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MCOP Fee - Lein (Others)

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Author : Ashey

Posted On 09 April 2009 at 11:37

What is the amount of fee the advocate appearing for the petitioner is legally entitled to in an MCOP fild in the year 2000 ( Motor Accident Cases)- Death case - if the award amount of Rs. 4,00,000 is passed in the year 2009 (amount also deposited) - Claimants are widow of the deceased, and 2 minor sons ( who are major at the time of passing the award i.e at 2009 )




Author : Ashey

Posted On 09 April 2009 at 11:43

Whether the petitioner's advocate has any right to withhold the cheque issued for the award amount in favour of the claimant by the court towards collecting his fee ?





Author : Ashey

Posted On 09 April 2009 at 11:46

whats the remedy available to the petitioner when advocate claims excessive fee (nearly 30% of the award amount) and retains the cheque issued by the court in favour of the petitioner (award amount) for payment of fee and validity period of that cheque expires (cheque validity period is only one month)?



Expert : Hiralal Das

Posted On 09 April 2009 at 17:26

The petitioner's advocate has no right to withhold the cheque issued for the award amount in favour of the claimant by the court towards collecting his fee.
What is the limitation/bar of excessive fee/advocate's claim and how it will be determined? In every matter, we see, advocate's fee determined mutually by client and advocate. I think, there is no rate chart of advocate's fee. Expired of cheque validity period is separate thing, in this ground advate may request the client to reissue the cheque of the same amount, etc.



Expert : sanjay singh thakur

Posted On 09 April 2009 at 19:48

Dear Ashey
So far private client's cases are concerned fees of Advocate depends on agreed amount between the client and his Adocate. Advocate's fees are fixed only when matters pertains to any Institution where fees of Panel Advocate is fixed.
Regards.



Expert : M. PIRAVI PERUMAL

Posted On 09 April 2009 at 19:57

I agree with the views.



Author : Ashey

Posted On 10 April 2009 at 10:21

what is the procedure to get the cheque from the advocate?



Author : Ashey

Posted On 10 April 2009 at 10:23

when there is no agreement between the client and the advocate or fails to reach an agreement , what is the procedure to be adopted for fixing the fee ?



Author : Ashey

Posted On 10 April 2009 at 10:32

Mr. Harilal Das .. expired cheque is the cheque issued by the court ( award amount ) in favour of the petitioner.




Author : Ashey

Posted On 10 April 2009 at 10:33

what actions can be taken against the petitioner's advocate to receive back the cheque?



Expert : Srinivas.B.S.S.T

Posted On 10 April 2009 at 12:53

represent the entire issue to the concerned court. Seek permission of the court to re validate the cheque date



Author : Ashey

Posted On 10 April 2009 at 14:35

Mr. Srinivas .. we don't have the cheque with us to revalidate it ...its with the possession of the petitioner's counsel



Expert : A V Vishal

Posted On 13 April 2009 at 00:20

http://www.hinduonnet.com/thehindu/2000/08/28/stories/0228000n.htm



Expert : A V Vishal

Posted On 30 April 2009 at 04:28

No other views?



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