Re: [rti_india] No need to appoint advocate to argue your own case

Saturday, August 28, 2010

Re: [rti_india] No need to appoint advocate to argue your own case

Dear Sirs,

I am not attempting to justify any action of any one here. I also am not lax to agree that some lawyers and judges do not do their work. (Nor am I to boast that I am very different from them - My claim is only that I try my best, which one can never say is sufficient.)

But I am pointing this out only to understand myself what exactly happened in Sri Shah's case.

I filed Rectification of order BY AN APPEAL . But at that time the same Judge WHO TOOK UP THE MATTER AND PASSED THE ORDER took up the matter after 15 YEARS !!!!
An appeal and a rectification (review) are totally different procedures. If a review petition was filed, it ought to be placed before the same judge. If it is an appeal, it will never be posted before the same judge. If it was an appeal and same judge heard it, it is totally improper. if I was the lawyer appearing for you and your appeal was listed before the judge who pronounced the order appealed against, I would have defenitely requested the judge to rescue himself from the case because he cannot here it. But a review is a totally different aspect. A review is always listed before the same bench. This is provided in the rules. If one - be a lawyer or others- read the rule - he would have defenitely found the provision. I think we are here referring to an illadviced review.

Could you tell us, when was the first judgment pronounced? When was the review(rectification) filed? When was it listed for final hearing and decided?

Without going through the application just wirte down the words sadi by Advocate only. !!!!!!!!!!!!!!
God save us.

Advocates, - I am referring to good ones here - are professionally trained. I always felt that a person presenting his own case is like a patient treating himself without medical advice. We all do that once in a way.. dont we. Have a fever, take a paracetamol. Have a cold. Go for a Wikoril. Have gas trouble? go for a gelucil - (puthinhara is my favourate). It works most of the time. But may be there are some times we do not fare well as doctors. So with lawyers. Some times, I have marvelled some parties-in-person appearing and argueing cases with considerable scholorships. I have also helped some to persent the case by themselves. But, they are special cases.. and at times lucky cases. But refusing professional help at times can be really dangerous to you.

No one compels one to take a lawyer. One is always free to take one or go argue the case himself.

But if you are going for a lawyer, go for a good one. One who does not let you down. One who gives his maximum to the case. (can we claim more- I think no - All what one can do is to try his best - rest is with certain powers much beyond our control - not judges - much higher).

As for judges, We do not have much of a choice do we? There are judges who are very studious. There are real lazy ones too. Some of them read every page and every word in pleadings. Some do not. Some know law... and with great respect, some don't. Worst is... some judges who do not know law - accepts that fact and tries to learn - some others refuse even that. Indeed. GOD SAVE US in such cases. But I feel if you went and chose a wrong lawyer - Even GOD cannot save you.

HARI

On 28 August 2010 11:48, Dipak Shah <djshah1944@yahoo.com> wrote:

some correction IN CAPITAL LETTERS AND DARK AND UNDER LINE.

From: Dipak Shah <djshah1944@yahoo.com>
To: rti_india@yahoogroups.com

Cc: kapoorsatish@yahoo.com
Sent: Fri, 27 August, 2010 11:10:08 PM

Subject: Re: [rti_india] No need to appoint advocate to argue your own case

Dear Mr Kapoor,

Ur first point is totally correct. I filed Rectification of order BY AN APPEAL . But at that time the same Judge WHO TOOK UP THE MATTER AND PASSED THE ORDER took up the matter after 15 YEARS !!!!. Apologise for the same. Does not have power to rectify the same. But said only to go to Hon.Supreme Court of India. I pointed out the fact having written in my application Before Criminal court. I also wrote in my appeal application that He showed his hand to sit down by showing his hand!!!!!!!!!!!!!?????.Without going through the application just wirte down the words sadi by Advocate only. !!!!!!!!!!!!!!
God save us.

Regards,

C A Shah D J
USA

From: Satish Kumar Kapoor <kapoorsatish@yahoo.com>
To: rti_india@yahoogroups.com
Sent: Fri, 27 August, 2010 10:12:30 PM
Subject: Re: [rti_india] No need to appoint advocate to argue your own case

Yes, in India it is possible that Judges ignore your pleadings to favour other party OR even go to extent of writing pleadings, you never spoke.

S.K.Kapoor

From: Dipak Shah <djshah1944@yahoo.com>
To: rti_india@yahoogroups.com
Sent: Fri, August 27, 2010 8:23:09 PM
Subject: Re: [rti_india] No need to appoint advocate to argue your own case

I have other experience. Judge immediately goes to giving Judgments without referring whole case!????
C A Shah D J
USA

From: kamal <peoplefortransparency@yahoo.com>
To: rti_india@yahoogroups.com
Sent: Fri, 27 August, 2010 7:11:43 AM
Subject: RE: [rti_india] No need to appoint advocate to argue your own case

Good going sir

From: LESLIE ALMEIDA <lesals2000@yahoo.com>
Sent: 27 August 2010 18:23
To: rti_india@yahoogroups.com
Subject: [rti_india] No need to appoint advocate to argue your own case

u/s 32 of the Advocates act one need not be represented by a lawyer, one can argue his/her case

many citizens are fighting their own cases however they make study on the subject matter, search enging like google and bing are very useful, I fought a case on my own against two opposite lawyers and won

this gave me a boost to my morale.

lawyers have no time to make case studies/judgements, they pratice in court and then in the evening attend to clients? good money, no time to learn things.as of date there are very few trusted lawyers

the fees are absorbedent and sometimes if the opposite party have money power they are brought over due to greed and they will sell u for a song. written without prejudice as they are some good lawyers who cannot be brought.as of date i am fighting another appeal case on my own strength.

i had a bitter experience regarding property matter to send a legal notice he said Rs 1000

plus expenses postage charges etc, i just needed a "will" from a party who was not parting with same after receiving it he demands Rs 5000 as fees utter blackmail, i did not pay him .told him to keep it under his pillow and sleep over it. got it through through other source.

Mr Leslie Almeida

Mumbai
,

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