Legal Question in Appeals and Writs in India

a really difficult issue for me?

A lawyer has filed a criminal case in 1993 on behalf of a teacher and according to the bombay website it shows writ petition filed in 1996 whose status is disposed in 2000 ( stage : for directions for non filing of the second set of writ petitions),...thereafter there is no indication of any records when the lawyers /clients /case no/respondents particulars are typed in the search engine on the websitewhich was last updated till 2005. Yet presently the lawyer is frequently claiming the case is presently up for hearing and then later he says that the judge is out of station,it is postponed, some weird excuses,(he evades giving us the case number when asked), IS there any way of acertaining the truth about his statements ,since the particular teacher is nearing the end of retirement next year. He has already taken a sum of 13000/-rupees. And he yet continues to verbally assure that the case is strong and due any time now. How can we check this out...the website has no details of writ petitions filed after 1996 pertaining to this case. Is it possible to get a speedy check /change the lawyer/report fraud against this lawyer if proved he has been stalling this case or is in cahoots secretly with the opposite party-Please help/advise


Asked on 4/21/08, 7:30 pm

6 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: a really difficult issue for me?

Please follow the instructions hereinmentioned:

(1) Go to the court and take the information about the correct position of the case.

(2) Engage a new lawyer if you cannot count on him.

(3) If the Advocate has misbehaved you can lodge a complain with Bar Council and Consumer Court.

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Answered on 5/02/08, 2:59 am
Deepak kumar

Re: a really difficult issue for me?

The facts written by you seems to be distorted, from your mail, we cannot make out, whether the case is Writ Petition Civil or Criminal.

Ordinarily in Writ Petition, if admitted Rule is issued( Which means that case has been found fit enough for regular hearing and it will be taken for hearing with regular matter, which normally may take two three years.

It is very easy for you to visit Mumbai Court, take the help of another lawyer and obtain the certified copies of all your documents and order sheets. If after obtaining these documents, what your lawyer has been saying is correct, then let him argue the matter and pay his fees, if he is lying, then hire a new lawyer and he will file his vakalatnama.

For further details [email protected]

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Answered on 4/22/08, 12:04 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: a really difficult issue for me?

Changing the lawyer is not a problem. If possible ask for certified copies and whenever possible you can remain present in the court and verify the truth.

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Answered on 4/22/08, 6:31 am

Re: a really difficult issue for me?

I have already given reply to this query.

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Answered on 4/26/08, 2:07 am

Re: a really difficult issue for me?

I have already given reply to this query.

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Answered on 4/26/08, 2:07 am

Re: a really difficult issue for me?

I have already given reply to this query.

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Answered on 4/26/08, 2:07 am


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