Dear Hariraj
Thanks for your valuable and honest post. I do hope that our members appreciate what you have written and follow your sage counsel.
I would like to add a few points to this.
1) Advocates, especially the good ones, are very busy. Therefore it is upto the clients to keep track of their cases and dates, to keep abreast of the (changing) facts to brief the advocates.
2) While dealing with advocates it is best for the clients keep their egos and grievances to themselves, and simply concentrate on utilising the provisions / processes of law to derive advantage.
3) Clients should always be conscious that an advocate has to appear repeatedly before the same judge. He is therefore constrained not to go as far out as the clients would like them to.
4) No advocate likes having to explain the law, as (mis)understood by their clients to a judge.
5) Even with the best of advocates, nobody can predict the outcome or the time period to decide cases. Clients must be patient - 'tariik pe tariik pe tariik'.
6) When all else fails, hire a FIXER not an advocate. Sometimes it is difficult to tell the difference, mostly they are well known.
7) Stay as far away from courts and legal processes if you value your sanity.
Sarbajit
--- In rti_india@yahoogroups.com, "Hariraj M.R." <harirajmr@...> wrote:
>
> 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
>
>
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