You can’t file any case against lawyer on the basis of above information. You can only file case against person who filed the said case against you
Action against a lawyer
I am from Mumbai, appointed in a Central Autonomous Body in Ahmedabad. I took action against my junior for accepting bribe. My junior's sister works in High Court and she used one of her junior lawyer to file a false complaint against me that I misappropriated govt fund and I got this job because of my father's family relation with my boss i.e. our Director General who is from Assam. No one from my family has any connection with Assam. I got the vigilance clearance two days back. Now, I want to take action against the lawyer for filling this false information. I want to know through the court who supplied this false information to the lawyer, or who directed the lawyer to do such acts(As the lawyer has no direct or indirect relation with me or my office) .I do not want to file a defamation case. How can i extract this information legal from that lawyer.Please advise.
Asked 12 months ago in Labour
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13 Answers
It is not known that what was the complaint, to whom and in what capacity that the lawyer had made.
If the complaint was made to your employer then what was the action taken by them.
How did you know that this lawyer only made a complaint against you.
You can take appropriate legal action against the false complaint only when you collect the evidences to prove that this was a false complaint.
The written complaint signed by that lawyer is made to our office is that i had taken money which is cleared by our office after due verification. The other complaint is that i am a relative of the Director, which is also denied by our office. The lawyer has no direct connection with our office.
Asked 12 months ago
Q-1.
As such you donot have any right nor you are entitled neither there is any mechanism to get any stated information through the court. You have only right to file case of defamation both civil and criminal against the erring lawyer. You can also file complaint to bar association. You can also file suit for recovery of damages against erring advocate.
Q-2.
What is your query? It is public office so any person from public can file complaint.
If the complaint was given by the lawyer in order to defame you and spoil your future to close your career.
Therefore you can collect the evidences and file a criminal defamation case against him besides a civil case to recover damages due to this.
Issue legal notice to lawyer to tender an unconditional apology and with draw false and defamatory statement a made against you
2) file suit for damages against lawyer
3) lawyer is not bound to disclose his source of information to you
Act as mentioned herein above
Lawyer always files complaint on behalf of his client and is agent of the client you can take action against the peridot in whose behalf he has filed that complaint. If he has filed it in personal capacity then he can be booked for that
1. You can lodge/file a complaint.case against the said person for lodging/filing false complaint/case to initiate criminal proceedings against you u/s 211 of IPC.
2. However, defamation case can also be filed simultaneously against that person.
3. While replying to your petition, that person is expected to furnish the details as asked by you and if he/she dopes not do that, the Court may be asked to direct him/her to furnish the said details.
1. The basic complaint is for initiating criminal proceedings against you for msappropriating Gov. fund.
2, So, act as advised in my earlier post.
- Firstly , you should enquire about the compliant , and if you have received vigilance clearance then you can trace who had authorised the said lawyer for filing the said compliant .
- Further , you can send a legal notice to the said lawyer for disclosing the reasons of the said compliant .
- Further, as you have no relation with the Assam , then you can even file a compliant against the said lawyer for the same.
it will be very difficult to know as to who supplied the information to the complaining lawyer
but one thing comes out clear that the complaining lawyer had no locus to file the complaint
is it the lawyer's case that the complaint was filed by him as a public spirited citizen?
you will have to issue a legal notice to that lawyer and requisition him to give details of the person/entity who gave him the information using which he filed the complaint
but keep one thing in mind - the lawyer can have the defense that the complaint was filed by him on basis of the information he received from a third party and he directly did not make any imputations against you. so he will try to shift the onus on the supplier of the information
however your legal notice must call upon him to give details of the supplier of the false information
in your legal notice you must also make known to the complainant that you have got the vigilance clearance and thus nothing survives in his complaint
after the legal notice, the legal action which you can take against that lawyer is either to file a criminal complaint for the offence of defamation or file a civil suit seeking recovery of damages which you have suffered due to the false complaint, provided you can prove those damages
making a complaint to the Bar Council will not yield any result in my view as the Bar Council is completely inert and does not even act on the complaints - its a sorry state of affairs - they are only interested in getting votes for the bar council elections. there is a contempt petition which was filed in the Supreme Court against the Bar Council , but the bar council complaints are not even attended to and gather dust in its office. shameful!
Dear client,
To obtain information from the lawyer who filed the false complaint against you, you may consider filing a civil suit for malicious prosecution against the lawyer. In such a suit, you can ask the court to order the lawyer to disclose the identity of the person who supplied false information to him or her. However, to succeed in a claim for malicious prosecution, you would need to prove that the lawyer acted with malice, without reasonable and probable cause, and that you suffered damages as a result of the false complaint.
Alternatively, you may file a complaint with the Bar Council of the state where the lawyer is registered. The Bar Council has the power to investigate and take disciplinary action against lawyers who act unethically or violate their professional duties. In your complaint, you can request the Bar Council to investigate the lawyer's conduct in filing a false complaint against you and to take appropriate disciplinary action if the lawyer is found to have acted unethically.
It is important to note that filing a complaint against the lawyer may lead to further litigation, and it may take time to obtain the information you seek. You may want to consult with a local lawyer who has experience in civil litigation and professional misconduct matters for further guidance.
A lawyer is protected with client-attorney privilege and confidentiality. He can take defense of the information that he received from the client. Only if you can establish personal advantage that lawyer was seeking by filing such fallicious complaint then you can build the case against the lawyer and his client. You can file complaint before the Bar Council of Gujarat stating the suffrage caused.
You can ask through RTI the copies of the complaint file against you and get the information of the lawyer.
