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
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 .
Anand Shukla Legal Practitioner,Legal Consultant & Advisor
Responded 3 years ago
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
Hardik Sheth
Responded 3 years ago
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
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