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Tag: Advocate Antics

Malhan and 17 Ors Vs State of UP and Anr on 07 Feb 2022

Posted on July 11, 2022 by ShadesOfKnife

A division bench of Allahabad High Court held that, Once the written statement contains an admission in favor of the plaintiff, the amendment of such admission of the defendants cannot be allowed to be withdrawn and such withdrawal would amount to totally displacing the case of the plaintiff which would cause him irretrievable prejudice. In the present case the question now is whether the admission made by the defendant in favour of the plaintiff can be withdrawn and the answer in the language of the apex court is ‘not permissible’.

From Para 4,

4. We have heard Sri Madan Mohan Chaurasiya, learned counsel for the review applicants, and requested him to explain the delay in filing the review application, to which he gave a strange reply that he advised his clients that they may take a chance by filing this review application after a period of six years. We are pained to note that an advocate should not give such an advise when there is no error apparent on the face of record nor was there any other reason that why the matter be re-agitated after it was finally decided.

From Para 7,

7. The expression “sufficient cause” in Section 5 of Act, 1963 has been held to receive a liberal construction so as to advance substantial justice and generally a delay in preferring appeal may be condoned in interest of justice where no gross negligence or deliberate inaction or lack of bona fide is
imputable to parties, seeking condonation of delay. In Collector, Land Acquisition Vs. Katiji, 1987(2) SCC 107, the Court said, that, when substantial justice and technical considerations are taken against each other, cause of substantial justice deserves to be preferred, for, the other side cannot claim to have vested right in injustice being done because of a non deliberate delay. The Court further said that judiciary is respected not on account of its power to legalise injustice on technical grounds but because it is capable of removing injustice and is expected to do so.

Malhan and 17 Ors Vs State of UP and Anr on 07 Feb 2022
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Advocate Antics Catena of Landmark Judgments Referred/Cited to Legal Procedure Explained - Interpretation of Statutes Limitation Act 1963 Sec 5 - Extension of prescribed period in certain cases Malhan and 17 Ors Vs State of UP and Anr | Leave a comment

Anurag Saxena Vs Union of India on 17 May 2022

Posted on May 19, 2022 by ShadesOfKnife

The Full Bench of Apex Court dismissed this frivolous PIL with Costs. The petitioners are practicing advocates at Apex Court!

The petitioners, who are practicing lawyers of this Court, have filed the present petition seeking several reliefs, including a direction to allow the vehicles to run till the end of their registered life in both diesel and petrol variants.
Before the petitioner in person – Mr.Anurag Saxena commenced his arguments, we forewarned him that the reliefs claimed by him are contrary to the orders passed by this Court as well as the National Green Tribunal. The petitioner in person insisted that he had a good case and he would convince the Court if he is granted 8 minutes time. We again forewarned him that we will permit him to do so, but in the event, if we find that the petition is without substance, we will saddle a cost of rupees one lakh per minute, that is, 8 lakhs. He, however, insisted on arguing the matter.
We uninterruptedly permitted Mr.Saxena to argue the matter for 8 minutes.
We find that the present petition is nothing but an abuse of process of law. At least a lawyer practicing before this Court is expected to know that a
petition under Article 32 of the Constitution of India, cannot be filed to seek any reliefs which are contrary to the orders passed by this Court. In spite of the forewarning, the petitioner in person continued to argue the matter. We therefore, passed an order dismissing the petition.
Mr. Saxena did not even stop after we passed the order dismissing the petition. He still continued with his endeavour to argue the impossible.
We could have very well imposed the cost of rupees 8 lakhs while dismissing the petition, which we indicated at the beginning of the hearing. However, we do not propose to be harsh to an ill-advised parties in person who fortunately or unfortunately are lawyers. We are therefore, inclined to take a lenient view of the matter.
We dismiss the Special Leave Petition with costs which are quantified at Rs.50,000/- The same may be paid to the Supreme Court Legal Services Committee within a period of two weeks from today.
However, before closing, we warn the petitioners that if they indulge into such sort of misadventurism hereinafter, the Court would be required to take a stern view of the matter. 

