Proceedings by Advocate without authority
S.D. Singh
(Querist) 30 August 2010
This query is : Resolved
In some criminal proceedings , Mr. A wanted to move to High Court for proceedings stay against charge sheet . He discussed the matter with an advocate, paid some amount and provided him the papers. He also said to advocate to discusss the papers before submitting the papers and then he will sign the Vakalat nama/ Power of attorney. But the advocate filed the petition to High court without discussing with Mr. A and also without Power of attorney / Vakalat Nama. The pertion was rejected by the High Court. Now please advise how the order of the High Court is binding on Mr. A. Whether now Mr. A can file the fresh petition through another advocate without disclosing the filing of first petition , which he never authorised advocate to file.
Devajyoti Barman
(Expert) 30 August 2010
Without filing any vocalatna the case at the first place is not supposed to be filed. In any case since it is already filed, the presumption is that it was drafted as per his instructions. He should rather file SLP on this ground than filing a fresh case.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 August 2010
Do not do the mistake of not disclosing that earlier case was dismissed.
It can not be presumed that the advocate who filed the case without vakalatnama was not instructed by you.
R.Ranganathan
(Expert) 01 September 2010
It is not understood how the advocate has filed the case without vakalatnama. Something is missing in your query. It seems you have not disclosed the entire transactions between you and the advocate.
