friends (Professional) 16 September 2010

Please Advice

Hi,

There was a NIA 138 case against me, which was a false case and I have given all documents to my lawyer for quashing with his charges, but it has passed three month time where that lawyer saying it has been stayed by the High Court, but he is not giving me any document, just given me a case no. which I have checked and found that no is does not exist in high court case list.

Now the lower court next date is 5^th Oct-10, a

Even he is not picking my ph and even he is not replying my messages too. I am staying out side of that state, and the junior of my lawyer said no case has been filed by them for quashing.

I need your valuable suggestions.

Regards

Ellin

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20 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 16 September 2010

For filing case in HC you must have affadavit, so you must know.

friends (Professional) 16 September 2010

Yes sir, i have signed a Vakilnama

I have not signed any Affidavit

friends (Professional) 16 September 2010

Yah, you r right, he said that the Vakalatnama is enough for it. hence....

P.K.Haridasan (Advocate) 16 September 2010

It is your right to know the facts of your case from your Advocate.

Adesh Kumar Sharma (Senior Associate Lawyer) 17 September 2010

My dear friend,

You must make a complaint in the concerned State Bar Council for the professional misconduct of that Advocate. Further approach/hire other Lawyer for filing of Quashing Petition in High Court.

Thanks

friends (Professional) 18 September 2010

Thanks a lot to all of you for your kind cooperation, i have contacted one more sr Advocate vis phone and told him all detail, he is saying i have a good ground for quashing, but the problem it has passed a long time hence it will be difficult to approach for quashing.

He is saying that i have to take another date from the lower court, and filling written petition against commissioner of police, before hon high court, so that will help me to fight with them. (because there is a 1CC case against that complaint)

what do you think, will it be a right decision for me at this time.

He is calling to come down at anytime for this work, but the court date is 5th of oct-10

please help me

regards

Ellin

friends (Professional) 18 September 2010

Aadesh Kumar Sharma

Senior Associate Lawyer sir, i am a very uneducated about the judiciary system, can you please help me how to make a complaint against that lawyer at the Bar Council, is there any format and section used for the same.

please suggest me .......

thanks in advance.

Regards

Ellin

Adesh Kumar Sharma (Senior Associate Lawyer) 18 September 2010

My dear friend, you can make the complaint under section 35 of the Advocates Act, which be read as hereunder:

Law - The Advocates Act, 1961

35. Punishment of advocates for misconduct.

(1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.

¹[(1A) The State Bar Council may, either of its own motion or on application made to it by any person interested, withdraw a proceeding pending before its disciplinary committee mid direct the inquiry to be made by any other disciplinary committee of that State Bar Council;]

(2) The disciplinary committee of a State Council, shall fix a date for the hearing of the case and shall cause a notice thereof to be given to the advocate concerned and to the Advocate General of the State.

(3) The disciplinary committee of a State Bar Council after giving the advocate concerned and the Advocate-General an opportunity of being heard, may make any of the following orders, namely: - -

(a) Dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed;

(b) Reprimand the advocate;

(c). Suspend the advocate from practice for such period as it may deemed fit;

(d) Remove the name of the advocate from the State roll of advocates.

(4) Where an advocate is suspended from practice under clause(c) of subsection (3) he shall, during the period of suspension, be debarred from practicing in any court or before any authority or person in India.

(5) Where any notice is issued to the Advocate-General under subsection (2), the Advocate-General may appear before the disciplinary committee of the State Bar Council either in person or through any advocate appearing on his behalf.

²[Explanation. -In this section ¹[Section 37 and Section 38] the expression Advocate General' and 'Advocate-General of the State' shall, in relation to the Union territory of Delhi, mean the Additional Solicitor General of India].

1. Omitted by Act No. 107 of 1976

2. Ins. by Act no. 21 of 1964.

Thanks

friends (Professional) 18 September 2010

Thank you very much sir for your valuable advices.

Aftab4u (PVT EMPLOYEE) 18 September 2010

Dear Sirs,

My dear friend, you can make the complaint under section 35 of the Advocates Act, which be read as hereunder:

Law - The Advocates Act, 1961

35. Punishment of advocates for misconduct.

for mis-conduct of advocates we can file the complaint as per the above section if a Megistrate / Judge doing favour for ex-partee by any reason and abusing the process of law what are the sections we need to file and for whom we need to send complaint . Pls advice.

Thanks Aftab

friends (Professional) 20 September 2010

Yah, u r right, i don't know more abut the law but, i know if i have not done anything wrong then why should i fear, he did a bad practice with me and i just want to inform Bar Council that this thing is happened with me, i'll give them the documentary evidence which i have,

My request to you, if anything you want to tell me and save me for more complications, please clear me your view.

I would be appreciate.

Regards

Ellin

Adesh Kumar Sharma (Senior Associate Lawyer) 21 September 2010

well my dear friend you just need to mention all the facts in your complaint and address it to the President of Bar Council of (name of the state), for example Bar Council of Maharastra or Bar Council of Delhi. You mentioned all the facts how that lawyer misguided you and how did you suffer in you case due to his misguidance.

Thanks

SIDHES JENA (CEO- Jena & Company www.jenasworld.com) 21 September 2010

This is not the right fact that all advocates are like his/her advocate; if that advocate is not loyal to him/her then he/she has a right to move for a fair justice, that’s why that law is there. I think he/she is not in the right position to express his/her problems;

Well Mr/Miss. Friends, if you have any doubt you can go to the concerned Bar Council and discuss your problem before you making any wrong step. I think it will help you to move forward.

Wish you a luck.

SIDHES JENA (CEO- Jena & Company www.jenasworld.com) 22 September 2010

I am very sorry to tell you my dear friend, be a professional, don’t think you are the best,

Helping someone is a great thing, misguide someone is opposite to that,

Don’t you think that, your suggestion is the last suggestion for him/her & if he making a complaint against that advocate it doesn’t mean that he is making an offence?

I think he/she has the guts that’s why he/she is daring to making a complaint against that Advocate, and another thing what do you mean by proper forum, for applying for a quashing is that not a proper forum?

It is showing the knowledge of the person who doesn’t know the meaning loyal and why I have used that word there.

Wish you best of luck, keep learning, it will help you.