Dr Shahid Nadeem
(Querist) 22 December 2016
This query is : Resolved
Respected Experts.. Good morning
My query is that a lawyer 'X' has represented me in a writ petition in the year 2009 against a person 'Y' in the matter of a school management. The writ was dismissed against me in the year 2009 itself. The lawyer 'X' is very well known about all minute facts of each and every aspect of our society and school management since 2009. Now in the year 2016 the lawyer 'X' has filled a writ petition against me being person ' Y' as his petitioner, though I have filled a caveat being Necessary party and complainant in High court but the lawyer didn't make me party respondent and sought ex parte status quo without making me Party. So what can I do against that lawyer who was my legal representative in the year 2009 against a person 'Y' and now sane lawyer is representing person Y litigating Against me and getting ex parte order by frivolous and wrong petition by misdirecting the court ...I want to remove him from that case as he was very well known about all relevant facts from my side also ...can I complaint against him and to whom the complaint should be made....
Guest
(Expert) 22 December 2016
After the completion of your Case the concerned Advocate Could represent the Other Side in Other Cases and No Legal restriction could be Legally claimed.
Dr Shahid Nadeem
(Querist) 22 December 2016
Respected Experts..but same thing happened to me in Supreme court of India in the year 2014. Against my same opponent' Y' , Coincidentally I have engaged an advocate who has represented ' Y' against me in in a SLP in the year 2011 but that SLP was dismissed even without issuing notices to me in the year 2011 and I was unknown about that fact about filling if that SLP . But when in a fresh SLP in the year 2014 Coincidentally I have engaged that Advocate who has represented ' Y' in Supreme court of India then after some adjournments when ' Y' reminds my Advocate regarding the same then my Advocate left my case and told me that he can't represent me any case where 'Y' is one of the party.....
Are the Rules governing practising in Supreme court of India and Bombay high court are different one???? Is this move of Advocate 'X' now in Bombay high court with mala fide intentions and with hiding various fact is not totally unethical and abuse of process of law???????
Please suggest some solutions Experts.... I don't want to causes damage or irreparable loss to Advocate 'X' at all...I just want to remove him from this present litigation against me ....
Regards
Dr Shahid Nadeem
(Querist) 22 December 2016
Respected Experts..but same thing happened to me in Supreme court of India in the year 2014. Against my same opponent' Y' , Coincidentally I have engaged an advocate who has represented ' Y' against me in in a SLP in the year 2011 but that SLP was dismissed even without issuing notices to me in the year 2011 and I was unknown about that fact about filling if that SLP . But when in a fresh SLP in the year 2014 Coincidentally I have engaged that Advocate who has represented ' Y' in Supreme court of India then after some adjournments when ' Y' reminds my Advocate regarding the same then my Advocate left my case and told me that he can't represent me any case where 'Y' is one of the party.....
Are the Rules governing practising in Supreme court of India and Bombay high court are different one???? Is this move of Advocate 'X' now in Bombay high court with mala fide intentions and with hiding various fact is not totally unethical and abuse of process of law???????
Please suggest some solutions Experts.... I don't want to causes damage or irreparable loss to Advocate 'X' at all...I just want to remove him from this present litigation against me ....
Regards
Guest
(Expert) 22 December 2016
If what you are Mentioning is in Connection to the Same Case where he had appeared on behalf of You the Objection could be raised Please refer Judgement in the Case of " State Vs Lalit Mohan Nanda" on 2nd May 1960.Read it in Detail and It would obviously suit you perfectly.Just type the title mentioned in website and you would get the Orders Go thro and Please come back
Guest
(Expert) 22 December 2016
Please Read that Judgement Fully and it also states " It is not that an advocate can in no case appear for the other side such as, for instance he can certainly appear in a case not directly connected with the earlier litigation" Please Go thro that Judgement and please come back.
Rajendra K Goyal
(Expert) 22 December 2016
You can submit your objection in the court.
Guest
(Expert) 22 December 2016
Mr.R.K.Goyal the Submissions of Objections to Honorable court Could be Made on what Justifiable Reasons Please explain.
Guest
(Expert) 22 December 2016
Mr.R.K.Goyal you have also made an objection for my Post in Sc/St Thread Today and I had clarified it today.So on that basis I could request you to Post the Legal justification for your above Post
Dr Shahid Nadeem
(Querist) 23 December 2016
Thanks a lot for the citation Mr. N.J.S. Rajkumar sir ....the matter is identical to my present situation sir..As far as mentioning objection to the Court is concerned, I have contacted with my friend to whom same thing happened in writ petition of 2016 . A lawyer who has represented him in the year 2009 has appeared against him in a writ petition of 2016. He simply put that judgment of writ petition of 2009 to the High court and stated that Mr. Advocate has appeared for him in the year 2009 then simply the same Advocate apologised to the High court instantly and withdrew his Vakalatnama from that case of 2016 instantly within few minutes....
Guest
(Expert) 23 December 2016
Welcome and All the Best Dr.Shahid Nadeem
Rajendra K Goyal
(Expert) 23 December 2016
In which capacity you are asking explanation?
Guest
(Expert) 23 December 2016
Query is resolved Mr.R.K.goyal
P. Venu
(Expert) 23 December 2016
It appears that you have not posted the complete facts.
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