also supressed from her by her lawyer until recently .CAN ANY ONE SUGGEST WHAT TO DO.

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5 Replies

Daksh (Student) 04 June 2010

Dear Jitesh,

As a standard practice the order of superior courts are sent to the concerned Courts for information and compliance and also it is the duty of the lawyers to keep the court posted about new development in the matter.

Now by a fresh Interim application you may approach the court for setting the record straight as the order of the Apex court will definately have power of supritendence over the district court.

Best Regards

Daksh

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RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 14 June 2010

I do agree with the views of my Ld. friends. U can call me at 9871158578 for further help.

Arup (UNEMPLOYED) 16 June 2010

advocate may try to suppress but it is not possible. because one direct copy from sc to concerned court must be send. it might be that the concerned court staff do not attach that copy with the file under the influence of bribe or somethingh like that.

therefore you put the order copy of directly to the court alongwith a petition for attaching the same with the case file.

do not give the original copy. just show it when necessary.

AA RAMAKRISHNAN (SR. ADVOCATE) 18 June 2010

Dear Member:

A court can set aside an ex-parte order if sufficient cause is shown by the party as to why it was deprived of the representation. An appeal will also lie in the superior court even against the present order and in that matter the superior court will consider all the aspects and send it back to the concerned court according to the order of the SC.

You can also file a suit against the lawyer for misconduct and compensation. A representation can also be filed with the Bar council against the lawyer for misconduct.

Thanks.

AAR KRISHNAN