Seniority
Querist :
Anonymous
(Querist) 31 October 2011
This query is : Resolved
Is the court correct in deciding the cases and adjournments in cases on the basis of seniority of the Advocate? If not, what are the remedies available to stop such prctice in the courts?
ajay sethi
(Expert) 31 October 2011
courts generally frown upon adjournements . if however counsel has some personal diffculty court will grant adjorunments . similarly if any party wants time to file reply / rejoindder time is granted .
if repeated adjournements are sought then courts impose costs and direct party to argue the case .
prabhakar singh
(Expert) 31 October 2011
IF Courts honour dignity of seniors ,it should not be a matter of such a great concern to you.you too shall get your due coming up to that stage.
But Your allegation seems incorrect that Courts discriminate juniors and favors seniors in matters of adjournment.Now a days experience tells that courts being in pressure of quota of disposal always frown on adjournments, albeit some personal grounds of counsels juniors /or seniors are ignored that too because often we at BAR do not oppose adjournments if they are moved upon some personal grounds of opposite counsel.
Querist :
Anonymous
(Querist) 31 October 2011
I suppose any person with 10 years practice is well-versed with law if he has handled different kind of cases and can be called a moderately senior person. However, even in such cases the advocate having influence by virtue of comparatively more seniority is given value and weightage at times undue. All of us are aware of face value and cash value in the legal parlance. Some judges are even afraid of Sr. people. Recently in Gujarat HC some juniors had raised their voice against such practice of discrimination.
Sailesh Kumar Shah
(Expert) 01 November 2011
Dear Author,
what are you saying?
what is your case ?
your case is pending before the court?
Querist :
Anonymous
(Querist) 01 November 2011
yes, dear. Many. And this is the complaint of all adv. who r less sr. or influential in comparison.
Sailesh Kumar Shah
(Expert) 01 November 2011
can you answer of all question, which asked earlier?
Guest
(Expert) 01 November 2011
Dear Anonymous,
Although I watched the debate on your query very curiously, but was not inclined to participate in it, as frankly I did not find any substance in your query. However, your latest post of date, casting aspersions on advocates, did not seem to be justified to me.
In fact, influence depends upon the expertise, knowledge, sincerity, dedication, and convincing power of an advocate not merely on seniority. Even juniors can influence the judges with their capabilities and convincing power. I don't know, what actually prohibits juniors to show their capabilities and convincing power before a judge, if he resorts to postponement on the asking of seniors?
In my view, only deep understanding and right interpretation of the compex law as well as proper presentation of the case is the only remedy to engage a judge to avoid postponements, rather than creating boredom for a judge in any case.
Shonee Kapoor
(Expert) 01 November 2011
I do agree with the experts. However, I have seen bais in the courts too. But not too obvious.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
