Upgrad LLM

regarding murder occurred due to motor accident

Lead Engineer

Dear Sir,

My brother has passed away in a unlucky event of bike accident on March 14th 2010. The related judicial affairs has been handled by one lawyer and we realized that he is not doing his good work. It is 1 year over and still there is no progress in the case. Also, he is not giving us proper feed back on our queries and very otiose. We doubt the opposite party has bribed him.

We would like to appoint another advocate. Please let me know what is the procedure to switch to another lawyer. Also kindly provide the details:

1. Death occurred is due to brain injury and the witnesses and FIR says that the other party was over speeding and the fault is on their side. How should I go forward with this information. 

2. How many cases can be registered? 

I never had an experience with any judicial cases. Any useful inputs are very appreciated.

 

Yours Sincerely,

Shaji

 
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practicing advocate

If you are not satisfied with the present advocate, you can terminate him by issuing a notice if he didn't agree  to give no objection to you.

How come you say it is murder?  What FIR says it is be seen first to advise properly.


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Lead Engineer

Thanks you sir.

How can I send a copy of FIR to you.

 
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Legal Practice/Litigation New Delhi 09582547570

Shaji

You can engage another advocate of your choice by signing fresh Vakaltnama and say your previous advocate goodbye by issuing notice.

In accidental death case there are two kinds of cases arise. One is criminal that is for punishment for the person who caused the accident. Other one is for compensation to the dependents. Such case is filed before Motor accident Claims Tribunal.


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Lead Engineer

@Mohd Musabbir Ansari   Thank you sir for your valuable advice.

I have already intimated my current lawyer that I'm going to appoint a another lawyer. When requested for the status of the case he said the PLC is got registered.  When asked what PLC is he is not giving a proper reply. Could you please tell what PLC stands for and what is its importance in the context.

 

Thanks,

Shaji

 
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Lead Engineer

Sir,

Last week, I approached the aforesaid lawayer, when my newly appointed lawyer asked for the plaintiff. But, he with no regret told me that the case is not yet registered in the court. I actually got shocked. When I asked the reason, he responded in a very unprofessional way and this stupid guy said "happened is happened, now you go with your new lawyer, he will file the case in court". He was dragging the case for 1 year and in this period I was frequently visiting his office for status of the case and he always responded to me like the proceedings are initiated in the court and everything is going fine. Even, last time he said the PLC is ordered and need my mother's sign to proceed further.

He has done clear violation of Professional Conduct and Etiquette for lawyers practicing in India (http://www.barcouncilkerala.com/etiquette.htm). Could I prosecute him for the same or how to submit a complaint against him for the violation of etiquette, before Bar Council of India?

Thanks,

Shaji

 
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