• Query about filing

Is it possible that petitioner will not appear in front of bench & by notery & WakalatNama lawyer will present the case? How many notary will be done in the begining ? Is it true that there should not be a slightest mistake in the document Submitted in front of HC.?
Asked 4 months ago in Labour from Nasik, Maharashtra

1) your advocate will appear and argue your case on your behalf 

2) your personal presence is not necessary 

 

3) you should approve draft petition before it is filed in HC so that there are no mistakes 

Ajay Sethi
Advocate, Mumbai
59889 Answers
3620 Consultations

5.0 on 5.0

1. For filing and hearing of a civil suit the physical presence of the party is not required.

2. The advocate or conducting advocate can file the case if signed and notarised by the party.

3. it is not clear what do you mean by ' mistake'. I may repeat that to err is human and the court is also not above making mistakes.

Devajyoti Barman
Advocate, Kolkata
16075 Answers
222 Consultations

5.0 on 5.0

You are asking questions about filing procedures before high court.

There are lot of issues to be taken care while filing.

The issues what you refer to are not part of filing procedures.

It is advisable that you better discuss with your advocate at length on all such issues so that you do not have to run around for each and every petty issue.

Even a small mistake in filing will not be accepted by high court.

T Kalaiselvan
Advocate, Vellore
50064 Answers
591 Consultations

5.0 on 5.0

Until and unless asked by the court the petitioner limit to appear before the court and the Advocate is authorised to appear before the court through vakalatnama which is authorising the Advocate to speak to the court on behalf of the client it depends on signature of the of the petition that if any notarized affidavit is required other than the initial affidavit relating to the case.

Vimlesh Prasad Mishra
Advocate, Lucknow
4715 Answers
11 Consultations

4.9 on 5.0

Yes, a Nagpur notarized document can be filed in Mumbai.

 

T Kalaiselvan
Advocate, Vellore
50064 Answers
591 Consultations

5.0 on 5.0

If advocate vakaltanama is there and petition affidavit is there personal presence is not required. One Affidavit will be required.  Yes it is better to prepare document with absolute diligence.

 

Shubham Jhajharia
Advocate, Ahmedabad
14266 Answers
57 Consultations

5.0 on 5.0

Yes notary can be done in nasik and it can be filed in hc in mumbai.

Shubham Jhajharia
Advocate, Ahmedabad
14266 Answers
57 Consultations

5.0 on 5.0

hello

        Generally petitioners dont appear in the hc. The lawyers do the arguments and the proceedings go on. In special cases the court may summon the petition but that is very rare. The affidavit should be done at Bombay hc only. Your pic would be affixed on the petition and you have to sign every page.

Regards 

Rahul Mishra
Advocate, Lucknow
2914 Answers
9 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you may have been in some personal difficulty m, and that is why may not be able to come before the bench.
  2. Yes, if nature of the petition if Civil then you may need not to be present unless there is a court order for your appearance specifically.
  3. But, if the nature of the petition is criminal then you need to be there every time except few times and that is also after making an application from exemption.
  4. Notary should be of that state only in whose High Court, Petition is going to be heard and whatever you have stated in the petition via on oath in the affidavit should contain all true only.

Sanjay Baniwal
Advocate, South Delhi
3808 Answers
7 Consultations

5.0 on 5.0

Notary can be done from any place

If you have given vakalatnama to a lawyer then he can represent you in the matter

You must take care not to make any mistakes in the document which you submit to court as later it will be difficult to amend that as the opponent will object 

Yusuf Rampurawala
Advocate, Mumbai
3694 Answers
16 Consultations

5.0 on 5.0

1) Where you want to file case in Nasik or Mumbai HC. its depends upon your case scenario took place in which city last.

Ganesh Kadam
Advocate, Pune
6281 Answers
46 Consultations

4.9 on 5.0

What the need to appear, Hire lawyer, he will represent you. Just sign vakalatnam.

