Complaiint under advocates act, 1961
Milap Choraria
(Querist) 18 December 2012
This query is : Resolved
I filed a complaint dated 27th September, 2010 against three Advocates from West Bengal, before Bar Council of West Bengal, under Section 35 of the Advocates Act, 1961.
The case was registered, but since thereafter, Bar Council of West Bengal is sitting on the matter, without disclosing any further development, since its registration, even not supplied any information in response to application under Right to Information Act.
What is remedy against such biased situation prevailed in a State Bar Council?
ajay sethi
(Expert) 18 December 2012
send reminders to bar council that no action taken although complaint filed more than 2 months back
ajay sethi
(Expert) 18 December 2012
if no action taken then file writ petition before kolkata high court to direct Bar council to take action within stipulated period
R.K Nanda
(Expert) 18 December 2012
state full facts.
Raj Kumar Makkad
(Expert) 18 December 2012
bar council is a statutory body so first of all obtain fate of your application under RTI Act and thereafter do further action.
It is also known that the complaint has been filed against a senior expert of LCI before Bar Council of West Bengal under section 35 of Advocates Act, 1961 which really is very shameful for all of us.
ajay sethi
(Expert) 18 December 2012
mr makkad which expert from LCI?
Milap Choraria
(Querist) 19 December 2012
Dear Sirs, on 6th June, 2009, my Daughter-in-law, arranged my arrest under Section 498A IPC, and Dowry Protection Act and Domestic Violence Act, from my Delhi residence, with the help and criminal connivance with Police from Howrah (WB) District. Since two earlier Police Report was in Court Record that no alleged incidence took place within the Jurisdiction of Police, thus on the day of my production, I get the Bail. Thereafter, her father (Practicing Income Tax Advocate) with the help of one Renowned Advocate for I. T. Matters, from Calcutta High Court (to whom I never met) and Advocate of my daughter-in-law hatched a criminal plot that on 15th June, 2009, I entered in agreement to pay sum of Rs.6 Lakhs to father of my daughter-in-law. Since, I am a man of principle I was ready to fight their false cases for their logical ends, without entering in any compromise. According to aforesaid plot, aforesaid Advocate of my daughter-in-law, with the approval from the father of my daughter-in-law served a legal Notice to said Renowned Advocate for I. T. Matters, from Calcutta High Court (to whom I never met) to compel myself (Milap Choraria) to make payment of alleged agreed amount, without any grounds. Most surprisingly father of my daughter-in-law on 15th June, 2009 also lodged a Police Complaint that on 14th June, 2009 (being a Sunday), I alongwith 7 other persons assemble outside Court premises of Howrah and snatched Rs.4,500/- from the pocket of father of my daughter-in-law and my wife snatched her gold chain.
However, in consideration of aforesaid Legal Notice, without supported by any documents/contentions, but under constant indulgence of the aforesaid Advocate, in 2010, I filed Complaint under Section 35 of Advocates Act, 1961 before Bar Council of West Bengal against all three Advocates, who entered in criminal conspiracy to make false claim of alleged agreement. Before filing aforesaid Complaint, I served Legal Notice against aforesaid illegal legal Notice.
West Bengal Bar Council is not replying any response against Application as well as Appeal under RTI Act, as such now my Appeal is pending before CIC.
I want to know, whether I can file application before Bar Council of India to transfer the aforesaid Complaint, which is pending for more than 2 years with the Bar Council of West Bengal?
Raj Kumar Makkad
(Expert) 19 December 2012
You can definitely move to BCI and moreover file a writ before High Court in the given matter.
