witness--signature

munshilal (Querist) 23 April 2019 This query is : Resolved
It has been found that the Lawyer who drafted the MoU (non registered) of family settlement has also signed as one of the witness--
-is this excepted in law?

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Guest (Expert) 23 April 2019
Rule 13 of chapter 2nd of part 4 of the BCI Rules under the Advocates Act 1961 specifically states that Advocate should not appear in the case where he has reasons to be a witness.

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Guest (Expert) 23 April 2019
The same Advocate drafting the Mou and signing as Witness is not objectionable

munshilal (Querist) 23 April 2019
Dear Narasimha-- as per you a Advocate drafting the MoU & signing as witness is not objectionable-point noted-
-but -is there a supporting Rule as per the Advocates Act, to your statement-this would make matters clear?

Guest (Expert) 23 April 2019
Professional Misconduct under Section 35 of the Advocates Act 1961 confirms that Advocate who could be an Witness in the Case ( for eg signing as Witness in any document ) should not appear as Advocate in that particular case where the document signed by him as witness is involved please

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Dr J C Vashista (Expert) 24 April 2019
Well advised by expert Mr. Narasimha.

P. Venu (Expert) 24 April 2019
Yes, it is only that the advocate who has signed as witness should not appear as advocate in any legal proceeding involving the same document.

Guest (Expert) 24 April 2019
Thanks to Advocates Dr.J.C. Vashista and Mr.P.Venu

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