Yogendra Singh Rajawat
Advocate, Jaipur
8987 Answers
8 Consultations

4.7 on 5.0

You can have writ petition notarised in Nashik and then filed in HC in Mumbai 

Ajay Sethi
Advocate, Mumbai
59889 Answers
3620 Consultations

5.0 on 5.0

HC website would reveal the tentative date for hearing 

 

2) any person can check website and know details of the date fixed for hearing 

 

3) your lawyer will guide you how to check the HC website 

Ajay Sethi
Advocate, Mumbai
59889 Answers
3620 Consultations

5.0 on 5.0

Sir you have to see causlist for that or the case status on the court website after.filing.

 

The circualtion of matter on board of high court.can take a week and further depend upon matter to matter.

Shubham Jhajharia
Advocate, Ahmedabad
14266 Answers
57 Consultations

5.0 on 5.0

You can log into the high court website through ecourts.gov.in and penetrate inside by clicking the correct options to find out the status of your case.

Alternately you can even contact your advocate and enquire about the progress/status of the case.

If it is listed on a particular day, you may confirm the item number in the list and see if there are chances that the case will reach that day or not.

You can contact your advocate and be in touch with him on all such issues.

 

T Kalaiselvan
Advocate, Vellore
50064 Answers
591 Consultations

5.0 on 5.0

kindly tell  about the case no and then only the case might be searched.

Regards 

Rahul Mishra
Advocate, Lucknow
2914 Answers
9 Consultations

5.0 on 5.0

HC hearings are based on dates automatically assigned by the computer software or the dates given by the court itself

if there is any urgency in the matter then it can always be mentioned for being listed on board out of turn 

Yusuf Rampurawala
Advocate, Mumbai
3694 Answers
16 Consultations

5.0 on 5.0

Any person can check HC website and cause list. NO restrain or need any authorization. HC dose not calls party in court, only in exceptional circumstances.

Yogendra Singh Rajawat
Advocate, Jaipur
8987 Answers
8 Consultations

4.7 on 5.0

Dear Sir,

My answers are as follows: 

Is it possible that petitioner will not appear in front of bench & by notery & WakalatNama lawyer will present the case? How many notary will be done in the begining ? Is it true that there should not be a slightest mistake in the document Submitted in front of HC.?

Ans: The High Court is having scrutiny section to pass through the file, it is very difficult to pass through.  They will see each word.  If there mistakes notary signature is required. Personal presence is not required before bench.

cannotary be done at Nasik & presentation done at HC mumbai
Ans: Yes

How frequently H-C call for hearings ? I had gone to HC.Website to know whether, the cause list is there or not, but it said that 'I am not authenised for that."How I can come to know that really hearings are going on?

Ans: It depends upon rules of High Court, you may approach your advocate and get case no. and enter into High Court website to know the details.

Netravathi Kalaskar
Advocate, Bangalore
2061 Answers
5 Consultations

5.0 on 5.0

Yes he can represent himself by lawyer but if court needs his presence it will order

Prashant Nayak
Advocate, Mumbai
7205 Answers
7 Consultations

4.8 on 5.0

The procedure of different high courts is different.

As I told you earlier that physical presence at the time of hearing before the high court is not necessary.

From the cause list anyone can check whether his matter is listed for hearing or not.

 

Devajyoti Barman
Advocate, Kolkata
16075 Answers
222 Consultations

5.0 on 5.0

After filing first the petition will be give a filing number then registry shall check it and give registration number then it will come on board. Check bombay high court website http://bombayhighcourt.nic.in/.

Shubham Jhajharia
Advocate, Ahmedabad
14266 Answers
57 Consultations

5.0 on 5.0

After you file case you are given stamp number of the case 

 

2)you have to remove the office objections 

 

3) after removal of office objections suit would be numbered 

 

 

4) suit would appear on board as per cause list 

 

5) you can check on HC website next date of hearing of your suit 

Ajay Sethi
Advocate, Mumbai
59889 Answers
3620 Consultations

5.0 on 5.0

After filing you will be allotted with a SR Number, i.e., registration number of the case file. 

