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puneet saxena (student)     13 June 2010

is lawyer is necessary to file a case

is it necessary to file a case through a lawyer and in a specific format in a court and/or high court(if case is against govt.).can any person file his own case in court as a general application for justice in which all the points about the case and relief asked by the petitioner under law  has been clearly mentioned and required court fee has been paid.

Regards

puneet saxena



Learning

 23 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 June 2010

It is not necssary to file a case thru., an advocate, but it is necessary to follow the procedure in the court, for that advocate is needed.

DR.SANAT KUMAR DASH (Eye Specialist)     13 June 2010

A       PETITIONER/APPLICANT       CAN   PLEAD    HIS   OWN   CASE      WITH   THE   LEAVE    OF   THE   COURT   IF    HE   KNOWS   THE   PROCEDURE.   THERE   IS   SPECIFIC     FORMAT   TO   FILE    A   CASE     AS      PER      HIGH    COURT      RULES.

G. ARAVINTHAN (Legal Consultant / Solicitor)     13 June 2010

Parties can appear and present the case as party in person, but to engage a case is for a comfort to follow the procedures contemplated under law

Daksh (Student)     14 June 2010

Dear Puneet,

I concur with Mr.Aravinthan and would like to add that it is necessary that the pleadings are formatted as per the court rules otherwise the registry is not going to list it for hearing.

For practical reasons it is advisable to engage an Advocate as he is not only knows the procedural knitty gritty but is also qualified, licensed to practice the most noble profession.

Best Regards

Daksh

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     14 June 2010

The pleadings are most important part of any case and mistakes of ommission are always fatal which a non legal person is not aware and hence even otherwise good case is lost. It becomes penny wise pound foolish that is you are caring for every paisa and in turn ruppees are lost since you loose sight of perspectives.

Arup (UNEMPLOYED)     14 June 2010

not necessary. may go ahead.

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     14 June 2010

party can appear before the court and file the case but for every case there is an paticular format.lay man doesnot aware of it.

Vitthal (IT Consultant)     14 June 2010

Can the judge allow the plentiff to argue alongwith the advocate ?

puneet saxena (student)     14 June 2010

thanks to all of you.

i want further information about legal service authority . can an  unemployed person who has attained the age of majority  can get the help of legal service authority in filing a PIL against the govt.order if the matter is related to larger public as well as fundamental right of petitioner is also being violated along with other persons of the public while the family income of the unemployed youth almost three lacs per annum but family is not ready to support for filing a case?

if yes what is the procedure to get the help.and if not why is he not eligible for seeking legal service authority help?

regards

puneet saxena

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     14 June 2010

VITTAL JI

ONCE PLAINTIFF GIVE VAKALT TO AN ADVOCATE HE HAS NO RIGHT TO RAISE HIS VOICE AT ANY STAGE BEFORE THE COURT OF LAW

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     14 June 2010

PUNEETH

UNEMPLOYEED YOUTH WHOSE INCOME IS LESS AS STIPULATED BY THE AUTHOITY CAN APPROACH LEGAL AUTHORITY FOR LEGAL ASSISTANCE

Arup (UNEMPLOYED)     14 June 2010

if you are above 18, and found violation of your fundamental right, may apply directly to the supreme court under art 32 and high court under article 226. may bring a pil under the same article at the same place as stated above.

you may request the concerned court for a free lawyer service if you are in very low income, whether family support or not is immetirial to the court.

1 Like

(Guest)

Dear Mr. Arup Kumar Gupta,

 

You made me wordless and helpless to express my feelings to pay you thanks for your wide & clear to the point knowledge in legal matters and your social concerns.....

 

Britishians gone and left the two english words "SORRY" and "THANKS" with wide range but you broken their range and gone out of their thought....... so "JUST THANKS" to you is not enough....... mind it "U R NOT A LAWYER" and providing your services proving with your accurate knowledge where I know many LAWYERS what they say and what they do that THEY KNOWS AND GOD KNOWS.......................

puneet saxena (student)     14 June 2010

 

Respected Sir Arup Kumar Ji

many  thanks to this useful information . i want some further explanation.if the case is related to violation of fundamental right by the order of govt . and a person whose fundamental right is being violated by the govt. order and he wants to directly approach the court without engaging any lawyer under article 32/226 then  is it necessary to follow a strict format for filing a petition or a simple application addressing to the .......................? that contains all the facts and information about  which  fundamental right  is being violated  and relief asked by petitioner can do the work?if answer is yes then what if the staff of the judge who register the case forbid to register because i approach the court without a lawyer and petition is not in formal format then what options i have?  

is there any court fee for petiton asking relief against violation of fundamental right? 

 

regards

Puneet saxena 


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