case filing against a lawyer
Querist :
Anonymous
(Querist) 28 July 2011
This query is : Resolved
sir
iam a permanant resident of kadapa district, ap state.
but i was a temporary resident of guntur district from 2006 to march 2011 , and i married and started marital life at only. due to despuits we separated not legally. for divorce through court i given my case to one advocate in dec 2010. he wasted 7 months time and cheated me by telling lies about my case, that filing coompleted, notice issued to my wife and given me a fake number. finally in june 2011 came to know all his drama and asked strongly to return my file and fee. then he filed hurryly on that day with my fake forgered signatures on plaint papers to court and without petitioner signatures on documents photocopies and no court fee stamps on few papers. finally by knowing his cheating i returned my case from court completely. I given a complaint to state bar council, hyderabad with all facts and supporting documents.
now i want to file a cheating case on him. but from march 2011 i returned to my home town kadapa district.
so now my doubt is is it possible to file cheating case in kadapa as a permanant resident? or file only at guntur (offense happend area)?
i tried with 2 advocates inn guntur, but against a advocate of same bar association they are not taking my case to file.
so i want to file in kadapa court sir, if possible.
please help me with your valuable advice.
Querist :
Anonymous
(Querist) 28 July 2011
thank you sir,
how to file and what are the first steps regarding this case sir?
what are the requirements to file cheating case on that lawyer in kadapa sir?
sending legal notice is must or not?
what are the suitable sections for this cheating case sir?
ajay sethi
(Expert) 28 July 2011
1) you have already filed complaint before state bar council hyderabad .let the bar council deal with said lawyer
2) in case you desire to file criminal case of cheating you must issue legal notice to lawyer .
3) cheating falls under under section 420 of IPC
Querist :
Anonymous
(Querist) 28 July 2011
sir offense happend in one district where i was a temporary resident.
now from 4 months iam residing in my native place in another district of same state.
offens happend in june 2011, 1 month back.
so i want to file in my permanent residing district if possible in LAW.
PLS guide me , is it possible or not ? or must file in offens happend place?
for that area iam not residing sir.
please clear my doubt sir.
Ajay Bansal
(Expert) 29 July 2011
I think the criminal complaint will be filed in jurisdiction of only that court,where cheating has been done with you.
Querist :
Anonymous
(Querist) 29 July 2011
sir what are A.I.R manuals ?
HOW MUCH USEFUL TO MY CASE 420
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 July 2011
You must have receipt of money paid and copy of the agreement related to such payment= otherwise without evidence your complaint has no meaning , it may amount to defamation.
Querist :
Anonymous
(Querist) 29 July 2011
sir
in my case on plaint papers at the place of petitioner signature
just carbon paper images of my original signature at 4 places.
i signed on empty papers in november 2010, but i think my lawyer lost those
papaers, so he tried to put signatures by pressing on carban paper to get imagaes of signatures.
is it useful witness to file cheating case?
Querist :
Anonymous
(Querist) 29 July 2011
please reply me sir,
in my case on plaint papers at the place of petitioner signature
just carbon paper images of my original signature.
i signed on empty papers in november 2010, but i think he lost those
papaers, so he tried to put signatures by pressing carban paper.
is it useful witness to file cheating case?
asked for fee reciept, but he told that not giving reciept to any case.
so for proof i have all original plaint papers returned from court.
Querist :
Anonymous
(Querist) 29 July 2011
dear experts,
please reply me,
in my case on plaint papers at the place of petitioner signature
just carbon paper images of my original signature.
i signed on empty papers in november 2010, but i think he lost those
papaers, so he tried to put signatures by pressing carban paper.
is it useful witness to file cheating case?
asked for fee reciept, but he told that not giving reciept to any case.
so for proof i have all original plaint papers returned from court.
Querist :
Anonymous
(Querist) 29 July 2011
sir,
all original plaint papers after withdrawing of my case from court are not useful as witness?
on that papers address and signatures and court stamps with dates and reasons for return all present.
is these are proofs or not sir?
Querist :
Anonymous
(Querist) 30 July 2011
sir,
normally for a case what evidences to clients from advocates?
they directly telling we dont give reciepts for fee, in the beginning only.
iam thinking, all these are to save themselves, even their misstakes and un lawful faults.
sir,
if any legal problem people will go to court through advocate. here in my case also i went court though a advocate, if advocate doing unlawful things clients like me where have to go?
clients are going for justice as per LAW from court through advocates, but few are making them as victims.
if any professional (doctor, engineer, govt officer) make a mistake , people will go to court through a advocate. advocate is a very very important professional in the society, if they do mistake, fault, where people have to go?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 July 2011
I AM NOT DISCLOSING THE NAME FOR OBVIOUS REASONS,but YOU CAN SEARCH IT FROM SC RECORDS.
One of my freind has won a case at SC against the BAR COUNCIL OF INDIA on two arguments :-
one there is no vakalatnama by the party and TWO -no reciept of any money paid as fees TO THE ADVOCATE.
This is ref judgement in many law exams all over India.
NOW CAN ANY UNSATISFIED CLIENT HAS TIME , MONEY AND ENERGY TO GO UP TO SC AGAINST AN ADVOCATE.
The relations are OF trust so be careful from beginning and do not create unnecessary roccus since your main aim should be to fight your case in court instead of going after an advocate.
Querist :
Anonymous
(Querist) 30 July 2011
thank you sir,
this year in august iam joining law degree in ap. already i got rank in lawcet2011 entrance.
as a law student i will go upto SC for justice.
already i given complaint to STATE BAR COUNCIL, HYDERABAD.
1) i have original plaint papers which are returned from court.
2)4 fake forgered signatures on those papaers which are by cabon paper impressions.
3) on those papers printed dates are present as -03-2011. i think he prepared in march. but he filed on 27-6-2011 showing court stamps .
4) After demanding many times also he is not interested to give me the fee reciept.
5) vakalatnama date on 27-6-2011, he filed also on the same day, after signing on vakalatnama.
sir bar coucil fellow told me for my case around 1 year time will take. that much time will take in state bar council sir?
