LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

NATARAJAN IYER (Proprietor)     17 September 2017

Proxy Advocate

GROUPISM ( ADDAA as we call it crudely in colloquial terms ) has become common in society

( corporate industry, government offices, et al ).

Strike them down with the rule of law, WITHOUT MERCY.

 

Move jokers out of your way and restore meaning to your life.

________________________________________________________________________________________________

 

The SC observed that there is no such term as "proxy counsel" under the Advocates Act. 

Hence neither a party nor the advocate on record would be entitled to 
appoint a proxy counsel and waste the time of the court.

_________________________________________________________________________________________________

Towards the end of this piece, there is a link that highlights these lines of the honourable supreme court.

UNDERSTAND the legal provisions properly.

_________________________________________________________________________________________________

' such a permission were to be granted only in the event a case is made out within the meaning of Rule 3 of Karnataka High Court Rules, 1959 (henceforth referred to as the 'High Court Rules') and further that in the absence of that, an Advocate not on record would be acting as a Senior Advocate designated by this Court in exercise of the powers conferred on it under Section 16(2) of the Advocates Act, 1961. '

_________________________________________________________________________________________________

 

Remove mischievous and unprofessional people who pass off as professionals, out of your way of LIFE.

 

One of the legal matters where I am the petitioner, two respondents exist and each has his own advocate.

However the advocate of the respondent 1, chose to appoint a proxy advocate ( proxy counsel ) who for some strange reason 

had decided that the life of an advocate gives the advocate the license to ASSAULT THE DIGNITY of the person being cross-examined.

 

For a few minutes I kept quiet and listened to his high-pitch drama and attempts to assault my dignity, in the name of cross-examination. When he went over-board, I cut him short in the open court and told him he may follow the advocates act, 1961 and the laid down rules and KEEP MOVING.

 

The Judge too seemed to be influenced by his forceful methods and I instantly told the Judge that with due respects to the court, I must make it clear that the judge cannot speak to me in a rude method.

 

There was an adverse comment in the deposition sheet.

 

I filed a complaint against the judge, mentioned his adverse comment, submitted it at the office, took an acknowledgement and was on a wait and watch mode.

 

I made it clear in the complaint with these lines ' I HAVE COME TO THE COURT OF LAW, TOWARDS MY LEGALLY ENTITLED RIGHTS BY THE HONOURABLE CONSTITUTION OF INDIA AND I HAVE NOT ENTERED THE PRIVATE RESIDENCE OF ANY PERSON '

 

I received a phone call from an advocate who told me that the notice board in courts ( famous for displaying an announcement and removing it within short time ) has a recent announcement that any complaint against any sitting judge/ officer should be accompanied by an affidavit.

I immediately submitted an affidavit and marked a copy to the registrar-general of the high court of the complaint and the affidavit.

 

Without wasting any further time, I filed an RTI and sought details of the MEMORANDUM OF APPEARANCE of the proxy counsel.

In today's society and professional scenario, when the supreme court has expressed shock over almost forty percent of advocates being fake and self-proclaimed advocates, how can i believe a person in black coat who enters the court and gives his initials and says he represents the main advocate whose initials alone he further gives and the deposition sheet too has the same entry ?

So, I filed another RTI seeking to know the bar council enrollment number of this proxy-counsel.

I filed a third RTI seeking to know the details of qualifying exam/ interview/ selection records of the Judge of that court.

 

The net-net result was that the Principal Judge reviewed the complaint and the affidavit etc along with the RTI and made it clear to the judge that if he cannot handle the case and parties the way they should be, he may transfer it to the court of the Principal Judge himself.

 

This time round, the behaviour was very courteous and the main advocate walked in and gave a statement to the court that he had indeed authorized this advocate to represent the respondent on his behalf and the same was noted.

 

The RTIs too would be required to be given appropriate responses and that can happen when everything is procedurally done as per law.

 

Now, read this IMPORTANT piece here and henceforth insist on the main advocate of the respondent ( OP - Opposite Party ) file a proper memorandum of appearance authorizing his/her  brother/sister-advocate to appear on his behalf.

