Judge not giving Court decree & Judicial Custody for 420
Hello All,
I'm the Plaintiff for the pronote case. Legal notice and plaint were prepared by a lawyer in city and he referred another 2nd lawyer to run the case in a court situated far away from city. After my cross exam was over, 2nd lawyer gave me change of vakalat due to his health issues. I appointed 3rd lawyer who asked initial fees and fees on hearing basis, which I paid in his bank account.
New lawyer crossed defendant and made oral arguments. After the case is decreed in my favour, new lawyer surprisingly claimed big amount as "case completion fees" and refused to hand over the decree copy for MANY months, inspite of compromise talks. I sent message to his cell number: I have already paid fees to 2 lawyers prior to you and why you did not ask case completion fees when I gave vakalat to you, for which he never replied.
So, I sent termination notice to this lawyer, and filed affidavit+petition as party in person, praying court to revoke vakalat and issue decree copy. I also submitted my bank statement showing lawyer fees deposits in the bank account of new lawyer. new lawyer objected in court, asked date to file objection.
1) if lawyer files objection, can judge refuse to give decree copy to me?
2) If so, under what Order and Rule of CPC?
3) does the vakalat given by me expires when the case is decreed?
4) Is it legal for lawyer to object, while he has the legal remedy to file recovery case against me to claim "case completion fees"?
---------------- Judicial Custody for 420 -----------
After receiving legal notice for above case, defendant settled his assets to wife with the help of his 2 sons and filed insolvency. Based on my complaint, police registered FIR against IPC 420 and 421 against defendant and 2 sons.
Police said they will file charge sheet shortly, but they will not include 2 sons and IPC 421 in charge sheet.
5) what petition to file to include 2 sons and IPC 421?
6) petition to be filed before Magistrate or sessions or high court?
7) petition to be filed before or after filing charge sheet?
8) petition to be filed by PP or through my lawyer?
This accused has made my life miserable for the past 4 years. I requested Police to arrest accused and produce before court for judicial custody, so that accused can apply bail, but Police refused and said that they will file charge sheet and issue summons to accused.
9) what should be done legally, to make police arrest accused and produce before court for judicial custody, since 420 will be included in charge sheet?
Thanks all for your reply
Asked 4 years ago in Criminal Law
Religion: Hindu