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Tag: Advocate Antics

Shiv Kumar Chauhan Vs State of Haryana and Ors on 05 Nov 2020

Posted on November 5, 2020 by ShadesOfKnife

High Court of Punjab and Haryana has taken the arrogant advocate to the ride enhancing the costs from Rs.50,000/- to Rs.1,00,000/-, on his invitation. LOL

From Para 11,

11. No doubt, merely because civil suits are pending would not mean that simultaneous criminal proceedings cannot be instituted on the same cause of action. Provided of course, any criminal case is made out. Prima facie, the lis herein seems to be of civil in nature and institution of the criminal proceedings is being sought for collateral pressure and for settling private scores/gains. Be that as it may, it is for the appropriate court to look into the same, in accordance with law.

Legal options for getting a Criminal FIR registered, from Para 12,

12. In my opinion, the petitioner ought to have first approached the trial Court under Section 156 (3) Cr.P.C for redressal of his grievance, if any, before directly approaching this Court. Section 156 (3) empowers aMagistrate to ensure proper investigation. Ordinarily, in case of a grievance arising out of non registration of an FIR, first remedy is to approach theSuperintendent of Police under Section 154(3) Cr.P.C. or any other competent police officer per Section 36 Cr.P.C. However, even if thereafter,grievance is unmitigated, one can take judicial recourse by approaching a Magistrate under Section 156(3) Cr.P.C. Still, thereafter, an aggrieved partyhas a further remedy of filing a criminal complaint under Section 200 Cr.P.C. Reference may be had to Apex Court judgment in “Sakiri Vasu v. State of U.P and others”.

NOTE: First complaint at nearest police station u/s 154(1) CrPC, then escalation to SP/SSP/CP u/s 154(3) CrPC, then complaint to Jurisdictional Magistrate u/s 156(3) CrPC and then filing a criminal complaint u/s 200 CrPC.

Then rubbing the saw-dust on the wound of the losing party, High Court held as follows while levying costs,

13. The other relief qua dissolution of trust and/or induct/appoint the petitioner as its Secretary sought herein being civil in nature, instant petition qua the same is an abuse of the court process. In any case, conduct of the petitioner for indulging in subtle concealment, as aforesaid, does not inspire
any confidence so as to exercise any jurisdiction under Section 482 Cr.P.C. Petition is dismissed with a cost of Rs.50,000/- to be deposited in Covid-19 fund created by U.T. Administration, Chandigarh. Liberty is though granted to approach trial court, as already observed herein above.
14. At this stage, learned counsel for the petitioner very rowdily exuberates that paying costs is not an issue and he is even ready to pay Rs.1.00 lac towards the same. He also boisterously claims that he has been instrumental in making many a judges and how can his arguments/contentions,therefore, be rejected by this court to dismiss the instant petition. To say the least, the tone, tenor, manner and conduct of the learned counsel for petitioner leaves a lot to desire. Yet, taking a lenient view thereof, this court rather prefers a self-restraint from taking any further action. However, on the invitation of the learned counsel for the petitioner, the cost imposed is enhanced to Rs.1 lac.

 

Shiv Kumar Chauhan Vs State of Haryana and Ors on 05 Nov 2020
Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged Advocate Antics Avoid Multiplicity Of Litigation Dismissed with Costs Mala Fide Untenable Maliciously Instituted Case Solely Intended to Harass Perjury - Approached Court with Unclean Hands Shiv Kumar Chauhan Vs State of Haryana and Ors | Leave a comment

RE Vijay Kurle and Ors on 04 May 2020

Posted on May 8, 2020 by ShadesOfKnife

Supreme Court has rejected all of the interim application filed by the contemnors and held that they have no valid grounds to entertain the interim applications challenging the very judgment itself and for recalling of judgment.

RE Vijay Kurle and Ors on 04 May 2020
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Advocate Antics Imprisonment For Contempt Of Court RE Vijay Kurle and Ors | Leave a comment

Giribabu Marthi Vs Union of India on 15 April 2020

Posted on May 8, 2020 by ShadesOfKnife

A practicing Advocate at AP High Court has prayed for arrangement of Rs 1 lakh interest free personal loan per advocate, to be repayable in 10 EMIs, after the situation become corona free. Notice was issued as under.

