Lawyer is not giving noc-urgent-urgent

While it is true that no-objection (NOC) of the existing advocate may be necessary if you want to change your advocate in a case, the Court may in any appropriate case dispense with such consent, if it deems fit to do so. Therefore, on an application being made, even in the absence of the NOC from the existing advocate, the court may allow you to change the advocate if it deems fit to do so.

 

 

You may obtain NoC after you have paid his dues. If you find any problem, you may contact the local Bar Council.

Dear experts,

 

if a person is Petitioner-in-person after snapping ties with an unscrupulous advocate, is there any requirement of NOC at all. Shall appreciate valued opinion.

 

Thanks

If you are already appearing as petitioner in person, that means that there is no advocate vakalatnama at present and the previous advocate would have been discharged from the case. Therefore, there should not be any need to take NOC from the earlier advocate.

Query repeated. the querist advised to not open different thread and repeat the same question. For your query you may visit the previous thread where you can find valuable reply.

Section 32 in THE ADVOCATES ACT, 1961

Section 32. Power of Court to permit appearances in particular cases.—Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.

 

 

By giving your signed Vokalatnama to your advocate, you are basically giving the power of council to your advocate to represent you before the court.

 

If you are appearing in-person then no need of Vokalatnama. If that corrupted lawyer is not giving NOC then also no issue If you appear in-person or you appoint another advocate by giving signed Vokalatnama.

 

The Vokalatnama is for securing you consent to give power of council to another person to represent you before the law hence the court may ask a petition of your consent in case you don't have NOC.

 

In case of in-person, no such petition is required.

 

Please read each of my posts carefully in the following links.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1