cpc

what is my right to defend in court without lawyer


can i defend my case without lawyer in every case where i am a party in every court

 
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advocate

Yes You can, but may invite problems due to lack of legal and procedural knowledge, if you are not a lawyer.

 
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POWER OF DEFENSE IS IMMENSE

court cases are more of procedure, latches than law. You may read law in books but not converstant how to play with the game in actual arena.

People on this site who are not advocates do cruel joke on the suffering human beings who are caught in webs of legal procedure by just dishing out advice which in non relevant just to get points.


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add o cat

our legal system is a huge constitution with red tape... better you fight it out yourself... no fear... ask the clerks what to do... it will open itself all the doors... all the procedures can be done with the clerks as well... have patiece with dates... have ever gone for a date?  now this is different one...

 
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Arguing my own cases..

I am arguing my own cases, the constitution provides (article 14 I think) that you can argue any case on your own, even in SC. But it is not easy, as you can argue your facts, and read and refer to laws pertinent to your case. If you are intelligent and can speak well (btw I am a stroke victim, who is not able to speak properly), then that is the easy part. All the court procedures, thats hell for non-lawyer to deal with. How I manage is by making friends (paying some money) to clerks, and a lot of guidance and support from LCI. Without LCI's help I would not be able to manage at all. It carries a great risk, but if you have conviction and courage, you can do so... All the best..

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Legal consultancy

Remeber always that law in theory and law in action are poles apart.

Practice makes a man perfect.

Majority of judges in this country are not party-in-person friendly.You can not succeed unless you have knack for law- that is a fundamental requirement.If you have this fundamental requisite,rest of other things you can pick up through practice and trial and eror methods.


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Arguing my own cases..

I agree with amar ranu that most judges are not friendly to party in person. But you have take a firm stand with judges, you have to remind them that they are bound by the constitution first and foremost, as in the laws are based on constitution, not the other way round. Even a SC judge cannot violate constitutional rights of an indian citizen as promised and guaranteed to him by the constitution. I have many times had to remind a judge that I am protected by the constitution, then the judge is unable to respond to that. What I wud suggest is that you read up on the constitution, and know your rights, and then tell any judge that the risk of representing your own self is known to you and you are prepared to face any consequences that arise.. Always remember, be polite but firm at all times, remember it is your right to disagree with a judge any time, but dont lose your cool and dont make any personal remarks to the judge.. But remember all this said IT IS A BIG RISK. Be very aware of your decisions and actions.. In the end its your life, and you have the right to choose, that is the true meaning of freedom which is promised to you by the constitution.. In practice only tremendous courage and conviction will see you through as words in theory and practice are poles apart..
 
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Dr

I liked Amar Ranu's advice / response to the question posed. For while it is true that one can argue one's case in court, fix one's computer and even treat one's own medical ailments, in the case of court cases - it is best to secure the assistance of an honest and experienced lawyer. An experienced professional knows (or ought to know) what pitfalls and surprizes to expect

 
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LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER

While one can personally conduct/defend one's court cases himself/herself,  it is advisable to keep in my mind the viewpoints expressed herein above by JSDN and  Amar Ranu.   In fact, during my visits to different High Courts and to the S.C ., I had ocassion to witness several cases wherein party-in-persons have miserably failed to convincingly place facts of their cases with supporting authorities and persuade the Courts to give judgements in their favour.   Apart from this, as has rightly been observed by Mr.Amar Ranu,  in most of  such cases it was obvious that the Courts were also showing a kind of displeasure with the  pleadings by the party-in-person, and  I felt sorry  at times to observe that  even good cases were lost by the parties concerned.   Therefore, I am of the personal view that  it is always advisable for the person concerned to engage a reliable and sincere Lawyer to conduct/defend cases in the courts even if one is  having bookish knowledge of law.  I would like to add  here there have been instances when even senior Lawyers prefer to engage some other Lawyers to  conduct/defend their own personal cases.  It is said that  a Doctor would prefer to go to another Doctor for treatment of himself and family members .  Perhaps, such time-tested practice is a healthy one even in case of  Law.

 

 
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Arguing my own cases..

I think that each case is different. I am arguing my own cases as they are gender biased law cases and I have nothing to lose. I have permanent brain damage so there is no threat of prison term, I am unemployed so no income, or any movable or immovable asset of of any kind that I own. I want nothing from wife apart from divorce. N she does not want one, so it will take its own time, probably after yrs in SC. So i dont see any point in wasting time or money on lawyers which i dont have in the first place. It is wife's time and money to waste on lawyers to stay married to me. Since I dont want to get married again so i have patience for a lot of yrs to get a divorce. But if I had other things at stake I wud still probably argue my own cases, bcuz I wud rather speak my mind against injustice and have it go against me, that to be left with the unsavory feeling of not having my voice heard, when i have not done anything wrong... But thats just me, I am ok with the risks, but in answer to the original question by th author, yes it is possible to argue your own case in any court in india, but it has a lot of risk, thats true too....
 
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