do we have a right of being represented through any person(including family members) as fundamental right under our constitution ?
Shayan Khan (B.com) 08 July 2010
do we have a right of being represented through any person(including family members) as fundamental right under our constitution ?
Shayan Khan (B.com) 09 July 2010
no one is there to answere ?
pratik (self working) 22 March 2011
I also want the answer ?
Damayanti (Unemployed) 23 March 2011
No.
EITHER
The party-in-person / pro se / propria persona i.e an individual can repreesnt himself/herself
OR ELSE
it should be an authorised pleader as defined by the civil /criminal procedure codes, and advocates acts. In criminal procedure, it is also discretion of court, which has never been granted so far.
Reason:- Court is apprehensive of obstruction and interference in 'due course of any judicial proceeding' and 'the administration of justice'.
But you may give it a shot by making such an application
But beware of loopholes in adversarial procedures and 'abuse of judicial discretion' (judges don't pay heed to party-in-person and many a times misuse discretion).
It is severely questionable when specific case of 'Innocent person' dragged into court for no fault of his!!
Then why shouldt he be made to spend on a lawyer to prove vexacity and frivolity of petitioner?
But our courts don't buy this argument.
Is it not a double punishment to innocent respondent?
Excuse:- For needy people there free legal aid (??? what about quality./ what is the definition of needy? What about innocent respondent who are rich but don't want to waste money on litigation?)
Who and How to prove that Petitioner is a vexatious litigant and case has not merits?
Judiciary and Bar Councils turn blind eye to 'vexacious petitioner's and their advocate. Why?, because it is a big syndicate which not possible to be demolished.
Problem here is that :- Even after there is a preponderance of probability that the Petitioner is vexacious, still the court cases get dragged for years till the 'innocent respondent buckles under stress/problems' due to misuse of discretion by Court.
Our laws are made by british.
Britisher used to do all atrocitiees on people and for which they were not accountable legally.
Same legacy is continued.
Even Is our govt sounds/seen concerned and accountable to misdeeds by Govt functionary/or legal atrocities.
There is a 'legitimate expectation' that ONLY innocent as well as victims should climb the doorsteps of judiciary.
But does the judiciary observe ZERO tolerance to vexacious petitioners?
It is so misused and abused presumption and having no 'zero tolerance' observed y judiciary against such plaintiff. It has become a 'employment beauro' to advocates.
Mandatrory to pay even against vexacious petitioner, and fight for years and buckle under pressure to do come to terms and compromise with destiny.
Such disgruntled, hapless people, after a blow of 'miscarriage of justice' due to adversarial process, vent out their frustration somewhere else and in their domain.
Don't you see that
1) Even a Add. District collector was immolated . IS there any fear of law?
2) Even Judges have to bear the brunt of adulteration of food, milk, every damn thing. Where even they are helpless.
Why All this happeing around us?
Answer:- Justice which emanates and starts from judiciary, But judiciary itself is corrupt and stage-managed.
But the buck starts from them and stops at them!!!
This menace is bound to errupt once it completely goes out of hands.