i can understand your anger and my advice for you is to sleep on it. he is doing his job, it may not concur with your understanding, if you are innocent and have done no crime, then fight your case to the best of your ability and leave these trivial matters behind. the entire lawyer community are united as one and will definately defend his actions, however wrong it might be. (then again there are exceptions)

dv/498a are a matter of serious concern, i suggest you hire a good lawyer.

Dont get emotional. Put brain to use!

Hello Members,

I also have faced the similar situation. Where in my DV case the applicant filed the new affidavit about her place of resdience with proof of bus tickets and the affidavit was verified by her lawyer..just with in a week the applicant filed an appeal in the session court with affidavit which was totally in contradiction of the affidavit filed in the lower court and she got the ex parte order in session court. later i filed the application under 340 CrPC in the session court which was accepted by the court and issued notice to the respondent. here it is important to note that in both the matter the same lawyer has represented the applicant. and he was fully aware that the applicant has filed the affidavit and evidence supporting the affidavit in the lower court whereas the contradictory affidavit filed in session court and on the basis of argument of applicant's counsel argument only the session court passed the ex parte order.

I want to know if the applicant's lawyer is anyhow responsible for representing the false facts and can he be  a party in 340 application or any other action against him.

Thanks

Dear Querist

I completly agree with Mr. Aashish

thank you nadeem ji.....

In response to Aashish and Nadeem… Thank you for your reply....

Sorry to say but it’s so much unfortunate to hear that people have narrow down their mentality on justice just because they wear same color of “coat”!!!! Wouldn’t that be nice…. if as a structural engineer, I design a building which collapsed after one month (kills 100s of its residents) and still other structural engineers supports me saying that it was a perfect building design just because I wear a “blue” coat? Think about it? My understanding is, a brother should be there to support you for a “good” cause, save you from “evil” and teach you a “moral lesson” when you are losing hope from the truth… NOT for doing “injustice” to someone else and stay protected….

One thing for sure is that India can’t grow in the system like this…

We were a better slave than a free man!!!!    All the time, I curse M.K.Gandhi for giving something (freedom) to a foolish race (like me) which should not be given (at least on the basis of moral grounds)!!!!

Mango

Originally posted by : Aashish George
	the entire lawyer community are united as one and will definately defend his actions, however wrong it might be. (then again there are exceptions) dv/498a are a matter of serious concern, i suggest you hire a good lawyer.

@ george and Ashish please stop holding up each others underwear 

@ george 

Its high time you grow up before making a remark  as above it shows your maturity level and specially the one marked in red . Take for example tomorrow one amicus curiae murders another amicus curiae so which of the entire lawyer community would take up for , can you answer my question ?????????

@ Mango , Pun 

There is nothing you can do against the lawyer in such type of cases . 

Hi All,

Please go through the below copied link and the rule no 4 and 5 on professional standards as per bar council of india.

https://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/

4. Refuse to act in an illegal manner towards the opposition

An advocate should refuse to act in an illegal or improper manner towards the opposing counsel or the opposing parties. He shall also use his best efforts to restrain and prevent his client from acting in any illegal, improper manner or use unfair practices in any mater towards the judiciary, opposing counsel or the opposing parties.

5. Refuse to represent clients who insist on unfair means

An advocate shall refuse to represent any client who insists on using unfair or improper means. An advocate shall excise his own judgment in such matters. He shall not blindly follow the instructions of the client. He shall be dignified in use of his language in correspondence and during arguments in court. He shall not scandalously damage the reputation of the parties on false grounds during pleadings. He shall not use unparliamentary language during arguments in the court.

Please suggest if on the basis of above points there is any possibility. 

Thanks

Thanks Pun for providing me such details... By any chance, do you know how to challenge the Supreme Court to maintain above mentioned acts in a strict fashion?

stanely, the very statment you have made shows your manners. i wish i could take pot shots like you do,  but i am afraid i am neither interested nor do i have the time. if you are a lawyer by profession, you should be aware of the reality, not live in a la la land. but enough about this. as i said earlier also, you can make a hue and cry, scream bl**dy murder, that does not change anything.

do u know what happens when u complain against a lawyer? do u know who fights their cases? who represents the lawyer who is defaulted? your ignorance amazes me, i really dont have words.

mango, i am sorry that you cant seem to make peace with the truth, but i would personally love to see you try. you see, people like stanely or for that matter me, wont come and help you. wont pay the lawyer you hire, wont come to your aid, except give advises here. that is the hard truth. you can chase this, you can win, you can loose, its all upto you. the time and effort, not to mention the money that will be wasted will be your loss. so, you decide and follow through.

and i dont know about blue coats or tank tops. but we as lawyers/advocates stand united as one, yes, some of us make mistakes and yes there are exceptional cases. but mostly, nothing happens, max to max a suspension for a few months (which is rarest of the rare cases).

tomorrow one amicus curiae murders another amicus curiae so which of the entire lawyer community would take up for , can you answer my question ????????? the answer is simple, this is a state case, not a complaint to the bar. get it? you should think before you type, can u compare a state case with a civil case? if you can.....i am afraid we are done here.

Thanks Aashish for letting me know about the reality... I feel, if I have to bring this change, I have to fight this case at my own... I have checked with my family members as well and got the same reply... Big “No”…  My brother, my father, my mother... everyone is saying same thing…  

I am thinking to pursue degree in law and taking this up myself as it will require a lot of money, efforts and struggle to get through it... I would be late in doing this… but it’s always better late than never…. At least, I should be able to save some of my brothers and sisters... Signing the last page on the court case by petitioner shall not bring out the liberty for the lawyers to win on unethical and immoral grounds…

I truly believe that the day lawyers will start having the fear of losing their licenses; they'll all stop targeting the innocent human beings in the court. Someone has to do this... and somewhere it has to make sense....

Mango

@ George 

we are not talking about state cases /civil cases here . your remark was that the entire community would support the lawyer even if he was in the  wrong. Hence my question and the pharse .??

I have seen several lawyers serving a sentence and the law is not an exception to them. Please dont tell me they have immunity :-)  . Hence your question amuses me  . 

Are you aware a few lawyers fight false cases not taking their fees from the client but just a percentage from the maintanence amount granted :-) and over here itself you will see as i presume you are new over here many a advocate r/w High court r/w supreme court advising to file ase cases of DV or 498 A  tame the opp party .go through the old post than only would you realise  

@ George 

HC orders jail to lawyers for unruly behaviour

Feb 20, 2013, 07.22AM IST TNN
 

@Mango,

Though i support your views of few lawyers are like that but very unfortunate /bitter fact is that its 498A wives who went to them for their consultancy. Lawyer didnt came to them proactively to ask them file 498A...Also 498A wives reads and signs all these documents so lawyers liabilities ends there.

P.S. I am also fighting 498A and DV and other cases..

@ Mango,

In a country where corruption from peon to PM is common, what Ashish said is common. If you start fighting them, then no end, better fight them learning law ,in a language that  they understand and save some victims against this biased 498a.Thats my plan to pursue a law albeit a master from IIT. And please leave few low level lawyers who took down the profession to court gates  for searching  clients and standing like automan waiting for passanger. There are equally good proportion of lawyers who help real victims, you learn and strengthen that community with plus one. Also I was initially very emotional and strated it getting down, I see your response are highly emotional, reduce it.