Anurag Saxena Vs Union of India on 17 May 2022
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Advocate Antics Anurag Saxena Vs Union of India Dismissed with Costs PIL - Frivoluos | Leave a comment

Bar Council of Kerala Vs Raju Y and Anr on 04 Jan 2019

Posted on April 24, 2022 by ShadesOfKnife

Supreme Court refused (dismissed summarily) to consider the SLPs filed by Bar Council of Kerala against the decision of the division bench of Kerala High Court upon a writ appeal from here (including one filed against T.Koshy, Diary No. 43042/2018), which held that Bar Council (of any State or India) do not have power to prescribe any fee for the enrolment, either in the form of enrolment fee or special fee. .

2019-01-04 Bar Council Of Kerala Vs Raju Y and Anr on 04 Jan 2019

Citations:

Other Sources :

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Advocate Antics Advocates Act Section 24 - Persons who may be admitted as advocates on a State roll Bar Council of Kerala Vs Raju Y and Anr Bar Council of Kerala Vs T.Koshy Illegal fees during Enrollment to State Bar Council Landmark Case | Leave a comment

Vipin Rajput Vs State of MP on 13 Apr 2022

Posted on April 23, 2022 by ShadesOfKnife

High Court of MP said that, the Advocates would be answerable for the consequences suffered by the clients if the non-appearance was solely on the ground of a strike call..

From Para 6,

6. From the impugned order, it is clear that on 28.12.2021 Ranjana Chauhan (PW-18) had appeared and her examination-in-chief was recorded and in spite of various judgments passed by the Supreme Court as well as High Court, by which strike by the lawyers has been declared to be illegal, the lawyers were abstaining from work. Thereafter, at the request of the applicant, cross-examination of Ranjana Chauhan (PW-18) was deferred for the next date and on the next date, i.e., 29.12.2021 counsel for the applicant did not cross-examine her. The case was then adjourned to 11.01.2022 and on the said date also, counsel for the applicant did not cross-examine Ranjana Chauhan (PW-18). Thus, it is clear that not only, the lawyers were abstaining from work contrary to the judgment passed by the Supreme Court in the case of Ex-Capt. Harish Uppal Vs. Union of India and another reported in (2003) 2 SCC 45, but the counsel for the applicant was out and out to harass the prosecution witness Ranjana Chauhan (PW-18) as he did not cross-examine her in spite of an opportunity given by the Trial Court on 29.12.2021 and 11.01.2022.

From Para 10,

10. Thus, it is clear that the Advocates would be answerable for the consequences suffered by the clients if the non-appearance was solely on the ground of a strike call. On 28.12.2021 the prosecution witness was not cross-examined because the lawyers were abstaining from work. The Bar cannot justify its strike merely by saying that they are not on strike, but they are abstaining from work. Strike and abstaining from work is one and the same thing. In spite of the fact that the lawyers were on illegal strike by calling it as abstaining from work, the Trial Court fixed the case for the next date, i.e., 29.12.2021 for cross-examination of prosecution witness Ranjana Chauhan (PW-18). However, in spite of that, the counsel for the applicant did not cross-examine her. Thereafter, the case was again fixed for 11.01.2022 and on the said date also, counsel for the applicant did not cross-examine her.

From Para 11 and 12,

11. It is submitted by the counsel for the applicant that since the trial involves serious disputed questions of facts and law, therefore, counsel for the applicant was required to make preparation for cross-examining the prosecution witness and, therefore, he could not cross-examine her on 11.01.2022 and further it was already 5:15 PM.
12. The submission made by the counsel for the applicant is not acceptable. The Trial is pending since 08.02.2017, i.e., the date on which the charges were framed. Even after a long five years of pendency of trial, if the counsel for the applicant has not prepared the case, then only he is to be blamed.
13. So far as the contention of the counsel for the applicant that since it was already 5:15 PM, therefore, he did not cross-examine her is concerned, it is clear from the order sheet of the Trial Court that the witness had appeared at 3:00 PM but pass over was sought by the counsel for the applicant. If the Court had accommodated the counsel by passing over the matter, then the counsel cannot make a complaint that since working hours were over, therefore, he had a right to refuse to cross-examine the witness.