Then it will go for scrutiny by the concerned officials, who after scrutinisation, if found in order and acceptable, then they will take it on file and allot a case number which will reflect in the ecourts.gov.in.

After that it will be listed for hearing on the specified date as mentioned, however you will not get any information from court, you may have to get to know from your advocate or through ecourts web site.

Your advocate will be getting the information through SMS to his given phone number about the next date of hearing or listing details.

T Kalaiselvan
Advocate, Vellore
50064 Answers
591 Consultations

5.0 on 5.0

The case has to be registered with the Bombay hc and then the case comes up for hearing. The case would be allocated a no. And you can have all the info regarding the case. The case with your name should be searched on the internet.

Regards 

Rahul Mishra
Advocate, Lucknow
2914 Answers
9 Consultations

5.0 on 5.0

Has your lawyer told you the petition number 

You may visit the website of bombay HC (http://bombayhighcourt.nic.in/#) and may search the case by the name of the petitioner also 

Anilesh Tewari
Advocate, New Delhi
14910 Answers
209 Consultations

5.0 on 5.0

Dear Sir,

Some High Courts mainteane two numbers i,e. filing number and original number which will be given after accepting your petition. If you have CNR number it is unique code through which you can search the status of your case please go to following link:

https://services.ecourts.gov.in/ecourtindia_v6/

Netravathi Kalaskar
Advocate, Bangalore
2061 Answers
5 Consultations

5.0 on 5.0

yes ...once filed you can get the status of your case on high court website. if not displayed inquire with the HC department for the same.

Prashant Nayak
Advocate, Mumbai
7205 Answers
7 Consultations

4.8 on 5.0

See the fee of lawyer shall be according to experience face value and his on will so.cannot really challange same.

Shubham Jhajharia
Advocate, Ahmedabad
14266 Answers
57 Consultations

5.0 on 5.0

If the lawyer is a senior Advocate or having a good practice then he might charge this much. Generally lawyers of good practice and status charge this much fee

Anilesh Tewari
Advocate, New Delhi
14910 Answers
209 Consultations

5.0 on 5.0

The fee what you have quoted is something more rather exorbitant.

But again it depends on the lawyer you may choose.

You may better approach another lawyer if you feel that this is too heavy.

T Kalaiselvan
Advocate, Vellore
50064 Answers
591 Consultations

5.0 on 5.0

The fee of a lawyer depends upon various factors and usually lawyers either take a lump sum amount or an amount after the admission stage and final hearing. It all depends upon the lawyer and the client.

Regards 

Rahul Mishra
Advocate, Lucknow
2914 Answers
9 Consultations

5.0 on 5.0

Legal fees vary depending upon the lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
59889 Answers
3620 Consultations

5.0 on 5.0

This fees is exorbitant to say the least.

Only the best legal minds in India command that kind of fees and not the lesser mortals like us.

Devajyoti Barman
Advocate, Kolkata
16075 Answers
222 Consultations

5.0 on 5.0

Whosoever the lawyer is, he or she is too expensive 

Yusuf Rampurawala
Advocate, Mumbai
3694 Answers
16 Consultations

5.0 on 5.0

Fees should be finalize in advance.

Yogendra Singh Rajawat
Advocate, Jaipur
8987 Answers
8 Consultations

4.7 on 5.0

Fees depends on the lawyer's expertise and experience. 
Fees are not uniform or standardised in legal profession. 

Mohammed Mujeeb
Advocate, Hyderabad
6275 Answers
3 Consultations

4.5 on 5.0

There is no fixed amount of the fees for an advocate. He takes fee as per his position at bar and expertise. You need to decide the same in advance.

Prashant Nayak
Advocate, Mumbai
7205 Answers
7 Consultations

4.8 on 5.0

Nops 

499 defamantio definition 

500 punishment for defamanain.

509 insulting women modesty by words and gestures.

