Massive time taken for a transfer petition at hon.sc
VIJAY
(Querist) 26 September 2016
This query is : Resolved
Hi Experts,
I filed a Cr. Transfer petition a the Hon.SC in MAY 2015 since my wife filed 498a on us in Bangalore and then DV and other cases at her native in Tamil Nadu.
I was happy that at least my petition was not dismissed straight away as it happens with most men against women. But my happiness was short lived as the respondent took 10 months of time pleading the registry to file her reply and finally did not file their reply.
Now it is SEP and the petition became ex-parte in April 2016 but we still do not see any end to our woes, it seems the registry wants to drag the petition as long as possible by postponing the listing or systematically kill the petition to benefit the woman respondent.
Un-knowingly I hired an advocate who is from a place close to the respondent from the same state and I have strong suspicion that they have communicated with each other on how to drag and delay and make the petition useless.
Now the likely listing is at the end of November and I believe this will continue.
Please let me know the options for us to get a quick listing and get the petition disposed off.
Should I write to Hon.CJI on this matter? Please provide your valuable suggestions.
Raj Kumar Makkad
(Expert) 26 September 2016
If you suspect over your lawyer then better to replace him with other lawyer of your trust and follow his instructions.
There is no other way but to abide by the procedure of Apex Court.
Raj Kumar Makkad
(Expert) 26 September 2016
If you suspect over your lawyer then better to replace him with other lawyer of your trust and follow his instructions.
There is no other way but to abide by the procedure of Apex Court.
VIJAY
(Querist) 26 September 2016
Respected Sir,
Thank you for your kind response.
I'm also thinking of replacing our advocate in couple of days, hopefully he doesn't create issues for NOC.
If he purposely denies to give NOC or asks very huge sum,what is the option for me.
Raj Kumar Makkad
(Expert) 26 September 2016
In that eventuality make a complaint to the concerned court or bar council.
VIJAY
(Querist) 26 September 2016
Thank you Sir.
Rajendra K Goyal
(Expert) 26 September 2016
In the given circumstances, it is advised to change your lawyer, can revert if he does not give NOC.
cherukuri prasad
(Expert) 26 September 2016
Change your advocate in supreme court
Kumar Doab
(Expert) 26 September 2016
You can benefit from the advise of experts.
VIJAY
(Querist) 11 October 2016
Hi Experts,
I have requested for NOC from our SC advocate as I'm not satisfied with the progress (zero progress we can say).
He said he has sent the NOC but till now we have not received it and it's almost 2 weeks now and he is not answering properly. I suspect he has not sent it and seems to be playing a game.
What are my options now, Should I approach the SC bar council? I don't want to drag it on and on.
Also, correct me if I'm wrong
I can go for a new advocate and is there an option wherein I can request the registry to give a date in the next week or so even though the likely listing in at the end of next month.
Rajendra K Goyal
(Expert) 12 October 2016
Huge pending cases at Supreme Court, delay is inevitable.
You may contact / discuss with another lawyer.
Kumar Doab
(Expert) 12 October 2016
You and your lawyer have agreed for NOC.
Discuss with another lawyer.
VIJAY
(Querist) 25 October 2016
Hi Experts,
I have requested for NOC from the advocate at SC and he has been dragging it for a month now.
I have paid him the fees that was discussed but still he is dragging it and not giving the NOC.
He is from the place where the respondent is and I have my reasons to suspect him as he's not finishing the case even though it has become ex-parte. With him the petition will be either dragged for ever or he might cause irreversible damage.
1) Can I visit the Hon.SC on the next date and appear in person and request for cancellation of VAKALATH and either defend our petition
2) Can I send a letter to the Hon.registry from my place with the signatures of the parties involved, if yes then should it be in legal green sheet
3) What are my options
The amount of time taken for a simple transfer petition will surpass the trial time at the lower courts. What kind of example the APEX court is setting?
Rajendra K Goyal
(Expert) 25 October 2016
Discuss and take guidance from the lawyer you want to engage.
Kumar Doab
(Expert) 25 October 2016
Agreed with Mr.Rajendra K Goyal.
Guest
(Expert) 25 October 2016
If your Advocate is in Delhi go and Meet him in One Week Advance Take Necessary Change Of Vakalatnama Or if he assures you any Confirmation to Proceed correctly and if you are satisfied Stay and Watch the Proceedings Or give the Vakalatnama to advocate of your Choice.This could be the Practical Remedy Other wise by writing Complaints you would be complicating your self.Complaint to Bar Council should be the Last Remedy and in mean time take care of your Case.Better Do as advised
VIJAY
(Querist) 27 October 2016
Hello Experts,
Our SC advocate from whom we requested for NOC is asking us to send a new signed VAKALATHNAMA to him to give the NOC.
He is saying that the Advocate on Record asked for it to give the NOC.
Is there something fishy in this ?. Why would they need another new VAKALATH from us to give the NOC for the cases filed.
Please provide your guidance on this.
Guest
(Expert) 27 October 2016
Mr. Vijay,
Why don't you meet the advocate on record to verify your lawyer's statement?
For NOC, although not necessary, at the most consent of other advocate may be asked not his vakalatnama.
Howewer, to enter appearance by another lawyer in any case in which there is already a Vakalatnam or memo or appearance filed by a previously engaged Advocate, but on finding necessity where such consent cannot be produced the new lawyer shall apply to the Court stating reasons why the said consent could not be produced.He can appear only after obtaining the permission of the Court.
Kumar Doab
(Expert) 27 October 2016
Prefer to speak to the counsel that you want to engage now.
Chatting in the thread is not leading anywhere.
Rajendra K Goyal
(Expert) 27 October 2016
Your new lawyer may guide in case you feel problem.
VIJAY
(Querist) 27 October 2016
I just called the AOR and he is saying he has not received any request for NOC and so obviously he has not asked for any new vakalath.
He is asking me have the advocate talk to him for NOC.
Due to the distance factor, the clients are taken for nice ride.
I'll contact the new advocate on this and follow his instructions. That's what I can do now.
Guest
(Expert) 27 October 2016
So, you should not feel any problem now. It seems your lawyer was just trying to hoodwink you.
Kumar Doab
(Expert) 27 October 2016
That's what you were being appraised and that what you were being asked to do.
Rajendra K Goyal
(Expert) 27 October 2016
Nothing more to add, well concluded by the expert.
