Anonymous
08 July 2024 at 19:03
After reading the responses to my issue on this forum and consulting several advocates, it is now clear that it is a common strategy to send baseless legal notice and stop paying rent to force landlords to file cases and waste 10 to 15 years in legal battles. This practice will continue until an advocate is punished for sending baseless legal notices. Therefore, I have decided to ask the Bar Council to take action against the advocate. I need help to present my case before the Bar Council properly, and I am seeking the assistance of ethical advocates.I am willing to pay for it.. To:
Bar Council of India,
New Delhi.
Subject: Urgent Action Needed: Advocate Misconduct and Epidemic of Baseless Legal Notices
Dear Members of the Bar Council,
I am writing to bring to your attention a serious issue that is undermining public trust in our legal system: the unethical practice of sending baseless legal notices. Recently, I received a legal notice from my tenant, drafted by Advocate***********, containing fabricated allegations and time-barred claims, leading to the tenant stopping rent payments. Despite my detailed response highlighting the absurdity and lack of evidence, the advocate neither withdrew the legal notice nor advised his client to resume paying rent.
To delve deeper into this issue, I conducted two experiments on Pathlegal. In one, I posed a hypothetical scenario involving a bank robber's accomplice seeking an unfair share of stolen money. Disturbingly, most advocates showed no reservations about drafting such an unethical notice. In another experiment, even when presented with clear Bar Council guidelines to be fair to the opponent, advocates still showed willingness to pursue baseless cases.
These experiments underscore a deeply ingrained problem within the legal community, contributing to a backlog of frivolous cases and significantly eroding public trust. During a recent podcast, an eminent lawyer, who was felicitated by the Gujarat Government, mentioned that it would take 350 years to clear the current backlog of cases in our courts. This highlights the severe impact of frivolous legal notices on our judicial system.
Moreover, my search on the Bar Council website and the internet revealed no instances of advocates being punished for sending baseless legal notices, highlighting a concerning gap in enforcement and accountability.
Therefore, I urge the Bar Council to take the following actions:
Investigate Advocate Misconduct: Initiate an investigation into the conduct of Advocate [insert name] to determine the extent of ethical violations.
Enforce Ethical Guidelines: Implement stricter enforcement of existing guidelines and introduce a graduated disciplinary system for violations.
Enhance Advocate Education: Introduce mandatory training programs on ethical conduct and professional responsibility.
Raise Awareness: Launch a campaign to educate both advocates and the public about ethical legal practices and their importance.
By taking these steps, the Bar Council can deter unethical practices, reduce frivolous lawsuits, and restore public confidence in the legal system. The future of our legal profession depends on upholding high ethical standards. I am ready to assist in any way possible and look forward to your prompt response.
Anonymous
08 July 2024 at 18:30
Dear sir
I am a junior advocate and I don't have any idea about how I write a written argument in criminal cases.
Please suggest me a format of written argument and also provide a pdf as example.
E-mail-- alokr7311@gmail.com
RAJ
08 July 2024 at 10:12
Respected Sir,
The synopsis of the property dispute is as mentioned hereafter.
In a joint property assigned with three adjacent shares for 3 brothers (my father and his two brothers) by a title deed which did not have any specific side dimensions for the separate plots except for the individual share areas mentioned. In 1989, My father, while the grandfather was alive constructed a house with the active participation and consent from my uncle in the plot. A portion of the house abutted and projected into uncles property as well.
However, later in the year 2004, my uncle filed a suit to fix his plot boundary in the munsiff trial court. Since our lawyer, suppressed the evidence proving the fact that we have been residing in the house for the past 25 years like building tax receipts etc. Trial court passed a decree and judgment directing my uncle to fix the boundary by demolishing the portion of the building which is allegedly encroaching into the plot.
So we went to the appellate district court in 2009, resubmitted the records (proving our period of long residence) which were not earlier marked; since the lawyer who represented us was bribed to not submit the evidence. Upon cross examination of my uncle, he admitted there were stones demarcating the boundary in 2000 and it was proved beyond doubt in the court that the house was constructed with his consent and he has filed the suit to fix his boundary, in order to seek vengeance on some family conflicts which started during the time.
So the district judge has passed an order to him to fix the boundary according to the commissioner advocates survey sketch which incorporated the total reduction in area of the land; with a 2 feet distance away from the existing building , further subject to the municipal laws.
