Zehra
07 November 2024 at 20:37
The house has been my family heritage under our name since past 70-80 years, we want to sell it now but the landlord is not meeting us to sell the house, we are ready to give 33% to the landlord, but he is denying that he does not want to sell the house. Is there any other way to sell the house legally?
Its a pagdi system room, also the landlord has firmly said not to contact him for selling the house as he does not want to purchase it nor he wants to sell it to a new tenant.
Please suggest some legal ways to sell the house
T.N.REDDY
07 November 2024 at 17:19
Dear Sir, in general, Writ of Mandamus can be prayed for under what circumstances in the taxation matters
Anonymous
07 November 2024 at 15:04
It has been almost 4 years, since I have seperated from my ex-wife, though we are not divorced. Both my children stay with me and does not contribute anything, although both are working adults. It has high time that now I want to just disown them in a legal way and live on my own, without them harassing me for anything whatsoever. I just don't want to have anything to do with them.
Please adivces
Anonymous
07 November 2024 at 13:50
I’m conducting a Empirical study to analyze the financial distress of Kingfisher Airlines, focusing on a comparative analysis of debt recovery in pre-IBC (Insolvency and Bankruptcy Code) and post-IBC scenarios. Your Views would be incredibly valuable for this study. { https://forms.gle/x4ADv1aiDZ7fotiv8 }
Anonymous
05 November 2024 at 21:58
accuse asked footage that is present with chargesheet but when played in court it didnot played
should the magistrate frame charges or accuse will again file application to give cctv footage
case was pending since 2020
Anonymous
05 November 2024 at 21:54
accuse asked footage that is present with chargesheet but when played in court it didnot played
should the magistrate frame charges or accuse will again file application to give cctv footage
case was pending since 2020
Anonymous
05 November 2024 at 09:23
In my college asking for community certificate I don't have one and I'm not willing is this is a problem for my studying
bharat khatwani
04 November 2024 at 09:54
I sought legal opinion on above subject. If you have contra view pl. elaborate...the principles outlined in an advocate’s duty to justice apply to the pre-litigation stage also, including the drafting and issuance of legal notices. While
legal notices are not part of formal court proceedings, they are often the first step in legal disputes and can significantly influence the course of the
case and the behavior of the parties involved. Courts and professional standards expect advocates to act ethically at this stage, as their duty to
justice and fair dealing extends beyond the courtroom. Here are some points on how these duties apply to pre-litigation:
**Duty of Honesty and Integrity:
Just as in court proceedings, an advocate is expected to uphold honesty and integrity in pre-litigation communications, including legal notices.
Case Reference: In D.P. Chadha v. Triyugi Narain Mishra (2001), the Supreme Court held that an advocate's ethical duty transcends court procedures and
that any conduct likely to mislead or distort the truth constitutes professional misconduct, regardless of the stage of the proceedings.
**Avoidance of Frivolous or Malicious Claims:
Advocates should avoid sending legal notices with baseless, exaggerated, or malicious claims simply to intimidate or pressure the opposing party.
Misusing legal notices to harass or deceive goes against the advocate’s duty to justice.
Case Reference: In Zahira Habibulla H. Sheikh v. State of Gujarat (2004), the Supreme Court stressed that all actions, even outside the courtroom, should
further the interests of justice and truth. This applies equally to the content of legal notices, as advocates are expected to refrain from behavior that
might lead to a miscarriage of justice.
**Duty to Provide Sound Legal Advice:
During the pre-litigation stage, advocates have a duty to give honest, balanced advice to their clients about the merits of the case. This includes
avoiding the temptation to make false promises or inflate claims just to appease or retain clients.
Case Reference: In S. Jafri v. Union of India (2011), the Supreme Court emphasized that advocates must uphold justice, even if it conflicts with client
demands, and not advise or draft documents that could lead to unfair legal actions.
