Thursday, January 31, 2013

tips on advocates

Tips on Advocates Perjury- The advocate punished for contempt of Court has to seek pardon from the Court concerned for the Act done by him on the ground that he really and genuinely repented and that he has resolved not to commit any such Act in future. Pravin c. shah v. K.A. Ali. 2001 (4) RCR (Cri.) 408 (SC): AIR 2001 SC 3041. Misconduct- Intentional harassment of the witness by avoiding the cross examination byu excuses is professional misconduct. N.D. Datane v. Shrikant S. Shivde, 2001(4) RCR (Cri.) 491 (SC): AIR 2001 SC 2028. Letter to client to arrange the money for bribing the judge. Licence cancelled.Sambhu Ram Yadav v Hanuman Das Khotey. JT 2001 (5) (SC) 618: AIR 2001 SC 2509. A regular govt. employee can not remain on rolls of bar council . Satish K. Sharma v. The Bar Council . JT 2001 (1) (SC) 236: AIR 2001 SC 509. Advocates Act- Strike by the advocates is illegal and unconstitutional. Client can sue for the damages due to the non-appearance of the advocate . Raman Services Pvt. Ltd. v. Subhash Kapoor, 2001 SCCC (Cri.) 3: JT 2000 (Suppl.2) (SC) 546: AIR 200 SC 207; Ex. Capt. Harish Uppal v. U.O.I, JT 2002 (10) (SC) 310 Const. Bench. Arbitrater- An arbitrator is a court. Manohar lal v. Vinesh, 2001 SCC (Cri.) 1322:2001(2) Crimes 202 (SC): 2001 (2) RCR (Cri.) 475 (SC): AIR 2001 SC 1820: 2001 Cri. L. J. 2044. Name of the advocate is not given in the list of the cases to be heard . notice should have been given to the counsel before marking his absence. Saheed Bhagat Singh Coop[. H.B. Society ltd. v. Improvement Trust Ludhiana, JT 2000 (9) (SC) 54: AIR 2002 SC 3589; An advocate/Amicus Curiae advocate is a officer of the court. V. Venakata Rao v. Regional Transport Authority, 2(2000) ACC. 156 A. P. Retention of files of the clients for non-payment of dues by the client is misconduct on the part of the advocate R.D. Saxena v. Balram Prasad Sharma, JT 2000 (9) (SC) 432: AIR 2000 SC 2912. Non – appearance of the counsel in the case is professional misconduct. For withdrawal notice to the client be given. G. Sridher & Anr. v. State of A.P. 2005(2) RCR(Cri.) 116 A.P. An advocate is an officer of the Court and legal profession is not a trade or business, rather it is an officer of the court and legal profession is not a trade or business rather it is a noble profession and advocates have to strive to secure justice for their clients within legally permissible limits. R.N. Sharma Advocate v. state of Haryana , 2003 (3) RCR (Cri) 166 (P&H). Rs. 8118 received by the counsel on behalf of his client and kept with him. Then produced forged documents to establish that he has paid the amount. Licence cancelled permanently. Harish Chander Tiwari v. Baiju, 2002 SCC (Cri,) 294 (SC): AIR 2002 SC 548. Undue adjournments of the case is an abuse of the process and also a misconduct. Mohd. Khalid v . State of Wst Bangal ,2002 (4) Crimes 160 (SC). Professional Misconduct-Running of STD/Photocopier in the name of advocate. Licence cancelled for 5 year. Bhupinder Kumar Sharma v. Bar Ass. Pathankot, Jt 2001 (9) (SC) 480: AIR 2002 SC 41. Fees charged by the advocate but suit not field . It amounts to misappropriation of amount. D.S. Dalal v. State Bank of India , 1993 (2) RRR 116: AIR 1993 SC 1608. Appearance of another counsel in the case without obtaining the permission of the counsel already engaged by the client . it is misconduct on the part or the advocate appearing afresh. Giri Raj Parshad Sharma v. Rajasthan Uni. 1987 civil Court Cases 37.