 

https://timesofindia.indiatimes.com/city/mumbai/Proxy-counsel-cannot-argue-a-case-High-court/articleshow/46257573.cms

 

The SC observed that there is no such term as "proxy counsel" under the Advocates Act. 

Hence neither a party nor the advocate on record would be entitled to appoint a proxy counsel and waste the time of the court.
_________________________________________________________________________________________________

Read this mainly.

 

https://indiankanoon.org/doc/977721/?type=print

_________________________________________________________________________________________________

 

TIMES HAVE CHANGED. DO NOT PERMIT anybody to snatch your rights. DO NOT PERMIT PEOPLE TO TAKE YOU TO THE YEAR 1975 AND FORCE YOU TO ACCEPT THAT WHICH THEY BELIEVE TO BE JUSTICE AND START BEHAVING LIKE AN EXTRA-CONSTITUTIONAL BODY.

HAVE BASIC COURAGE AND WISELY FIGHT IT OUT.

But fight wisely since ultimately neither the court nor the advocate has anything to lose, except for the fact that MANY PEOPLE TODAY ( FROM ALL PROFESSIONS ) EARN HUGE PILES OF GARBAGE

( SIN AND CRIMES ) FOR THEMSELVES AND THEIR FAMILY, but deep philosophy has a different platform and here, the intention of this article is to inform the readers to FIGHT IT OUT WISELY since NO BODY can give your own LEGAL RIGHT to you since it ALREADY EXISTS.

 

So, remove the jokers out of your way and bring meaning into your LIFE.



Learning

 3 Replies

NATARAJAN IYER (Proprietor)     17 September 2017

@Ramesh Singh I am referring to order 3 of the act. Proxy advocate is not recognized by law. I am not claiming any victory. I have enlightened people on the requirement to be determined in ensuring that their legal rights are not snatched. Indoor or outdoor, track is track. But here that track example is irrelevant. Thankyou.

(Guest)

what do you mean by PROXY? how can someone be allowed to appear without a vakalat being filed.proxy advocate is not recognized by law,or any profession for that matter, we all know that but ,in my view, i dont see any connection to legal right being snatchd on that front and then you trying to claim the victory on advocates and even judges.

looks like just another UN MODERATED article where the poster is tyring to show his wrath on advocates.  when you have a separate section for ARTICLE, why do you continue to post long write ups of this sort here in this category?

why dont you post the details of the court/judge and proxy advocate,as you claim, here.. I would be more interested to file a RTI and get a insight on this partitcular case.

NATARAJAN IYER (Proprietor)     19 September 2017

@keval rajan

1. Usually nobody would bother to reply to your post, but i do out of kind consideration.

2. The points you raise are indicative of your lack of practical experience of court-room scenario.

3. Addaa ( Groupism ) is known as a nuisance, to every person who is in-touch with courts and govt.office scenario

4. No wrath against anybody. whoever claims to be an advocate is bound by the advocates act, 1961 and the same law governing us all.

In fact, neither advocates nor judges are the Law. They are merely facilitators. In a democracy, every one is entitled to legal rights.

5. No victory claim here. I have only narrated an incident. But the fact that you never saw the two links to two relevant citations prove that you are quoting 

out of context without reading the entire article.

6. Show me one member of the general public who is happy with the judiciary, govt.office, police and doctors. It is only a few dedicated advocates, dedicated govt.employees, dedicated police officers and dedicated doctors who are keeping those institutions alive and helpful to the public. The remaining suck the life and blood of the general public. This is known to all. Pick the newspaper and it is enough to highlight this with proof.

7. When matters are sub-judice, we may only describe the matter in public but should not reveal further details. You may file RTI but it is not as easy as the mischievous angle seen in your comment...Your locus standi would be questioned and especially in something which is not a public document.

8. As quick as you have been to retort, be quick enough to understand the basics of law and the way it gets translated to action.

THANK YOU.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading