Change of lawyer

Querist : Anonymous (Querist) 17 December 2011 This query is : Resolved
under what provision of cpc or crpc advocate can be changed when one advocate give NOC

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Shailesh Kumar Shah (Expert) 17 December 2011
Here BCI Rules applies, which says that:-

"An advocate shall not enter appearance in any case in which there is already a vakalat or memo of appearance filed by an advocate engaged for a party except with his consent; in case such consent is not produced he shall apply to the Court stating reasons why the said consent could not be produced and he shall appear only after obtaining the permission of the Court."

Nadeem Qureshi (Expert) 17 December 2011
Mr. Shailesh is right

Sankaranarayanan (Expert) 17 December 2011
Well said by mr shah

Guest (Expert) 17 December 2011
The criminal and civil rules of practice framed by concerend highcourts is governed for this procedure apart from above.

Shonee Kapoor (Expert) 17 December 2011
Agreed with Mr. Shah.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

V R SHROFF (Expert) 18 December 2011
For Civil Matter , NOC is necessary, except in circumstances that convince the court [Like whereabouts of Advocate is not known, or had gone out of country or any other reason that court accept]

In Criminal matter NOC is not necessary for accused.

Devajyoti Barman (Expert) 18 December 2011
Yes the advices are right.

Advocate. Arunagiri (Expert) 18 December 2011
I fully agree with Mr.shah.

Guest (Expert) 18 December 2011
Agreed with S/Shri Shah and Shroff.

Raj Kumar Makkad (Expert) 18 December 2011
There is no provision either in Civil Procedure Code or Criminal Procedure Code to deal with the engagement or replacement of the Advocate/lawyer by a litigant because the same is covered under special Advocates Act, 1961. Moreover, High Courts also frame certain rules qua the subject under discussion to be implemented in their area courts.

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