**Ethical Drafting of Legal Notices:
Legal notices should accurately reflect the client’s legitimate claims and should be drafted in a way that is fair and just, without resorting to threats,
inflammatory language, or exaggeration.
Case Reference: The principles from State of Punjab v. Brijeshwar Singh Chahal (2016) emphasize that advocates should avoid using deceptive or manipulative
language in any formal or informal communication, as it undermines the legal profession’s commitment to justice.
**Professional Conduct Rules:
The Bar Council of India Rules under the Advocates Act, 1961 outline professional conduct obligations for advocates, including pre-litigation actions.
Rule 4 and Rule 5, for example, underscore that advocates must act with dignity, fairness, and honesty and should not engage in actions that mislead or
deceive.
Misleading or dishonest pre-litigation notices could therefore be grounds for disciplinary action, as they violate these professional standards.
**Conclusion
An advocate’s duty to justice, honesty, and integrity certainly applies to the pre-litigation stage. Legal notices should reflect genuine legal claims,
avoid exaggeration, and be drafted with respect for the principles of fairness and truth. Misuse of legal notices could constitute professional misconduct,
as the ethical obligations of advocates are not limited to the courtroom but extend to all actions taken in their professional capacity.
After reading this opinion ,I asked:
are there instances where bar council penalized advocates for Misleading or dishonest pre-litigation ?
Yes, there have been instances where Bar Councils in India have penalized advocates for misleading or dishonest conduct during the pre-litigation stage.
The Bar Council of India (BCI) and various State Bar Councils are empowered under the Advocates Act, 1961, to take disciplinary action against advocates
for professional misconduct, which includes unethical behavior before formal court proceedings commence.
**Relevant Provisions:
Section 35 of the Advocates Act, 1961: Empowers State Bar Councils to refer cases of alleged misconduct to their disciplinary committees. If an advocate
is found guilty, penalties can range from reprimand to suspension or even removal from the roll of advocates.
Bar Council of India Rules: These rules outline standards of professional conduct and etiquette, emphasizing that advocates must uphold the dignity and
integrity of the profession at all times, including during pre-litigation activities.
Case Example:
In the case of P.N. Vignesh v. Chairman and Members of the Bar Council (2024), the Madras High Court addressed the issue of advocates advertising their
services through online platforms, which was deemed a violation of professional conduct rules. The court directed the Bar Council of India to take
disciplinary action against such advocates, highlighting that even pre-litigation conduct, such as solicitation of clients through advertisements, can
amount to professional misconduct.
Key Points:
Misleading Clients: If an advocate provides false or exaggerated claims in legal notices or during client consultations before litigation, it can be
considered professional misconduct.
Unethical Solicitation: Engaging in solicitation of clients through advertisements or other means not permitted by professional conduct rules, even before
formal litigation begins, is subject to disciplinary action.
Disciplinary Actions: Penalties for such misconduct can include reprimands, suspension of the right to practice, or removal from the roll of advocates,
depending on the severity of the offense.
These measures underscore the legal profession's commitment to maintaining ethical standards at all stages of legal practice, including pre-litigation
activities. P.S. I NEED CASELAWS MENTIONED ABOVE
Shahid Shaikh
02 November 2024 at 21:22
I have purchased flat in Mira road but seller is not giving possession even after full and final payment in December 2023.
Kashigaon polcie station had registered criminal case FIr 345 of 2024.
Please adivse if i need to file civil suit if yesy how much can that cost .
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Divorce_advice
I was married twice before and then got married for the third time in an arrange marriage setup. I met guy on the day of marriage. He was divorced one time before. My family and I decided not to disclose the first divorce and got married in India.
The guy lives in UK and I am in Australia and it's been 2 years to marriage. He is use to visit me once in 4 months. But ge got to know from someone about my first marriage. Now he is asking for divorce and has stopped my spouse visa application to move to UK.
Need guidance on how to save this marriage and what should I plead in the court. I won't be filing case but what you understand my grounds if in case he sends me notice.
Thank you!