File case against lawyer misusing dv act

Come out with acquittal from  the  case, mere acquittal would not mean   that the   case  was  false  or  the casec was actuated out of malice. The  action against  the  lawyer should  not be made  except  upon strong and   reasonable grounds and   sufficient material to  support the same , the lawyers  are  officers of the courts and are the  parts  of the judicail system. in order that they may   fearlessly represnt their clients  for redressal  of their grievences  they  need be   protected  from fasle  and vaxatious  allgeations  yet ,you have   remedies agaist the lawyers  also ,  including filing of  complaints  against them  with the bar councial  concerned , 

@ Author


1. If you have strong evidence leading to proving allegation of 'commission" by way of recoding / writing then only think of taking action otherwise donot burn your youth in such futile exercise during spur of moment thoughts.


2. BCI complaint is again a futile exercise based on presented brief.


3. Compose yourself  / take a pause from current spousal acrimony and contest tooth for tooth allegations that is going to be your biggest payback time to alleged member of the legal system. 

[Always remember the lesser the litigation on floor of FORUM the better predictive outcome one has otherwise welcome to 3,48,94,624 current pending legal cases maze]

keep cool. concentrate on the main case.

These Lawyers take advantage of your misfortune...so if you find you can afford time, energy, money and mind...do not spare him...I have suffered a lot in the hands of lawyers..and after shelling out lacs..i have arrived at one good lawyer...each one has taken advantage...

It is not that lawyers can do whatever they want...there have been numerous cases filed on lawyers...some of them are as below:

• Perjury- The advocate punished for contempt of Court has to seek pardon from the Court concerned for the Act done by him on the ground that he really and genuinely repented and that he has resolved not to commit any such Act in future. Pravin c. shah v. K.A. Ali. 2001 (4) RCR (Cri.) 408 (SC): AIR 2001 SC 3041.

• Misconduct- Intentional harassment of the witness by avoiding the cross examination byu excuses is professional misconduct. N.D. Datane v. Shrikant S. Shivde, 2001(4) RCR (Cri.) 491 (SC): AIR 2001 SC 2028.

• Letter to client to arrange the money for bribing the judge. Licence cancelled.Sambhu Ram Yadav v Hanuman Das Khotey. JT 2001 (5) (SC) 618: AIR 2001 SC 2509.

• A regular govt. employee can not remain on rolls of bar council . Satish K. Sharma v. The Bar Council . JT 2001 (1) (SC) 236: AIR 2001 SC 509.

• Advocates Act- Strike by the advocates is illegal and unconstitutional. Client can sue for the damages due to the non-appearance of the advocate . Raman Services Pvt. Ltd. v. Subhash Kapoor, 2001 SCCC (Cri.) 3: JT 2000 (Suppl.2) (SC) 546: AIR 200 SC 207; Ex. Capt. Harish Uppal v. U.O.I, JT 2002 (10) (SC) 310 Const. Bench.

• Arbitrater- An arbitrator is a court. Manohar lal v. Vinesh, 2001 SCC (Cri.) 1322:2001(2) Crimes 202 (SC): 2001 (2) RCR (Cri.) 475 (SC): AIR 2001 SC 1820: 2001 Cri. L. J. 2044.

• Name of the advocate is not given in the list of the cases to be heard . notice should have been given to the counsel before marking his absence. Saheed Bhagat Singh Coop[. H.B. Society ltd. v. Improvement Trust Ludhiana, JT 2000 (9) (SC) 54: AIR 2002 SC 3589;

• An advocate/Amicus Curiae advocate is a officer of the court. V. Venakata Rao v. Regional Transport Authority, 2(2000) ACC. 156 A. P.

• Retention of files of the clients for non-payment of dues by the client is misconduct on the part of the advocate R.D. Saxena v. Balram Prasad Sharma, JT 2000 (9) (SC) 432: AIR 2000 SC 2912.

• Non – appearance of the counsel in the case is professional misconduct. For withdrawal notice to the client be given. G. Sridher & Anr. v. State of A.P. 2005(2) RCR(Cri.) 116 A.P.

• An advocate is an officer of the Court and legal profession is not a trade or business, rather it is an officer of the court and legal profession is not a trade or business rather it is a noble profession and advocates have to strive to secure justice for their clients within legally permissible limits. R.N. Sharma Advocate v. state of Haryana , 2003 (3) RCR (Cri) 166 (P&H).

• Rs. 8118 received by the counsel on behalf of his client and kept with him. Then produced forged documents to establish that he has paid the amount. Licence cancelled permanently.Harish Chander Tiwari v. Baiju, 2002 SCC (Cri,) 294 (SC): AIR 2002 SC 548.

• Undue adjournments of the case is an abuse of the process and also a misconduct. Mohd. Khalid v . State of Wst Bangal ,2002 (4) Crimes 160 (SC).

• Professional Misconduct-Running of STD/Photocopier in the name of advocate. Licence cancelled for 5 year. Bhupinder Kumar Sharma v. Bar Ass. Pathankot, Jt 2001 (9) (SC) 480: AIR 2002 SC 41.

• Fees charged by the advocate but suit not field . It amounts to misappropriation of amount.D.S. Dalal v. State Bank of India , 1993 (2) RRR 116: AIR 1993 SC 1608.

• Appearance of another counsel in the case without obtaining the permission of the counsel already engaged by the client . it is misconduct on the part or the advocate appearing afresh. Giri Raj Parshad Sharma v. Rajasthan Uni. 1987 civil Court Cases 37.

If you feel you should take action...go ahead...

Vikram

 I  have nothing to offer  favorable for those  lawyers    who are  guilty of misconduct , but looking to  the nature of his duties   extra  care is   required  to be taken  when   he is being  prosecuted by  his clients  adversary,  just  as a judge needs protection from  vaxatious allegaltions,  a lawyer should aslo be given due protection so that he  may not be subjected to any sort of fear  while  dischaging  his legal durty ,

Dear Querist

Advocate do not do anything own his/her will, he/she is only the repersentative of the party/client. no case is madeout.

feel free to call 

Better concentrate on your own case.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

agreed with Shonee Kapoor sir.

digression from the main purpose will be time consuming & futile.