COMPLAINT AGAINST LAWYER OR ADVOCATE BY ATUR CHATUR
[EMAIL: aturchatur@yahoo.com ]
Terms & Conditions & Disclaimer at http://www.aturchatur.com applies to this current page and and also to the above site http://www.complaintagainstlawyeradvocate.blogspot.com in entirety.
Below is the personal opinion of the blog writer only and not a legal opinion, legal advise etc.
The story of a client is being listed here for your kind perusal as follows:-
ATUR CHATUR suggested a client (harassed husband) to file "Proxy Counsel Fraud" against a family court judge if he feels like because the FCJ allowed a Proxy Counsel to appear on behalf of the husband in the maintenance case filed by his wife. And this Proxy Counsel was never sent by the husband. That was just an unethical trick played by the wife or her counsel to move the case ahead (exparte) against the husband and to file execution against the husband to put the husband behind the bars or to put the husband in great financial hardships because once a maintenance order is passed against a husband then the husband needs to deposit 50% amount in court in order to challenge such false or unethical or perjurous order.
It is worthwhile to mention here that, this wife claimed her husband's to be 45,000 before Supreme Court of India but while filing Maintenance she claimed her husband's income to be 3,00,000. Hence, even if she succeeded in getting Maintenance order of Rs. 90,000 per month then her husband needs to pay 50% i.e., Rs. 45,000 per month as maintenance to his wife just to challenge. SO THERE WERE SEVERAL UNETHICAL PRACTICES GOING ON.
This husband was suggested by atur chatur to NOT to send any lawyer but just to send an UNETHICAL PRACTICES & CHANGE OF ADDRESS representation to the court but husband did NOT followed that. He sent a lawyer in the court in Kerala. Husband is from Hyderabad. It is pertinent to mention here that, Wife's Maintenance got dismissed in May 2017 and wife filed Restoration citing that she was unable to come due to bla bla reasons and wife did NOT sent NOTICE OF APPEARANCE to husband at his current address and this wife very well knew the current address of the husband.
Just see how this lawyer connived with the Opp party and sent such an email to the husband as follows:-
Dear Mr.Mathews
Good day to you
As
you are well aware our understanding was to appear for you if any
submissions are made against you " that you are deliberately avoiding
the service of notice and that you should be set exparte as you have
served the notice in your address or your name called to set you
exparte
But
in court nothing like this happened. So normally it would have
adjourned asking the petitioner to pay fresh Batta in your correct
address. Only when the proceedings received in the evening i came to
know that the case is posted for filing counter and hearing. This is a
mistake committed by the court. When the case was called two
advocates were represented for the petitioner. Unfortunately court
presumed one is for you.
We can deal it in two ways
1) We can appear and file counter
2)
We can ask some more time for filing counter stating your illness.
In that case you have to produce documents supporting your illness.
3)
Just go on as the notice is not served upon you. Let the court make
its decisions without hearing you. So that will be sufficient
ground to set aside the order. When you get notice of any proceedings
of the court at that time only appear and file petition to set aside
any order made behind your back.
its upto you to make any of the above choice. Please take advise of some other counsel also.
Thanking you
With regards
Just see how this lawyer made a fool of the husband. He has written, "you are deliberately avoiding the service of notice"
By saying this, this lawyer has through email record, taken the proof regarding the husband himself deliberately avoiding serving of notice. So, even if the order is passed against the husband he can not say that he has no idea about the court proceedings because that lawyer can connive with opp party and give that email evidence to the opp party. And this email evidence will very well proof that the husband has been deliberately avoiding service of summons. Two law points or two maxims under law are worth noting here viz.,
(a) refusal to accept notice is as good as served, and
(b) ignorance of law is no excuse
Further, this lawyer protected the judge from "proxy counsel fraud"done by that judge on earlier occasion. He has written "This is a mistake committed by the court. When the case was called two advocates were represented for the petitioner. Unfortunately court presumed one is for you."
By saying that, this lawyer protected the judge from proxy counsel fraud.
But aturchatur can here also help the husband because this is yet again proxy counsel fraud and not just mistake because:-
(a) there is no counsel appointed by client
(b) there is no vakalath signed by the husband
(c) proxy counsel is a term NOT there in the advocates act or in the supreme court act either.
Anyways, that is a separate matter, but by bringing that on email record with husband, that lawyer made a strong evidence against husband because the husband now knows about the court proceedings.
Furthermore, the lawyer trapped the husband by moving the court proceedings against him and by telling lies to the husband. He has written, "Only when the proceedings received in the evening i came to know that the case is posted for filing counter and hearing".
This lawyer or advocate lied before the client in several ways:-
(a) how he came to know about the proceedings in the evening when he is not the appointed lawyer.
(b) how is that possible that despite he himself sitting in the court didn't get information about court proceedings and came to know about that in the evening
(c) this is a family court where even the lawyer needs to be appointed on vakalath then how can he receive court proceedings legally from judge without that vakalath. There is a procedure called "FILE INSPECTION" and that can be done either by party-in-person or by appointed lawyer. No one else is allowed to access such court proceedings of a family court.
Husband id trapped also because:-
(a) He has informed client through email that next date is fixed for filing counter and hearing.
So, now the husband can NOT claim that he didn't received notice because this email evidence proves that the husband had full knowledge of the court proceedings.
Now, this lawyer protected himself also. He protected himself from action by BAR COUNCIL OF INDIA by saying some words. He has written, "its upto you to make any of the above choice. Please take advise of some other counsel also."
So, now the lawyer has shifted the burden on the client. He has suggested him to take the help from other counsel also i.e., he has relieved himself from the unethical practices by putting all the blame on the husband and he has also taken out entry through those lines written in the email.
Just see friends, how a lawyer or advocate can trap you even if you are innocent so it is advisable to fight these false cases yourself by keeping full faith in your wordings. Because if any false 498a, false crpc 125 or false dv or false caw or false fir has been filed against you then you need to fight yourself party-in-person without relying on anyone else.
Mahatma Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK, THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
All the above is my personal opinion
Terms & Conditions & Disclaimer at http://www.aturchatur.com applies to this above writings in toto word by word.
