Witness abused the lawyer
Raj
(Querist) 27 October 2017
This query is : Resolved
In Civil case, my lawyer cross-examined the witness, who is from OP. While cross-examination, witness argues with the lawyer and called him Idiot. The lawyer immediate report the matter to civil Judge, the judge assures that he will mention this remarks in an order
The order still has not been uploaded.
My question is
1 If the judge does not mention in his order, then what action can be taken from my lawyer side against the witness?
2 If the judge mentions that witness called the lawyer an Idiot, then will it also brings to contempt of court? What are the other legal remedies available for a lawyer?
Ms.Usha Kapoor
(Expert) 28 October 2017
Apart from contempt of court the lawyer can file cases of criminal insult, criminal defamation and civil defamation remedies. against the abusive witness.
Intentional insult with intent to provoke a breach of the peace
504. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
Ms.Usha Kapoor
(Expert) 28 October 2017
If you appreciate my answer please give me likes
Guest
(Expert) 28 October 2017
Mr. Raj,
You have made two absolutely vague queries. YOU ARE NOT SUPPOSED TO REPRESENT YOUR LAWYER AS WELL AS THE JUDGE OF THE CASE.
By the way, are you personally going to fight the cases of your lawyer as well as the judge of the case on their behalf, if any criminal suit or contempt case is filed by them?
To be frank, your description does not give any impression that the query is related to any of your personal problem. Rather it seems to be purely an academic query on your part without any real case of a court.
However, about your questions, if your own lawyer does not take care for himself, why you are worried for your lawyer to ask what action he can take for the abuse by witness against him? Let your lawyer decide for himself.
Secondly, when the judge himself does not take care to give cognizance to such an abuse as contempt of court, where lies your own concern about that? Here also, let the judge decide for himself.
Guest
(Expert) 28 October 2017
I agree with the observation of Mr. Jigyasu.
Besides, on the issue of contempt of court, I totally disagree with the advice of Ms. Usha Kappor. There is no element of contempt of court on the part of the witness.
If the witness has used the word "idiot" for your lawyer, your lawyer must have misbehaved with the witness by using absolutely offensive language. Your lawyer was also liable to show proper etiquette towards the witness. A lawyer is not supposed to demonstrate ill manners against the witness of the opposite side.
Further, if as per the advice of Ms. Usha Kapoor your lawyer files any criminal defamation case, the witness can also sue your lawyer as well as you for criminal defamation, as your lawyer represented only on your behalf and authority.
Rajendra K Goyal
(Expert) 28 October 2017
Your lawyer may file case of abusing him in court.
Guest
(Expert) 28 October 2017
@Rajendra K Goyal,
What is your advice on the 2nd question of the querist? What the judge should also do on the contempt issue, as per your opinion?
Along with second question, the querist has also asked for other remedies available for his lawyer. You may also like to enlighten the querist on that aspect also.
You are a highly qualified (LLM) lawyer, you must show your talent on the issue for the satisfaction of the querist.
P. Venu
(Expert) 28 October 2017
Certainly, there would have been some provocation from your lawyer. What is it?
No contempt lies in this case; nor can the Judge or the Lawyer do anything in the matter.
Raj
(Querist) 28 October 2017
@ Jisgyasu. I don't understand on the basis of what, you have reached the conclusion that this is not related to any case. If someone seeks advice in this forum, he is not meant to experimenting for himself or generating academic queries for himself. Donot judge the people in one perspective, that this is just academci query. The genuine persons only seeks information in thsi forum, after facing the legal hassles on day to day basis.
I have made it clear in my query., the advice given by experts may or may not be always correct but queriest always appreciate that experts give advice to his queries rather than commenting on what manner it has posted the queries
Raj
(Querist) 28 October 2017
@ Dhingra Ji..Sir, you are a very senior person. I do not understand how you reached this conclusion that your lawyer must have behaved with the witness. If you are practicing lawyer, you must have to know that there are interested witness too who made lies in their examination in chief, when their lies exposed the witness has no choice but made every effort to avoid being cross-examined.
