How can I file a case against a judge in India?

How can I file a case against a judge in India?

Where and to whom to send the complaint

1. Subordinate judiciary: Send to Registrar (vigilance), District administrative judge (available from ecourts for my state)
2. HC judges: CJ of HC.
3. SC judges: CJI of SC.
4. CJ HC: sent to CJI himself(!)

Can FIR be filed against advocate?

Earlier this year, underlining that holding peaceful processions, raising slogans, would not be and cannot be an offence under India’s Constitution, the Himachal Pradesh High Court had quashed an FIR filed against an Advocate under Sections 341, 143, 147, 149, 353, 504, and 506 IPC.

Can I sue a judge?

No. Judges cannot be sued for anything they do in the course of their judicial function. Even if a judge were to deal with your case in the most appalling conceivable way, you would not be able to sue him. If something has gone wrong with your case you can appeal or complain.

What can you do if a judge is unfair in India?

In case of any grievance relating to undue delay in judgement or unfair judgement or miscarriage of justice, the petitioner is advised to resort to judicial remedy by filing appeal or any other proceedings before the appropriate Court of Law within the prescribed time limit.

What is professional misconduct of an advocate?

The term ‘Professional Misconduct’ in the simple sense means improper conduct. It means any activity or behavior of an advocate in violation of professional ethics for his selfish ends. If an act results in dispute to his profession and make him unfit of being in the profession, it amounts to ‘Professional Misconduct’.

What is the punishment of advocates for misconduct?

[5] In various cases involving contempt of court, the court held that if any advocate or legal practitioner is found guilty of the act of contempt of court, he/she may be imprisoned for six years and may be suspended from practicing as an advocate (In re Vinay Chandra Mishra).

Can you sue a judge in India?

However, the government can initiate criminal proceedings against a sitting or former judge of a superior court under sub section (2) of Section 3 of Judges (Protection) Act, 1985 if it can produce material evidence to show that a judgment was passed after taking a bribe.

How do you fight a biased judge?

What Can You Do If a Judge is Unfair?

1. Request Recusal.
2. File Appeal to Send Decision to a Higher Court.
3. File a Motion for Reconsideration.
4. File a Grievance on the Basis of Unethical Behavior.

Under what circumstances a disciplinary action can be taken against an advocate?

The following is the procedure followed (1) In exercise of powers under Section 35 contained in Chapter V entitled “conduct of advocates”, on receipt of a complaint against an advocate (or suo motu) if the State Bar Council has ‘reason to believe’ that any advocate on its roll has been guilty of “professional or other …

How do you punish an advocate?

a. Dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed. c. Suspend the advocate from practice for such periods as it may deem fit.

Where can I make a formal complaint against a lawyer in India?

A formal complaint can be made to the State Bar Council or Bar Council of India. What laws cover legal malpractice and breach of professional ethics of lawyers in India? Currently, The Advocates Act 1961 specifically deals with professional misconduct by legal practitioners in India and deals with the procedure and punishment.

Can a client sue a lawyer in India?

Yes. A client can sue their lawyer in India, if they believe that the lawyer is guilty of professional misconduct or is in contravention of professional ethics. On what grounds can the client sue the lawyer?

How does the State Bar Council of India report a case?

Where a State Bar Council makes a report, the Secretary of the State Bar Council shall send to the Secretary of the Bar Council of India, all the records of the proceedings, along with the report. An application by a person interested in the withdrawal of a proceeding shall sign the same.

Can a complaint against a judge be made inside the court?

One interesting point is that although appeals/reviews/revisions lie against orders/judgments based purely based on written records of the court, a complaint against judge may be possible due to verbal actions of the judge too inside the court hall which are way out of line with judicial propriety or standards.