I have a case in the state of Gujarat at local district level and also at high court level, can I hire lawyers from anywhere in India to handle these cases? Do they have to be certified in some way to handle cases as district level and high court level.
I have just discovered that the district level case is one that has been corrupted at all levels. What are my options? Can I move this case out of that district's jurisdiction and into another? What proof/evidence do I need in order to do that? What is the process?
The above are serious questions and would appreciate replies from ppl who are lawyers or those who know the Indian legal system well or have been through similar situation. Thank you.
2007-03-31 04:05:33 · 3 answers · asked by jon l 2 in Politics & Government ➔ Law & Ethics
Yes you can get the jurisdiction of any case changed from one district to another or from one state to another but in both the cases you should have some evidence or circumstances on record to satisfy the high court in the former & the Supreme Court in the latter to change the jurisdiction. As far as appearing of any advocate in your case is concerned, in India to practice as an Advocate a law graduate has to get registered with the bar council of India through it branch in any of the state, since a person registered with any state bar council such a person has recognition in all other states too & can appear as you counsel in any state or district in India.
2007-03-31 15:28:00 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
To transfer to another distt. court in the same state, move a transfer petition at the Guj High Court. You will need to show prima facie that you will not receive justice at the existing court. Transfer out of state is difficult. SC does not permit except in extenuating circumstances. Recently the SC did not allow transfer of Pandhers case (Nithari) out of Ghaziabad even though he was attacked by lawyers. Look up the SC judgment in Shankaracharyas case, I think it is Jayendra Saraswati vs St. of TN to see if it could be applicable to you. There may be other judgments as well. Good luck. PS: Most lawyers will be out to fleece you. Do not believe that they have the clients interest at heart.
2007-04-03 12:04:43 · answer #2 · answered by ? 4 · 0⤊ 0⤋
In India legal process goes on for years. So better settle the issue with oppositon party. Still if u r not able to settle amicably u take help of from the place where ur case is going on. Better to go to Lok adalath or Fast track adalath for fast disposal. Good luck Yaar.
2007-04-02 08:11:32 · answer #3 · answered by dhruvinterprises 2 · 0⤊ 0⤋