Raj
(Querist) 28 October 2017
@ P. Venu. Sir, you are saying certainly there is provocation from the side of your lawyer.This means the witness has the right to abuse the lawyer in the courtroom.If this so, then no lawyer will cross-examine the fake witness
Raj
(Querist) 28 October 2017
@ Ms Usha Kapoor & R.K Goyal, thanks for your valuable comments
Rajendra K Goyal
(Expert) 28 October 2017
JIGYASU - Legal analyst
I am not LLM, through out my life I have been trying to learn.
P. Venu
(Expert) 28 October 2017
If he is a fake witness, your advocate need to prove it. That is his professional duty.
Guest
(Expert) 28 October 2017
When it had been noted by the Honorable Judge there is nothing to worry and certainly there would be out come of it in the Result.
Guest
(Expert) 28 October 2017
Posted in the interest and welfare of the Child Please.LLM degree courses are available in Karachi the Child's place. "Sindh Muslim Govt Law College- Karachi Ph +92-21-9921 2861"
Guest
(Expert) 28 October 2017
@ Rajendra K Goyal,
Sorry for over estimating your qualification. You are MA LLB, not LLM, as per your profile. However of what worth that qualification is that has already been checked from plenty of your vague and irrelevant posts when you jump to make in almost all of the questions at LCI even without knowing ABC of the subject matter.
.
Guest
(Expert) 28 October 2017
Mr. Raj (Querist),
You seem to be trying to be extraordinarily smart. Your flair up can't justify even a single-most question on your part. The basis of my conclusion is very clear and lies in your own description of the hypothetical problem, as neither you are your own lawyer, nor the judge of the case. But you asked questions on behalf of both the lawyer as well as the judge, not for yourself, as if you are the adviser of both the lawyer as well as the judge..
About your pretension, "The genuine persons only seeks information in this forum, after facing the legal hassles on day to day basis," is quite absurd, as your lawyer's problem and your judge's problem cannot be yours own. So, how you assume yourself as a genuine person for posting such a hypothetical question.
You could have been justified, had you discussed your own problem, not the issues of your lawyer and the judge of the case.
So, the very basis of your asking the questions for and on behalf of your lawyer as well as the judge of the case was quite ridiculous.
Guest
(Expert) 28 October 2017
Mr. Raj,
I don't want to mince words. My simple question to you is, "have you stated anywhere on what question, ground or basis the witness called your lawyer, as "idiot"?
So, where you left any scope for the experts to know the real background of your case.
Vague questions without any background, if expected to be replied, are based on assumptions of experts only. You should better be aware of the fact that knowledge cannot be gained by ridiculing experts. Better learn to behave with experts, if you are really desirous of acquiring any knowledge..
Raj
(Querist) 28 October 2017
@Jigyasu. I think it's better you should reply the queries on social networking sites, rather than on this forum. This forum is not meant for the experts who made personal comments rather than giving advice to the needy person. Your comments only suggest that your are seeking somehow attention from the experts. I have not even bother to your comments, as I have trust in the other experts for several years. and you should mind your own business rather than making scathing comments on other experts
Raj
(Querist) 28 October 2017
@ Dhingra sir. Yes, he called idiot, when lawyer is recording the testimony of the witness, and the witness is obstructing the lawyer in recording the testimony
Guest
(Expert) 29 October 2017
Mr. Raj,
Vague clarification. You are still far away from the issue of the real situation and background which compelled the witness to abuse your lawyer. I can very well understand that hypothetical queries don't have any background.
P. Venu
(Expert) 29 October 2017
How is that the lawyer is 'recording the testimony of the witness'? It is the presiding officer who records the deposition.
Raj
(Querist) 31 October 2017
@ p venu. @ Dhingra
The Ld presiding officer was there in the Court, but there is a huge cluster of cases in the court, so he directed the court reader to record the testimony on papers, at some distance away from the witness box. The witness was very rude right from the beginning as his lies have been unraveled by the series of the cross questions. The Ld Counsel reports to the presiding officer, when some of the questions were not answered by the witness. thereafter, the witness abused the lawyer by calling him, idiot. This is not hypothetical query as every fact cannot be disclosed, as there is sensitivity in the query
Guest
(Expert) 31 October 2017
Mr. Raj,
In fact, your own query was required to be asked at some social networking site, where at least you could have got some relishing crisp reply. If you have raised some hypothetical question the experts also enjoy the right to ask for clarifications that you may or may not mind.
