Motor accident Motor accident

3 years ago

Mr. X (his wife,& 3 friends) car and Mr. Y(carrying 12 members) auto had an accident. At the time of accident, mr. X (remaining people left)was only one there at the accident spot ,he was in a shock after the incident. The accident took place on an agency highway, so 20 people gathered and threatened mr. X that they will beat him till his death. They took mr. X to a lawyer, dt mr. X will get those injured persons (2 mem, nothing serious, just minor injuries, gets well in a week)get treated and will repair the damaged auto., In dt case they don't go to police station. The lawyer and the remaining persons threatened and frightened mr. X and they forcefully signed into an agreement(a4 sheet, no stamp paper). They demanded that mr. X should take them to a private hospital . Mr. X did al the treatment and they discharged. Now the problem is one of the patient filed a case against Mr. X in police station and FIR filed. Now mr. Y is asking money for the damaged auto. And the lawyer of mr. Y is threatening that he will file a cheating case if mr. X don't give money to mr. Y.
My ques: 1) can a lawyer threaten mr. X like this? He also threatened mr. X and forcefully signed an agreement on A4 sheet paper at the tym of accident.

Adv. Sarika Khude

Responded 3 years ago

A.Any signatures taken in force or cohesion is not valid as it is done forcefully.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Simi Paul

Responded 3 years ago

View All Answers
A.Hello sir,
It seems the entire thing done, with Mr. X is quite illegal. Signature or consent obtained forcefully is an offence. Mr. X can prove his innocence by filing a case, and before the appropriate authority.
It would be suggested that Mr X should immediately consult an advocate and handover the matter to avoid further Mishappenings.
And lastly a good lawyer never ever threatens or harass any innocent, without proper proof against him or her. That is beyond ethics .
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anand Shukla Legal Practitioner,Legal Consultant & Advisor

Responded 3 years ago

A.Dear Sir/Madam
Any signatures taken in force or cohesion is not valid as it is done forcefully. A good lawyer would never threaten outside but would rather make submissions infront of the court
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Hardik Sheth

Responded 3 years ago

A.Dear client,

First of all such cases fall into the category of MACP cases and criminal cases can't be filed against Mr. X by Mr. Y or his advocate.

You (Mr.X) can file claim case against Mr. Y by hiring an advocate and get the compensation for the loss suffered by you.

Kindly feel free to contact me for any further needs and I shall help you out.

I hope you have got a satisfactory result and kindly rate me appropriate stars.

Thank you
Adv. Hardik Sheth
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconLost money from Escort fraud
Dear Client, Human trafficking is a criminal offense and those who are involved in the crime are considered criminal under law and are punished with rigorous imprisonment for a term which shall not be...
question iconFirst time drink and drive what would be probable penalty
Dear Client, According to Section 185 of the Motor Vehicles Act, 1988 driving under the influence of drugs or alcohol is a criminal offense. The first offense is punishable with imprisonment of up to...
question iconI want to file case against my boyfriend
Dear Client, You can file a case under sec 376 of IPC for sexual harassment along with sec 375 and 416 and 420 for cheating. Additionally you can also file a case under sec 305 and 306 for abetment t...
question iconFree lawyer for fight the case
Dear Client, Every person who has to file or defend a case shall be entitled to free legal services under Section 12 of the Legal Services Authority Act, 1987 if the person meets the criteria as outli...
question icon376 2(n) service report of notice
Dear Client, It depends on what service report it is and what kind of case the court is handling. a service report is usually provided when it is summoned by the court. the court can not send any kin...