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
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.?
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cannotary be done at Nasik & presentation done at HC mumbai
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
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.
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.
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.
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.
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
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
1) Where you want to file case in Nasik or Mumbai HC. its depends upon your case scenario took place in which city last.
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?
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
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.
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.
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
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.
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.?
cannotary be done at Nasik & presentation done at HC mumbai
Ans: Yes
Is it true that after filing & getting the number, I'll have to register the case & then HC bench will admit the case & then I'll get the info letter by of HC.? After registering the case I'll get anather number for the same case? I tried to find out status of my case, but on ecourt.gov.in Bombay HC is not available, then what is the way to find out apart from asking Lawyer?
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.
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/.
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
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.
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
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
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/
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.
Can a lawyer take Rs. 50000 to 2 Lacs for preparing the draft & then 5 to 15000 for filing, again 5-to 15,000 for registration, 5 to 15000 for Admitting the case?
See the fee of lawyer shall be according to experience face value and his on will so.cannot really challange same.
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
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.
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
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.
Fees depends on the lawyer's expertise and experience.
Fees are not uniform or standardised in legal profession.
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.
Can I file a case of harassment as the case of defamation ? does harassment comes under defamation? What is IPC499, 500, 509 ?
Nops
499 defamantio definition
500 punishment for defamanain.
509 insulting women modesty by words and gestures.
For causing harassment you can seek damages whereas for defamation you can file both criminal case as well as civil suit.
Harassment and defamation are.two separate things. If lawyer is harassing you, you can complaint before bar council.
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
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
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
Harassment does not come under defamation. That is a separate offence. 499 is the Definition of defamation and 500 is the charging section.
Regards
How to go in front of bar council. If I file a criminal case against 12 people, what is the routine procedure followed in criminal courts commonly.
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.
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.
You need to file a complaint against the said lawyer at bar council. Along with the same you need for file an affidavit
If you file private complaint before magistrate under section 156(3) of cr pc Magistrate would direct Police to investigate and submit report
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.
Write an application and give the same to the bar council and the bar council will thereupon take the action upon the same
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
My Lawyer filed a case of defamation against 12 people, who were harassing me. First time my lawyer made the argument with Judge, on next dates I will have to give statements against those 12 accused. But all the time neighter Lawyer of respondant or any of them will be present. Many lawyers cheated me, that's why I am asking, is it the right procedure?
See still the complaint is in enquiry stage the court shall register it and then issue notice kr process to the accused.
Actually it is difficulty to prove a case in court. But if you have ample evidence you can proceed with the same and check
At this stage, matter is under court cognizance, so after hearing admission argument and recording of statement of complainant, notice will issue to opposite party.
Why do you bother about the presence o respondents or their lawyers, you should concentrate on your case alone. If your lawyer is available and taking care of the case, you should not be bothered about other things.
I was in touch with Lawyer since 1Yrie. Since Jan, 18 she did not prepare the draft for 3 mths, then I talked to 2nd lawyer, she did not meet me, didn't talk to me properly but sent a notice to respondant in Aug 18,then took 2 mths to prepare the draft which was worst & ask me to complete it, what can I do in legal matter, then I went to 3rd lawyer., he took 2 mths, but prepared the good draft but kept incomplete, For 20 days everyday. I kept on requesting him to file the case, but he didn't. didn't give proper reson for not filling, then I went to 4th Lawyer, since 5 mths she also sent the notice, file the 3 cases. She took me almost 7 -8 lacks rupees, 2 at Bombay high court &1 at Pimpalgaon criminal court. She took afidavite, tells me something & take. money but didn't give any proof of Judicial procedure, yet any case is not admitted. At pimpalgaon I went with her, on 1st visit nothing done, on 2nd visit affidavit done, on 3rd visit she argued with court, on 4th, court told me that case will be shifted to Nasik, you take the document now only, clerk didn't give document, my lawyer asked clark to send it to her, since 20 days it was not sent, so I went & visit Court, she says, " no, ur next hearing is on 20th may, I didn't tell you to take notice, I just asked to see ur documents".I don't understand what to do?
That's the difference between lawyers who charge less and those charge more
Not necessarily those who charge less are always bad coz there are exceptions
And not necessarily those who charge more are always good coz there are exceptions there too
It's your bad luck that the lawyers you engage are not prompt
And something's are not within the control of lawyer
Such things are dependent on the court and its corrupt registry (again there are exceptions there)
why you paid Rs 8 lakhs for filing case in HC and at magistrate court ?
2) ask your lawyer to obtain copy of roznama
3) it would provide you details of order passed by court for transfer of case or for further hearing
4) you have been taken for ride
See you can engage a reliable advocate in the matter, firstly be present on 20th may before court listen to what court says and what she argues in case court directs to take paper take it on the same day.
Further in case the lawyer cheats you, you can file a complaint before the State bar council.
I paid b'cos , she was not proceeding the case. 1. Case for promotion 2. Case against two charge sheets, 3. Criminal case against I2 people of H.A. L.who harassed me for 17-18 years. How to complain to state Bar council ?
You can complain by writing a letter to chairman of state bar council if she has not done work after taking fee. But in case she is appearing and working then no such complaint shall be maintainable.
If your lawyer has been engaged to fight 3 cases a d payment is fir entire case then your lawyer is not defrauding you
If you feel that you are cheated by the last lawyer, you may prefer a complaint against the said lawyer before the bar council of Maharashtra or with the bar association where the lawyer is attached.
If the lawyer is not at fault then you may have to go by the court procedures which are normal and you may have to be more patient on all such issues.
If you feel that you are cheated by the said lawyer by not doing your work even after taking the payment, then you may write a letter to the chairman of the bar council narrating the entire events that has made you to write this complaint against this lawyer and seek their intervention, but you must attach all the documentary evidences in yor complaint without fail.