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Advocates Act

(Querist) 04 December 2008 This query is : Resolved 
An Advocate filed his Vakalatnama and defended the Applicants in Workmen's Compensation matter and the matter got dispose off subsequently. Now the Applicants wants to withdraw the compensation amount deposited by the Employer and for that purpose they have appointed another Advocate. Now the Hon'ble Court has rasied a query that the Applicants need to be identified by earlier Advocate & take his NOC. As far as my knowledge is concerned, when the matter got disposed off, the role of earlier Advocate ceases. I will be obliged if any one provide me the relevant judgments related to the same and please guide in the matter.
arunprakaash.m. (Expert) 04 December 2008
You should produce NOC from the earlier advocate then only your new advocate can follow the case.
Tribhuwan Pandey (Expert) 04 December 2008
Still the matter is in existence. These are professional ethics/conducts, you must obtain NOC from earlier advocate because from beginning to end the earlier advocate has conducted the case, why your client is not approaching his previous advocate, might be some dues/legal fee etc. pending and he is avoiding to pay. As a good professional say your client obtain NOC from his previous advocate.
Suresh Kr. Mitruka (Expert) 05 December 2008
I support the views of mr.Tribhuwan C.Pandey
smilingadvocate (Expert) 05 December 2008
Generally see from your side if you work on a case and at the time of enjoying the fruits some body comes and try to enjoy the fruits its not fare on the part of any advocate who does such work without taking NOC from the other advocate leave alone the law moral and professional ethics does not permit.

even then if you need see order 3 ofthe C.P.C
Associate R (Querist) 18 December 2008
Thanks!


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