In fact, your problem is that instead of representing your own problem, you have tried to be the representative and leader of not only of your lawyer, but also of the judge, as if the judge compelled to act as per your advice. A matter of commonsense, you cannot act as a representative of both at a time.
Mind it, you have not replied my question, are you personally going to fight the case for and on behalf of the lawyer as well as the judge of the case.
Guest
(Expert) 31 October 2017
Shri P. Venu's observation was quite correct. You are yet to reveal convincing facts. It would not be proper on the part of the judge to take on record, what you complained, when the judge has not observed the event of abuse personally on the part of the witness. Also the judge cannot say that his reader was made to take the cross-examination on record. Officially, he cannot delegate his duties to anyone else.
Guest
(Expert) 31 October 2017
P.S.Dhingra and the Jiga are the same with two different identity. Let Jiga come out with his Genuine photo and it would be none other the Dhingra with Narcissistic Personality disorders
Dr J C Vashista
(Expert) 31 October 2017
@ Raj,
From your profile I could make out you are an advocate, which you have mentioned as "Law" and posting such vague academic debatable subjects such as:-
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Is it not abuse of this platform? How and why Admin LCI allowed such author?
Could you please leave this site for needy litigants?
Raj
(Querist) 08 November 2017
@ Dr J.C Vashista. You have done a very good job. You have not only intruded the privacy of the querist but also publically posted it and violated my fundamental rights Who gave the permission to do this act? its the role of the Admin LCI to decide what is right or wrong. When someone opens the account, he abides by the terms and conditions. if you think, it can be readdressable, you have the other options. Openly reprimanding at my post, does not make any sense. You must be knowing that people open the account on any site, have queries and its the choice of the individual whether to continue or not.
Rajendra K Goyal
(Expert) 08 November 2017
Mr. Querist,
The fact mentioned by the expert Dr. J.C. Vashishta is available on LCI, nothing is private in it.
Guest
(Expert) 08 November 2017
Bravo!
Shall I call it a good joke or a sheer lack of knowledge on the part of the author of the problem, when he says Dr. J.C. Vashista has intruded the privacy of the querist?
A matter of commonsense for the querist to think and rethink several times also, what kind of his privacy on an open forum, when he himself is responsible for revealing all types of his information through his queries openly at this open forum?
Guest
(Expert) 08 November 2017
Mr. NJS,
What will be your reaction, if I say that NJS, Rajkumar, P S Dhingra, Rajendra K Goyal and Kumar Doab are the same with four different identities? One Mr. Dhingra, whether he is "PS" or someone else, has differed with my opinion on the following thread:
http://www.lawyersclubindia.com/experts/TA-DA-to-OFCH-Lodge-bill-645581.asp
A matter of commonsense, I had I been he or some other Dhingra, he would not have opposed my opinion.
Earlier in your post at the following thread you stated, "I Prefer to Ignore you" but I find that you can't avoid me, as arm twisting seems to be your hobby..
http://www.lawyersclubindia.com/experts/Is-a-divorced-wife-entitled-for-pension--660341.asp
In the same thread when you discussed about "Narcissistic Personality Disorders", I have very well proved that none else other than you were infested with the said ailment.
Guest
(Expert) 12 November 2017
Hai Jiga aklias Dhingra Useless Idiots should avoid commenting On others and could no more expect no more respect from my side
Guest
(Expert) 12 November 2017
Hi N.J.S,, alias Rajkumar, alias Narasimhan, alias Rajendra K Goyal, alias Kumar Doab, alias P.S. Dhingra
When you believed, "Useless Idiots should avoid commenting On others and could no more expect no more respect", why could not you avoid commenting?
Rajendra K Goyal
(Expert) 12 November 2017
JIGYASU - Legal analyst ,
Humble request, please do not associate my name with N.J.S.Rajkumar alias narasimha.