Giribabu Marthi Vs Union of India on 15 April 2020
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Advocate Antics COVID-19 Cases Giribabu Marthi Vs Union of India Loans for Advocates Sensational Or Peculiar Cases | Leave a comment

Raghuvansh Dewanchand Bhasin Vs State of Maharashtra and Anr on 9 September 2011

Posted on April 28, 2020 by ShadesOfKnife

The Supreme Court upheld the High Court decision of holding the Police officer who executed the cancelled Non-bailable warrant against the practicing advocate. It was also held that Police officer was sufficiently reprimanded. The High Court had also granted a compensation of Rs.2000/- from the personal account of Police officer to the Advocate!!! I am wondering if the compensation granted is a fair (to the advocate) and deterrent (to the police officer). In my opinion, at least 3 months salary must be given as compensation.

Raghuvansh Dewanchand Bhasin Vs State of Maharashtra and Anr on 9 September 2011

Citations: [2012 SCC 9 791], [2011 AIOL 663], [2012 AIR BOMR 1 197], [2011 AIR SC 3393], [2011 AIR SC 5347], [2011 ANJ SC SUPP 2 65], [2012 BOMCR CRI SC 1 260], [2011 JT 10 253], [2011 RCR CRIMINAL SC 4 212], [2011 SCALE 10 233], [2011 SLT 7 1], [2012 SCC CRI 4 679]

Other Source links: https://indiankanoon.org/doc/1934058/ or https://www.casemine.com/judgement/in/575fd363607dba63d7e6e2d9


Index of Police Personnel Antics is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Advocate Antics Denied Compensation Inder Mohan Goswami and Another Vs State Of Uttaranchal and Others Issue of Non-Bailable Warrant Non-Bailable Warrant Quashed Police Antics Raghuvansh Dewanchand Bhasin Vs State of Maharashtra and Anr Reportable Judgement or Order | Leave a comment

Palanisamy and Ors Vs K Dhanpalan on 21 March 2017

Posted on April 20, 2020 by ShadesOfKnife

Supreme Court held that without giving fair opportunity to the appellant, Disciplinary Committee could not have arrived at the conclusion of guilty.

Palanisamy and Ors Vs K Dhanpalan on 21 March 2017

Citations: [(2017) 4 SCC 713]

Other Source links: https://indiankanoon.org/doc/190018442/ or https://www.scconline.com/blog/post/2017/06/01/2017-scc-vol-4-may-21-2017-part-4/


Disclaimer:

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

I have no control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in it’s entirety, not I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Advocate Antics Non-Reportable Judgement or Order Palanisamy and Ors Vs K Dhanpalan | Leave a comment

Deepa Bhure and Otrs Vs Jai Kishan and Anr on 15 February, 2019

Posted on March 5, 2019 by ShadesOfKnife

A cunning advocate obtained blank cheques from his client as surety for this professional fees and misappropriate them. Law caught upto him and shown his place.

Deepa Bhure and Otrs Vs Jai Kishan and Anr on 15 February, 2019
Posted in High Court of Delhi Judgment or Order or Notification | Tagged Advocate Antics Deepa Bhure and Otrs Vs Jai Kishan and Anr | Leave a comment

Anand Kumar Sharma Vs BCI on 01 March, 2019

Posted on March 4, 2019 by ShadesOfKnife

This is a case of an advocate filing false information during the enrollment with Bar Council. After debarring him from enrollment, then he went of a petition/appeal filing spree at all level of courts. All the time getting dismissed.

Anand Kumar Sharma Vs BCI on 01 March, 2019

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Advocate Antics Anand Kumar Sharma Vs BCI | Leave a comment

Mahipal Singh Rana Vs State Of U.P on 5 July, 2016

Posted on October 17, 2018 by ShadesOfKnife

What can I say about this case and the advocate involved? Read for yourself.