From Para 14,

14. Under these circumstances, this Court is unable to accept the contention of the counsel for the applicant that the counsel is ready to pay the compensation as well as expenses to the witness out of his own pocket. If the applicant has engaged a lawyer who is not serious towards his profession, then the applicant has a remedy to approach the Bar Council and if the counsel for the applicant was working as per the instructions of the applicant, then the applicant cannot run away from his liability of not cross-examining the prosecution witness Ranjana Chauhan on 28.12.2021, 29.12.2021 and 11.01.2022.

From Para 16,

16. However, liberty is granted to the applicant that in case, if his counsel had acted contrary to his instructions and did not cross-examine the witness in spite of his clear instructions, then he shall have a remedy of filing a civil suit for claiming compensation. He shall also have a remedy to approach the Bar Council against his local counsel for abstaining from work in spite of the law laid down by the Supreme Court in the case of Ex-Capt. Harish Uppal (supra).

Vipin Rajput Vs State of MP on 13 Apr 2022

Citations :

Other Sources :

 

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Advocate Antics Legal Procedure Explained - Interpretation of Statutes Vipin Rajput Vs State of MP | Leave a comment

Santhanam and Anr Vs State and Anr on 20 Sep 2021

Posted on September 25, 2021 by ShadesOfKnife

A saga of illicit relationship of 5 years between two advocates is twisted into a tale of rape!!!

Santhanam and Anr Vs State and Anr on 20 Sep 2021

Citations :

Other Sources :

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Advocate Antics Evidence Act 65B - Admissibility of electronic records False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Judiciary Antics Police Antics Santhanam and Anr Vs State and Anr Work-In-Progress Article | Leave a comment

High Court of Madras Vs B Sathish Kumar and Ors on 27 Aug 2021

Posted on August 30, 2021 by ShadesOfKnife

 

High Court of Madras Vs B Sathish Kumar and Ors on 27 Aug 2021
Tagged Advocate Antics Costs For Contempt Of Court Fine For Contempt Of Court High Court of Madras Vs B Sathish Kumar and Ors Imprisonment For Contempt Of Court | Leave a comment

M Karthiga Priyadarshini Vs State on 30 Mar 2021

Posted on July 15, 2021 by ShadesOfKnife

 

M Karthiga Priyadarshini Vs State on 30 Mar 2021

Citations :

Other Sources :

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged Advocate Antics CrPC 438 - Anticipatory Bail Granted M Karthiga Priyadarshini Vs State | Leave a comment

State of Maharashtra Vs Ahamed Aasif Fakih on 18 Mar 2021

Posted on April 4, 2021 by ShadesOfKnife

In this case before District Sessions Judge Thane, the accused-Advocate is prosecuted for offence of assaulting his own wife with intention to kill her and possessing firearm.

State of Maharashtra Vs Ahamed Aasif Fakih on 18 March 2021
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Advocate Antics State of Maharashtra Vs Ahamed Aasif Fakih | Leave a comment

Vijaysingh Yadav Vs State of Madhya Pradesh

Posted on April 4, 2021 by ShadesOfKnife

 

On 2021-03-26

It was ordered that for mental checkup be done for the accused-Advocate through a qualified Doctor or a psychiatrist and submit report before this Court.

Vijaysingh Yadav Vs State of Madhya Pradesh on 26 Mar 2021
Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged Advocate Antics Vijaysingh Yadav Vs State of Madhya Pradesh | Leave a comment

Brajmohan Mahajan Vs Bar Council of India on 05 Jan 2021

Posted on March 17, 2021 by ShadesOfKnife

After overcoming getting himself enrolled with MP Bar Council here, this advocate was cleared to appear for AIBE exam at Gwalior examination center.

Brajmohan Mahajan Vs Bar Council of India on 05 Jan 2021
Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged Advocate Antics Brajmohan Mahajan Vs Bar Council of India Denial entry for AIBE | Leave a comment

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