Section 35 Advocates Act

By the way, what was your advocate doing in the face of white lies of the opposite party? Didn't s/he raise objection/s then and there?

I reside in Assam, 2500 KM away from Delhi. I do not know whether my advocate was present or not at the time of hearing. However, he told me that he was not allowed to be haerd by the court after the submissions were made by the opposite counsel. I was helpless in the matter.

Reply the question Ambikaji. Dont ask question.

My advocate as well as many other advocates at Delhi whom I know and with I have communicated on the topic have told me that though great injustice has been done to me, nothing can be done agianst the erring OP or his advocates and that there is no remedy available to me.

Normally such things happen and you can not blame the advocate. It is also the perception of the court on evidence and records which may be defferent from your personal opinion.

If you have conviction go in appeal.

In the case of Sen sessions court awarded life prison and high court upheld it , while the Supreme court held that there is no record even to file a case. So what you will say.

    Do not any one think that a contempt of court case shall lie against Justice Dhingara in this case for committing contempt of his own court in so far as he, without referring the records of the case and without going through the same and simply on the basis of the false/misleading/deceptive/contradictory submissions of the advocates of the OP on facts ( which were in sharp contradiction with the submissions made by the OP on oath before the court) passed an order in favour of the OP?</p>
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    Should the&nbsp; JUDICIAL ACCOUNTABILITY be refused to the people of this country?</p>
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    If any one is interested, I can send the softcopy of the entire case for his study and advice. I am confident that this shall be a landmark case from even the academic point of view.</p>
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    I am an advocate and I am suffering since last a few decades due to the abuse of the process of law. If I am helpless, I do not know how many innocent people without a legal background might be suffering for such abuses.</p>
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    Can we go to form a FORUM AGAINST THE ABUSE OF PROCESS OF LAW by the unscruplulous people.</p>

I had filed an SLP against the said order, but the same was dismissed by SC without granting me/my advocate any opportunity of hearing.

I had also filed a complaint u/s 35 of Advocates Act before Delhi Bar Council vide Complaint case no. 31/2011 whereupon I was demanded as many as 30 copies of the complaint as well as the documents. Hearing took place on 9.5.2011 whereupon my attorney was told by the Bar Council that my complaint to the Bar Council is not tenable as I could file a complaint for the professional misconduct of my advocate only. I can not file a complaint against the advocate of the OP for the professional misconduct of his.

I had also filed a complaint in Delhi High Court against the OP and his advocates for the offence of the criminal contempt of the court by them. My complaint has also been forwarded to the Delhi High Court for necessary action by Deaprtment of Law, Justice & Legislative affairs, Govt of NCT, New Delhi. But I have been told by me fellow advocates that this complaint to the Delhi High Court is not likely to be entertained.

A situation of TOTAL HELPLESSNESS is there. Can any one guide me as to what should be done in the matter ?

What would have been the option left with a man of the status of Mr. Vinayak sen ( who is Vice President of Peoples' Union for Civil Liberties) had the SC confirmed the verdict of the HC.

I went to Supreme Court too, but my SLP was dismissed in Limine

---   IN LIMINE MEANS YOU SUBMITTED YOUR PETITION AFTER THE EXPIARY OF THE TIME LIMIT.

AS YOUR PETITION SUBMITTED LATE BY YOUR ADVOCATE, AND DISMISSED ON THAT GROUND, CHECK THE PETITION, WHATHER CONDONATION OF DELAY IS THERE OR NOT, IF IT IS THERE HOW STRONG IS THAT?

YOU BRING A CONTEMPT OF COURT AT DELHI HC, BUT AS YOUR SLP REJECTED, NOW IF YOU BRING THIS MATTER AGAIN, YOUR OPENANT MAY CLAIM RES JUDICATA.

Whether an application lies to the Bar Council of Delhi

---   YOU MAY BRING IT BUT NOT MUCH HOPE ON THAT.

JUDGE AND THE RESPONDENT BOTH ARE ADVOCATES, WHERE YOU ARE NON ADVOCATE.

YOU ARE RAISUING THE ISSUE OF MR VINAYAK SEN.

MR VINAYAK SEN'S ISSUE WAS WHETHER HIS ACTS WERE 'DESODRAHITA' (ENGLISH NOT KNOWN ) OR NOT?

IS YOUR CASE SAME OR SIMILAR WITH THAT?

LIMINE means at the threshhold.

SLP Civil no. 17566 of 2010 filed by me in SC was dismissed by SC on 26.7.2010 by a single line order " The Special Leave Petition is dismissed."

This is despite the fact that in Afzal & Another V. State of Haryana & Others (1996) 7 SCC 397 and in Mohan Singh V. Late Amar Singh (1998)6 SCC 686, Hon'ble SC itself had held that a false and misleading statement deliberately and wilfully made by a party to the proceeding to obtain a favourable order amounts to prejudice or intereference with the due course of judicial proceedings, and it will amount to criminal contempt. The Hon'ble SC further held that every party is under a legal obligation to make the truthful statement before the court, for the reason that causing obstruction obstyruction in due course of justice " undermines and obstructs the very flow of the unsoiled stream of justice, which has to be left clear and pure, and no one can be permitted to take liberties with it be severing its purity."

I have spoken about Vinayak Sen in response to a reply by one referring the same and quoting " In the case of Sen sessions court awarded life prison and high court upheld it , while the Supreme court held that there is no record even to file a case. So what you will say.".

My only point was Mr. Sen was held guilty by Sessions Court which was confirmed by HC. He was lucky that SC observed otherwise. The issue is had SC not oberved otherwise and had it towed the same line as that of Session Court and HC, what option would have been left with Mr. Sen.