original judgment Copy Not provided By the Avocate
3 months ago
original judgment Copy Not provided By the Avocate after winning the case ,payment is also done by bank but advocate is not responding for the cals , how can we get the original copy
A.Dear client,
As per the Department of justice, you may obtain the judgment copy through an online search in the state court website the case was linked to. Visit https://judgments.ecourts.gov.in to access the 'Judgement Search' section, which includes the following features: search by Bench, Case Type, Case Number, Year, Petitioner/Respondent Name, Judge Name, Act, Section, Decision: From Date To Date, and Full-Text Search. Please ensure you have all the necessary details.
Further, if you want to raise a complaint against the advocate, you can do it as per the BCI rules. As per the Bar Council of India Rules, if a complaint is made against an advocate, it should be made to the State Bar Council where the advocate is enrolled. The State Bar Council will then investigate the complaint and take appropriate action.
Thank you
As per the Department of justice, you may obtain the judgment copy through an online search in the state court website the case was linked to. Visit https://judgments.ecourts.gov.in to access the 'Judgement Search' section, which includes the following features: search by Bench, Case Type, Case Number, Year, Petitioner/Respondent Name, Judge Name, Act, Section, Decision: From Date To Date, and Full-Text Search. Please ensure you have all the necessary details.
Further, if you want to raise a complaint against the advocate, you can do it as per the BCI rules. As per the Bar Council of India Rules, if a complaint is made against an advocate, it should be made to the State Bar Council where the advocate is enrolled. The State Bar Council will then investigate the complaint and take appropriate action.
Thank you
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A.Dear Client,
The client-lawyer relationship is considered to be a fiduciary relationship and consists of the obligation of a lawyer towards his clients and vice versa. Undue Influence may lie in a fiduciary relationship where a lawyer stands in a position to dominate the will of his client and thus compel his client to pay more otherwise lawyer will hold onto the client’s court documents is considered professional misconduct and violation of principles of professional ethics and conduct and such unethical practices by lawyer is to be considered as corruption. Even on failing to give the fees to the lawyer, a lawyer does not have the right to hold the client’s court documents as held by the Supreme Court in R.D. Saxena vs. Balram Prasad Sharma (AIR 2000 SC 3039) that while it was a moral obligation and professional duty of the lawyer to return the brief when the client is required to change his counsel but also declared that not returning the file would be considered as professional misconduct on the part of erring lawyer hence it can be clearly said that lawyer cannot hold on the client court’s documents and papers for serving his ulterior motive by demanding extra or more money from the client apart from the fixed fees already paid. Lawyers and Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice. Each state has a bar association or similar organization that is empowered to discipline lawyers /attorneys. The purpose of such discipline is to prevent the misconduct from happening again so the client can complain to the bar association against such a lawyer. The client can also complain to the Bar Council of India. In the case Noratanmal Chaurasia vs. M.R. Murli the Supreme Court has held that misconduct has not been defined in the Advocates Act, 1966 but misconduct envisages a breach of discipline, although it would not be possible to lay down exhaustively as to what would constitute misconduct and indiscipline which, however, is wide enough to include wrongful omission or commission, whether done or omitted to be done intentionally or unintentionally. In the given situation, you may file a complaint with the State Bar Council against the lawyer holding the original document endorsing a copy of the complaint to the BCI for edressal of your grievance.
The client-lawyer relationship is considered to be a fiduciary relationship and consists of the obligation of a lawyer towards his clients and vice versa. Undue Influence may lie in a fiduciary relationship where a lawyer stands in a position to dominate the will of his client and thus compel his client to pay more otherwise lawyer will hold onto the client’s court documents is considered professional misconduct and violation of principles of professional ethics and conduct and such unethical practices by lawyer is to be considered as corruption. Even on failing to give the fees to the lawyer, a lawyer does not have the right to hold the client’s court documents as held by the Supreme Court in R.D. Saxena vs. Balram Prasad Sharma (AIR 2000 SC 3039) that while it was a moral obligation and professional duty of the lawyer to return the brief when the client is required to change his counsel but also declared that not returning the file would be considered as professional misconduct on the part of erring lawyer hence it can be clearly said that lawyer cannot hold on the client court’s documents and papers for serving his ulterior motive by demanding extra or more money from the client apart from the fixed fees already paid. Lawyers and Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice. Each state has a bar association or similar organization that is empowered to discipline lawyers /attorneys. The purpose of such discipline is to prevent the misconduct from happening again so the client can complain to the bar association against such a lawyer. The client can also complain to the Bar Council of India. In the case Noratanmal Chaurasia vs. M.R. Murli the Supreme Court has held that misconduct has not been defined in the Advocates Act, 1966 but misconduct envisages a breach of discipline, although it would not be possible to lay down exhaustively as to what would constitute misconduct and indiscipline which, however, is wide enough to include wrongful omission or commission, whether done or omitted to be done intentionally or unintentionally. In the given situation, you may file a complaint with the State Bar Council against the lawyer holding the original document endorsing a copy of the complaint to the BCI for edressal of your grievance.
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