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Anil Kr Garg (Business)     18 April 2009

Telling lies in Court - whether a crime in India yet, and ..

I find that in almost all cases, one party to a suit speaks lies in court. They produce false documents purported to have been sent by UPC. They deny the most obvious facts and force other party to provide proof. All this is done to frustrate a litigant. Judges more often than not, know all these tacts but they are slaves to the procedure. Result, India ranks 180 in a list of 181 countries in business conditions on criterion of enforceability of contractual rights. Laywers are mostly the main culprits. They teach clients such delay tacts and yet plead ignorant completely. Kasab's case today is live example. Take out law from the society and you have death of civilisation. Why can't we take strict view of lies in court and punish whosoever incl lawyers and ensure speedy justice and save society and civilisation?



Learning

 7 Replies

N.K.Assumi (Advocate)     18 April 2009

Dear Anil,

                            I agree with your grievances: But see the Indian Penal Code chapters X and XI: Yes, lawyers through out the world will put its best to save the interest of their Clients. But it is the Judge that Rule. So your grievances is with the Judges not the lawyers.It is also said that lawyers are liars, but it is the Judge that gives the decision not the lawyers.

Swami Sadashiva Brahmendra Sar (Nil)     18 April 2009

it is client who lies and not the lawyer. a Lawyer advises and proceeds in acordance with law applicable to facts/conduct of parties.

Ajay kumar singh (Advocate)     18 April 2009

No one has got a right to abuse lawyers in such a way. please go through a book on LEGAL & PROFESSIONAL ETHICS and you will find that you are totally misled. So far delay in disposal of cases is concerned,our Honb'le Apex court is also of the view that JUSTICE IN HURRY IS JUSTICE BURIED.


(Guest)

Dear Sh. Ajay ji,
With regards to you and to Assumi ji and Dr. Tripathi ji I fully disagree with you when you say it is the client who asks Lawyers to lie and I also disagree fully when you talk of Legal and Professional ethics. Yes, there are too many good and too less bad nuts of each professions as well as general public too which spoils the brooth is more applicable when general public opens the statement as like Anil here did.
I know you may not agree with me so I will give you my own case illustration which ultimately prompted me-in-Person to file Complaint Case U/s 200 CrPC for the offences U/s 418, 420, 425 and 191 IPC against my wife and her Ld. Counsel. It has been accepted and Witness diet money is allowed too.
It was a very simple yet basic thing which my wife was hiding right from instituting her several Petition against me and her Ld. Counsel was also not telling facts to Court inspite of filling in two courts 2 seperate IA's just for them to bring on record the facts nothing else. Resulting in one court her Ld. Counsel sahib assured the Court that that is the address where my wife with child lives, hence my IA was dismissed.
I am hinting at Memo of Parties filled by my wife which is so basic a thing to start a litigation that when challenged by me and when wife is lying about it as a client then it is duty of Ld. Counsel either to leave the services of her or atleast do not lie further in Court and get a favourable Order which amounts to S. 182 charges too if I want I can go ahead under S.182 filling of a seperate case too.......but I choose S. 200 crPC r/w above sections... 
I feel sorry for both of them now that Complain Case U/s 200 CrpC is on in Tis Hazari Court for such a basic thing. I am not even talking here that similar nature Complain case is also filled by me at Patiala House Court for the same offence but jurisdiction is different hence it is not very far that this Ld. Counsel and same wife will get showcause notice of another S. 200 CrPC case just that they are constantly lying for a very simple thing in three courts in three different matters under three different jurisdictions.
So lying is very common in court Clients do it and so do few ld. Counsels too and I am a general public here so I will not say that general public do not lie and vice versa is also there.

What we need is immediate relief in perjury cases not after 3 r n number of litigations years spent in a court for perjury cases.
However, by above illustration my intention is not to hurt highly ld. members here but acceptance of facts in general should be there is what I want to convey.
Rgds,
D. Arun Kumar, New Delhi

Swami Sadashiva Brahmendra Sar (Nil)     22 April 2009

Dear Arun ji !

 

I am not only an advocate but also a litigant in dozen of cases. I also know that astrologers and priestly men categorise the legal profession as " Dhurt vidya ". I have closly experienced the conduct of those arthodox people and other sofisticated professionals including teachers. I am brought up  in an arthodox atmosphere . in my family ,  I was accausted  as rebellion for joinning legal profession on one hand and for not agrreeing with falsifications on the other. I have  gone through so many  research works and books written by sociologists about legal profession. i myself have conducted emperical research in courts.

still I would sugesst that  you may take a lawyer as armymen who fight when direcrected by the government. army has no concern with justification of war or problems of war victims.

AND NOW  I  WOULD  REQUEST  TO CLOSE THIS  TOPIC AS THERE IS NO END OF ALLEGATIONS  AND EXPLANATIONS.


(Guest)

I apologise and yes let us close this infinite debate with positivity and respect to each professions and individuals. Rgds,

Anil Kr Garg (Business)     22 April 2009

Dear friends,

Kindly be assured that I do not intend to show any profession in bad light. Nobody and no profession is perfect. My only point was that India is ranking the lowest in the world in contract enforceability, political and bureaucratic class are absolutely hopeless and only hope for India is through judiciary where anyone can approach court and bring about some improvement, whether in personal matter or in matters of national interest (eg recent PIL in supreme court to seek direction to Govt to try to bring back Rs 70 lac crore from Swis. to India). If judical system is not efficient, the only hope for India will have disappeared.

With 2.5 crore cases pending, wasting of time of court by raising useless issues, making apprently false and technical points in courts to seek delays and to frustrate the litigant (like Kasab who earlier admitted to understanding english conversation, now saying he doesn't understand anything or that he is a minor, are clear and but extremely common delay tactics). Defence routinely denies everything and produces false letters purported to have been sent through UPC. If laywer has not suggested the same, by going through legal notice and plaint of the litigant and making very ordinary enquiries with the client, can easily make out the facts.

For example, litigation for winding up is defended with disputing the liability routinely. Whole correspondence, legal notice and petition can easily show defence lawyer that he client is lieing. Pain in heart in almost mandatory with every VIP under arrest now and in full public glare, they walk out without even waiting for test reports as soon as bail is received. All this is a shame for our judicial system and if lawyers are not creating this situation, they are most certainly permitting it to flourish by looking the other way.

If lawyers are officers of court as they argued in Supreme Court defending consumers' courts order recently, they are required to be vigilant and ensure that they are dealing with truth in courts. Spirit of law is more important than letter of law but practice shows that spirit is relevant only for lecturing and not for pracitising.

Point is, can't lawyers bring about a reform by resolving that they will ensure speedy justice whether it goes against their clients or not, and fight any lies spoken in court whosoever speaks it. If cleint speaks it, they should immediatley quit the case. Before accepting a case, they will make reasonable efforts to get to the truth. Sprit of law will be respected as much as the letter, and any lies before court or any delay tacts in courts will be treated as CONTEMPT OF COURT.

In my view, this is the only way we can hope to bring reforms to India and ultimately, force politicians and bureaucrats to mend their ways.

Let us do something positive for India. Laywers have a history of fighting for freedom. Let us fight for reformed India now.


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