Mahipal Singh Rana Vs State Of U.P on 5 July, 2016

Some news articles around this advocate here and here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Advocate Antics Catena of Landmark Judgments Referred/Cited to CC Act Sec 12 - Contempt In Face Of Court Imprisonment For Contempt Of Court Mahipal Singh Rana Vs State Of U.P. Sandeep Pamarati | Leave a comment

Court On Its Own Motion Vs Deepak Khosla on 22 February, 2016

Posted on September 19, 2018 by ShadesOfKnife

Hon’ble High Court of Delhi gave this judgment.

On 11.10.2013, while arguing certain applications in LPA 16/2012, the respondent, Advocate Deepak Khosla referred to the Bench comprising Hon’ble Mr. Justice Sanjiv Khanna and Hon’ble Mr. Justice R.V. Easwar, as „Dedh Bench‟ (Hindustani equivalent of one-and-half Bench). Recording this expression, the order dated 11.10.2013, noted that it would take a view on this expression at the time of final disposal of CM No. 2392/2013.

Court On Its Own Motion Vs Deepak Khosla on 22 February, 2016

A old article of 2013 about this person here.

And few more below

https://www.thehindu.com/news/cities/bangalore/Contempt-notice-to-advocate-for-%E2%80%98attempting-to-intimidate%E2%80%99-court/article17389175.ece

https://barandbench.com/double-whammy-deepak-khosla-moves-supreme-court-against-delhi-hc-contempt-gets-slapped-with-contempt-by-supreme-court/

https://timesofindia.indiatimes.com/city/delhi/Angry-HC-sends-lawyer-to-jail-for-misconduct/articleshow/51146445.cms

https://barandbench.com/delhi-hc-20000-costs-deepak-khosla-kirti-uppal/

https://www.livelaw.in/delhi-hc-turns-plea-video-recording-proceedings-advises-advocate-temperate-civilised-read-order/

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Advocate Antics CC Act 14 - Contempt In Face Of Court Complaint To Bar Council Court On Its Own Motion Vs Deepak Khosla Imprisonment For Contempt Of Court | Leave a comment

Chandra Shekhar Kargeti Vs State of Uttakhand on 8 August, 2018

Posted on August 11, 2018 by ShadesOfKnife

Wonderful Judgment from Hon’ble High Court of Uttarakhand, wherein it was held that Filing of False Affidavit is perjury and in this case it was done by a Advocate. A cost of 2 Lakhs was levied.

From Para 11,

A perusal of the criminal misc. application moved under Section 482 Cr.P.C. would reveal that the applicant has annexed some papers of case diary (Annexure 2 to the application) without disclosing the fact that from where he had obtained the papers of case diary which are confidential papers prepared by the Investigating Officer during investigation. It is surprising to note here that the applicant never appeared before the court below after submission of charge sheet and the trial court has also not passed orders under Section 207 and 208 of Cr.P.C. to supply the documents to the applicant. Since the court below has never supplied the papers of the case diary to the applicant as provided under Section 207 and 208 Cr.P.C. it is quite surprising how the applicant has annexed the papers of the case diary before this Court.

From Para 20,

Applicant before this Court is a practicing Advocate. He has himself stated so in para 8 of the present application – that the applicant is an Advocate and a public spirited person, a resident of Haldwani. Applicant has verified the contents of paragraph no. 5 of the criminal misc. application on the basis of record. However, no document has been placed on record to show that on the basis of which record or document, the averments were made in paragraph no. 5 of the criminal misc. application. However, the averment itself is false as the complainant is a member of Scheduled Tribe community and certificate to this effect has been issued to him by the competent authority. Thus it is a proven fact on record that contents of paragraph no. 5 of the application are false and misleading and were made to commit fraud upon the Court.

 

Chandra Shekhar Kargeti Vs State of Uttakhand on 8 August, 2018
Posted in High Court of Uttarakhand Judgment or Order or Notification | Tagged Advocate Antics Chandra Shekhar Kargeti Vs State of Uttakhand CrPC 482 - Quash Dismissed Perjury - Costs Levied or Imprisonment For Perjury Perjury - Forged Evidence or False Statements on Oath or False Affidavit Submitted Sandeep Pamarati | Leave a comment

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