During that time in 2014, my uncle without proceeding with the execution procedures for the order started constructing a house encroaching into our property, without complying to the panchayat building rules. So we filed an objection suit in 2014 to stay the construction in the munsiff trial court; which was granted to maintain status quo and later a judgment was issued to proceed with the construction only after fixing the boundary and constructing a compound wall.
Simultaneously, uncle has gone for a Regular second appeal in 2014 at Honorable High court of Kerala. After almost around 10 years on 2July2024, the high court has issued a judgement modifying the judgement passed by the previous district court, that he can construct a boundary wall as per the commissioner sketch; and need not leave any space (2 feet as specified in the lower court judgement) from the wall of the building; (without complying to or explicitly violating the municipal laws.)
Since the building wall has windows, ventilators and a 2 feet wide sunshade projecting from the building wall; Is it justifiable to not leave a space between the building and compound wall. The High court order can cause damage to the existing building, when a compound wall is constructed; due to the very close excavation and digging in close proimity of the old building foundation. It doesn’t give the minimum set back of 1m side spacing as specified in the Panchayat building rules. Moreover, such a boundary wall will be very next to the building wall so that we wont be able to open the windows and hindering the space for access and maintenance for the plumbing, electrical light, other utility connections, painting etc. on that side.
The only left option for us is to seek appeal in the Supreme court of India for rectifying the error in High court order; which cancelled the lower court granted 2 feet set back for the boundary wall from the existing building.(against the municipal or panchayat law)
Please provide me the guidance on the below queries.
1. Kindly provide the relevant legal aspects, clauses and points applicable in favour of us to protect the existing building by a 2 feet clearance set back.
2. Please provide any details on the similar of relevant cases to refer against.
3. Does the supreme court accept an appeal with a request to rectify the high court order in violation to the existing panchayat building rules.
4. Does any entries of easement act, 1882 be beneficial for us
5. Does the part 5 entry 64 of the schedule to limitation act 1963 beneficial to the building setbacks.
6. Does the panchayat building rules for a set back of 1 m of side be applicable to the new compound wall to be built
7. Does the section 25 of acquisition of ownership by possession, limitation act 1963 be relevant for seeking appeal.
8. Does the section 27 of extinguishment of right to property, limitation act 1963 by these years be capable of challenging the high court order to not leave 2 feet space.
Shreyas
07 July 2024 at 17:29
Can a Relative of member use the premises for CA practice? Relative is not member of the society.
Relative is daughter and Son in Law. Member is senior citizen and plans to stay at different place and has requested Managing committee to allow he Daughter and Son In Law to use the flat for practice.
Anonymous
07 July 2024 at 13:45
Sir i am doing gamin dak sevak work (10am -2pm). A private institutions is ready to admit me in engineering college. Can i do my regular engineering degree? is there any problem in document verification when i apply for another gov job?
Anonymous
07 July 2024 at 09:38
Team,
I have purchased a plot one year before in chennai and while construction another person raised dispute that it is his plot. I saw his schedule it is having different survey no. and plot no. But boundaries match exactly. Plz advice and guide
Mahendra Max
06 July 2024 at 08:32
Sir i am resident of delhi having SC certificate issued by delhi authority and accordingly working in government department being selected from SC category. My question is that my hometown is Rajasthan, I want to get the benefit of reservation from Rajasthan also so can i apply for another SC certificate from Rajasthan government while surrender the earlier Delhi SC certificate. Pls do advise.
Anonymous
06 July 2024 at 01:49
In 2022 my brother registered a FIR against a boy in case of eve-teasing on my behalf..this FIR contains my brother name but i had to appear in police satation for giving statement..and later in front of judge in court. I dont what know what happened to the case later.
Now i need to fill this attestation form for job mentioning have you ever been prosecuted.what should i fill???
Anonymous
05 July 2024 at 22:20
In a DV case against me, my Advocate informed me that he has taken adjournment but case has moved from Hearing to SHOW CAUSE as the purpose of hearing.
What does this means and what should be done next.
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Required professional help
After reading the responses to my issue on this forum and consulting several advocates, it is now clear that it is a common strategy to send baseless legal notice and stop paying rent to force landlords to file cases and waste 10 to 15 years in legal battles. This practice will continue until an advocate is punished for sending baseless legal notices. Therefore, I have decided to ask the Bar Council to take action against the advocate. I need help to present my case before the Bar Council properly, and I am seeking the assistance of ethical advocates.I am willing to pay for it