Application for obtaining information under the Right to Information Act, 2005 From: xxxxxxxxxxxxxxx xxxxxxxxxxxxxxx To, The State Public Information Officer The Incharge Administrative Officer xxxxxxxxxxxx District Courts, xxxxxxxxxCity, Andhra pradesh. 1. Full name of the applicant : xxxxxxxxxxxxxxxxxxx 2. Postal Address : xxxxxxxxxxxxxxxxx a. Subject matter of information : Information regarding the DVC xxx/ 2010 and certified copies b. Period to which information relates to : Filled dates xxxxxxxxx c. Description of information required. : Respected Sir, I'm xxxxxx the RESPODENT for the case no DVC xx 2010 pending before the HONORABLE COURT OF THE IIIRD METROPOLITAN MAGISTRATE COURT AT VISAKHAPATNAM. 1. Please provide the certified copies of Counter Affidivit along with all Annexure documents (I to X) filed by the Respondent in DVC 31/2010 in the HONORABLE COURT OF THE IIIRD METROPOLITAN MAGISTRATE COURT AT VISAKHAPATNAM ON 13th April 2011. 2. Please provide the date of preparation of FORM 1[See rules 5(1) and (2) and 17(3)] DOMESTIC INCIDENT REPORT UNDER SECTION 9 (B) AND 37 (2) (C)OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 (43 OF 2005) 3. Please provide me the certified copy of the FORM 1[See rules 5(1) and (2) and 17(3)] DOMESTIC INCIDENT REPORT UNDER SECTION 9 (B) AND 37 (2) (C)OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 (43 OF 2005) 4. Please provide me the list of documents attached to the DOMESTIC INCIDENT REPORT in Serial Number 5 of FORM I with certified copies. 5. Please provide me the certified copy of the FORM II(See rule 6(1)]APPLICATION TO THE MAGISTRATE UNDER SECTION 12 OF THE PROTECTIONS OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 (43 of 2005) 6. Please provide me the certified copy of the FORM III (See rule 6(4) and 7] AFFIDAVIT UNDER SECTION 23 (2) OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005. 7. Please provide me the certified copy of the FORM VII (See rule 11(1)] NOTICE FOR APPEARANCE UNDER SECTION 13(1) OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 towards all respondents of DVC 31/2010 in the HONORABLE COURT OF THE IIIRD METROPOLITAN MAGISTRATE COURT AT VISAKHAPATNAM. 8. Please provide certified copy of petition filed under PWDVR RULE 10 (1) (a) to CONDUCT HOME VISIT BY PROTECTION OFFICER on 4th May 2011 by the Respondent along with petitioner received notice served memo copy . 9. Please provide the date and certified copy of Home Visit Report of the Protection Officer Home Visit is conducted by the Protection Officer. Please kindly provides me the above said information as earliest as it had bearing in High court of Andhra Pradesh. (PLEASE PROVIDE ALL CERTIFIED COPIES not with Xerox) Hereby I'm attaching the judgement of the CIC clearly stated that courts come under RTI act and certified copies needs to be disclosed and further added that: “No claim has been made by the PIO of any exemption under the RTI act to deny the information. If a Public authority has a process of disclosing certain information which can also be accessed by a Citizen using Right to Information, it is the Citizen’s right to decide which route he wishes to use. The existence of another method of accessing information cannot be used to deny the Citizen his freedom to use his fundamental right codified under the Right to Information Act. If Parliament wanted to restrict his right, it would have been stated in the Law. Nobody else has the right to constrain or constrict the rights of the Citizen.” Also I'm also attaching the appeal of K. Veera bhadra rao before the Honorable High court of Andhra pradesh unregistered Appeal ROC no. 640/SO-3/2009 directing the family court to disclose the information. If you feel that the requested information dosen't pertain to your department or Information is available to other department, then please follow the provisions of section 6(3) of RTI act 2005 and transfer the application to the relevant PIO. d. Information required : Through Speed/ Register Post 4. Whether the applicant is below poverty line : No 5. Language demanded (U/s 6(1) of the RTI Act 2005) : English Please furnish the requested information at your earliest for which I am herewith enclosing a court fee stamps for Rs. 110 /- (Rs.25/- towards the RTI fees according to AP High Court remaining amount for the copying and postage charges). Thanking you sir Yours truly xxxxxxxxxxxx Place : .xxxxxd. xxxJuly 20xx Court Fee Stamps of Rs.xxxx/- (Rs.25/- towards the RTI fees according to AP High Court remaining amount for the copying and postage charges).
