• 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

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10 Answers

1. No , if the decree already passed , then you have right to get the same as per law.

- Otherwise, you can get certified copy from the Court directly.  

2. No,if you are a party of the case, then you have right to get the same without any hurdle. 

3. Yes ,  because now your case decreed ,and the file has been sent to record room.

4. Court will not entertain the objection of lawyer , if any 

5.Firstly you should lodge your complaint with the higher official of police like DCP/Commissioner , after stating all the details , and thereby prayed to register FIR against the 2 sons.

- If , no response within the week , then you should move an application before the Magistrate , for seeking status report in the said FIR. 

6.  Magistrate 

7. Even now , and not after filing the charge sheet

8. Through your lawyer 

9. In the said application and complaint , you must mention that the said I.O of the case malafidely trying to safe the two sons , and may be , he will not made accused in the case. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

You need to make application under section 319 crpc for the same to include them as accused. That is the discretion od the police you can  file application seeking directions from the court for their arrest

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1) you are entitled to decree even if lawyer objects 

 

2) after case is decreed you have to apply for certified copy of decree

 

3) lawyer is always at liberty to file suit to recover his fees 

 

4) lawyer must have in writing the fees agreed to be paid by client 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

1. The dispute between you and lawyer, irrespective of who is right, is not a ground on which the court can refuse to pass the decree and/or deliver the certified copy to you.

2. If you have filed an application and made certain allegations against the lawyer then he has to be given an opportunity to file his reply but this does not mean that court can refuse to deliver the certified copy of decree to you. File a revision petition in the High Court to direct the trial court to proceed according to the law.

3. As a litigant you have the right to discharge your lawyer at any stage of the case.

4. Court is not going to direct police to arrest the accused. The remedy is to file a petition for fair investigation before the High Court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. If the court has passed judgement and decree then there is no more problem for you and through a law clerk you can get a certified copy of the decree. So you need not run from pillar to post personally.

2. Now your LAWYER in no way can restrain the court form supplying you the certified copy of the decree.

3. The charge sheets is mostly submitted against the persons who are named in the FIR.

4. File a writ petition in high court to get the accused persons arrested. 

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:-

1) if lawyer files objection, can judge refuse to give decree copy to me?
Opinion:- When the Case finally decided than there is no requirment for the advocate for the copy of decree or any other documents. the judge can not refused to provide the certified copy of the decree to you or to any other person as after completion of the case, the file will be public file and anyone can obtain the certified copy of the same.

2) If so, under what Order and Rule of CPC?
Opinion:- There is no provision in Law.

3) does the vakalat given by me expires when the case is decreed?
Opinion:- yes, when the court pronounce Judgment and make decree then the Vakalat given by you or opposite party has been expired and ceased to be a vakalatnama.

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"?

Opinion:- It is legal, because you filed some application in which you have mentioned some allegation towards the lawyer hence he has a right to file objections.

Feel Free to Call


Dear Querist

My opinion on your queries are as under:-

 

 5) what petition to file to include 2 sons and IPC 421?
OPinion:- If the Charge Sheet has been filed by the police in the Court than you may file a protest Petition before the Court and raised your objections regarding the same

6) petition to be filed before Magistrate or sessions or high court?
Opinion:- Before the Magistrate.

7) petition to be filed before or after filing charge sheet?
Opinion:- After Chargesheet, because without chargesheet you can not be confirmed that Sons are the accused or not.

8) petition to be filed by PP or through my lawyer?
Opinion:- Through your lawyer or yourself.
as the case has not been initiated oropen by PP hence there is no requirement for the permission of the PP.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Court cannot refuse to deliver decree. Advocate act is unethical. Client has every right to withdraw vakalatnama. Complain to bar association and bar counsel of state and India.

You can file protest petiton. It will file before same court after filing CS. Through your advocate. No direct arrest by police if offense punishable for the term not exceeding 7 years. Police can arrest if - cheated object not recovered or non co operation of accused or flight risk.  

Magistrate can send them to jail once cahrge sheet filed. Can object the bail.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

1.  The court cannot refuse just because the advocate has filed the objection, 

2. The court will follow the due process of law.

3. There is no expiry of vakalat after the case is decreed, it will remain effective after that also until you terminate the services of the advocate by filing a memo to the court in this regard.

4. It is your will and wish and right to disengage the services of your lawyer for the reasons you may rely upon, the advocate cannot object to this step taken by you. 

In fact you can seek remedy against the advocate by giving a complaint in the Bar association/bar council. 

5. The sons are not liable for this cheating activity, hence you may not have any cause of action against them.

6.7, 8,  Don't waste your time on it.

9. It is for the police to arrest them, you cannot do anything about this if the police do not arrest them or if they obtain anticipatory bail.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

You have to apply to the court registrar for getting a copy of the decree. If your lawyer is not cooperative, you may engage some other lawyer for the assignment. You may also directly approach the court registrar.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. No judge will not refuse to provide copy of decree to you. 

2. Apply for copy of decree from copying branch of court. 

3. Yes Vakalatnama comes to end when case is decreed. 

4. He legally cannot object in court to give you copy of decree in case of balance fees. 

5. Criminal complaint should be filed Before magistrate.

6. After charge at stage of evidence you can make application under section 319 CrPC. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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