Yogendra Singh Rajawat
Advocate, Jaipur
8987 Answers
8 Consultations

4.7 on 5.0

For causing harassment you can seek damages whereas for defamation you can file both criminal case as well as civil suit.

Devajyoti Barman
Advocate, Kolkata
16075 Answers
222 Consultations

5.0 on 5.0

Harassment and defamation are.two separate things. If lawyer is harassing you, you can complaint before bar council.

Shubham Jhajharia
Advocate, Ahmedabad
14266 Answers
57 Consultations

5.0 on 5.0

Harrament is different from defamation. You can file both

Prashant Nayak
Advocate, Mumbai
7205 Answers
7 Consultations

4.8 on 5.0

Section 499 of IPC defines criminal defamation and Section 500, punishment for it. ... Section 500 mentions the punishment under defamation. A person would be liable for imprisonment of up to two years, with or without fine. Defamation under Indian Penal Code is a compoundable offense.

 

Section 509 of IPC states punishment for the acts by words, gestures or any other way, that is committed with an intent to insult the modesty of a ...woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of ...winen 

Ajay Sethi
Advocate, Mumbai
59889 Answers
3620 Consultations

5.0 on 5.0

Harassment case is different to that of the defamation case; Section 499 and 500  deals with the offences relating to defamation and section 509 of IPC is  Word, gesture or act intended to insult the modesty of a woman, from the Indian Penal Code

T Kalaiselvan
Advocate, Vellore
50064 Answers
591 Consultations

5.0 on 5.0

these two are different case 

you can file a case of defamation and link the same to harassment

You may get in touch with a local lawyer for filing the same  

Anilesh Tewari
Advocate, New Delhi
14910 Answers
209 Consultations

5.0 on 5.0

Defamation IPC 499 & 500.

 intending to insult the modesty of any woman      IPC 509.

Mohammed Mujeeb
Advocate, Hyderabad
6275 Answers
3 Consultations

4.5 on 5.0

Harassment does not come under defamation. That is a separate offence. 499 is the Definition of defamation and 500 is the charging section.

Regards 

Rahul Mishra
Advocate, Lucknow
2914 Answers
9 Consultations

5.0 on 5.0

See in criminal case the FIR or complaint is registered on same chargesheet is filed by police and charges are framed then the prosecution from.side of complaints record examination in chief of prosecution witness and cross of defence witness, then arguments are there.

Shubham Jhajharia
Advocate, Ahmedabad
14266 Answers
57 Consultations

5.0 on 5.0

You can write to the bar council. Personal attendance not need.  Bar can only initiate disciplinary proceeding.

For criminal complain have to in court or to police. In both case notices issues to accused.

Yogendra Singh Rajawat
Advocate, Jaipur
8987 Answers
8 Consultations

4.7 on 5.0

You need to file a complaint against the said lawyer at bar council. Along with the same you need for file an affidavit 

Prashant Nayak
Advocate, Mumbai
7205 Answers
7 Consultations

4.8 on 5.0

If you file private complaint before magistrate under section 156(3)  of cr pc Magistrate would direct Police to investigate and submit report 

Ajay Sethi
Advocate, Mumbai
59889 Answers
3620 Consultations

5.0 on 5.0

You can either approach the concerned bar council in person or send the complaint in writing by  registered post with acknowledgment .

If you want to file a criminal case as a private complaint then you may file the same under section 200 cr.p.c.

The procedures cannot be explained properly because that is practical and it  differs  from one court to another in many aspects.

 

T Kalaiselvan
Advocate, Vellore
50064 Answers
591 Consultations

5.0 on 5.0

Write an application and give the same to the bar council and the bar council will thereupon take the action upon the same 

Anilesh Tewari
Advocate, New Delhi
14910 Answers
209 Consultations

5.0 on 5.0

A complaint against a lawyer should be filed in the bar council. It will take cognizance and if it finds that there are serious charges against him then they would issue notice and you would be heard.

Regards 

Rahul Mishra
Advocate, Lucknow
2914 Answers
9 Consultations

5.0 on 5.0

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