Application for obtaining information under “RTI Act 2005” Place : Hyderabad, Date : 03-11-2012. RTI application (service) Fee IPO for Rs. 20/- Received RTI application for Office Serial No.___________________ Received Date of my RTI application at your office(s): ____________ Due Date for this RTI Reply from your office(s):__________________ To From (Appellant’s name and address) PUBLIC INFORMATION OFFICER, XXXXXXXXXXXXXXXXXXXX, O/o XXXXXXX office XXXXXXXXXXXXX, XXXXXXXXXXXXXXXXXX, XXXXXXXXXXXXXXX, XXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXX, XXXXXXXXX, HYDERBAD – 500000. XXXXXXXXXXX HYDERABAD - 500000. Respected Sir/Madam, Sub: - Requesting you to kindly furnish the ______________ information Smt________________________ , H. No. ___________, ________________, Near _______________, Secunderabad through RTI Application U/s 3 & 4, R/w 6 & 2 (j), and related sections of RTI Act 2005– Regarding. Ref: - 1. Smt._________________-, Cell No. _________________. 3. Ration Card of Smt. __________, D/o ______. (Card No. ________________). 4. Indian postal order No._______________, Dt.___________, for Rs.20/- ---000--- I. Name of the Applicant XXXXXXXXXXXXXXXXXXXXXXXXXXXX Concerned Office/Department: PIO, O/o the ___________________ office, H. No. __________, MJ Road, Nampally, Hyderabad. Kind Note for your perusal: Name : Smt. _____________________________ Husband’s Name : __________________________________ Address :__________________________________________. II. Particulars of information: I am requesting the below information under section U/s 6 R/w 2 and related RTI Act 2005. Based on the given particulars of information. [Q1]. Requied information shouts given below as per [Q2]. Requied [Q3]. Requied [Q4]. Requied III. Pleas provide the information as per below cited way only. 1. Format in which information is required: Written or typed matter / Xerox copies of documents. 2. Address: Please send to the above cited address in Page No. 1. 3. Mode of delivery: Only through Govt. Speed Post/ Govt. Registered Post/Govt. Insured Registered Post. 4. RTI application fee through Indian postal order No. ____________, Dt.__________, for Rs.20/- enclosed along with this letter. Please provide the receipt for my RTI fees. 5. The information sought concerns for my life and liberty; therefore please provide the information within 48 hours. As per the RTI act 2005, provide the RTI application reference number for this application and kindly provide the reason if you are unable to provide the information in 48 hours. 6. I state that I am citizen of India and I am eligible to seek the information under the Right to Information Act 2005. Please provide the information in English language. Necessary charges will be paid. 7. Please provide the answers in the following way: a. Please provide the answers sequence wise only i.e.1, 2, 3 etc… b. Please provide the answers to each and every question. Don’t club if any questions/ answers are repeated. c. Please answer the question separately even the answers to different questions may have the same answer. d. Please provide the unique answer number while answering to sub-sections in main questions. i. e. for a question having two sections and having also sub-sections then please provide the question number and then answer for each section and also for sub-section as per question. 8. Please provide U/s 2 (j) (ii) the RTI reference number while sending the response to this RTI. 9. Please provide U/s 2 (j) (ii) and related RTI Act, the Stamp duly signed by concerned official while sending response to this RTI. 10. Please provide the Date duly signed by concerned official while sending response to this RTI. 11. Pleas kindly respond within 48 horses if the concerned PIO not willing to give RTI response to this RTI application. And provide the reason for doing so. 12. Kindly Acknowledge the RTI application reference number after opening the complaint. 13. In additional to that, I humbly submit to your kind knowledge that, it the detail is furnished, which under sections 8 and others the official secrets act 1923. 14. Indian constitution under article 14 & 15 as well as section 74 & 76 of The Indian Evidence Act 1872. 15. Since it is the PIO’s responsibility to inform me of the particulars of the appellate authority as per Section 7 (8) (iii), and he has not done so, it is his responsibility to forward it to the Second Appellate Authority. 16. And related other rules and act. 17. If you are not competent authority, than forward to consent office U/s 6 (3) and relevant of RTI Act 2005 and intimated them. Thanking your sir/madam, Yours faithfully, Place : Hyderabad, (XXXXXXXXXXXXXXXXXXX) Date :. Enclose: 1. , 2. Xerox copy of Ration Card of Smt. _______________________. 3. Indian postal order No. ______________, Dt.______________, for Rs.20/- Note: I am the citizen of INDIA and having right to seek information through RTI ACT, 2005. As per the RTI Act, 2005 the concerned PIO should not return my original RTI application without appropriate section. If the information is not available in your office, please kindly reply back the RTI response with reason for doing so in detail by showing appropriate sections in RTI act, 2005 with justification.