Right of the lawer to fight a case
Aditya
(Querist) 26 October 2012
This query is : Resolved
Hello,
I wanted to know if a lawer from Ghaziabad can fight a case in Bareilly (where the case has been filed against me under CrPc).
If so, what are the implications and limitations.
Arvind Singh Chauhan
(Expert) 26 October 2012
It is advised to hire a lawyer at bareilly, otherwise it will be impossible to attend every date at bareilly.
For pleading at bareilly, lawyer have to take membership of Bareilly Bar association. Which requires only some formalities.
R.K Nanda
(Expert) 26 October 2012
no,he cannot fight at barelly.
V R SHROFF
(Expert) 26 October 2012
Though it is directed that Advocate enrolled can fight at any court in India, Few Bar Association insist their Advocate must jointly;y fie VP.
Most of the states / courts allow any Advocate to appear. Only few of them have restriction. e.g. A Delhi Advocate , just few KM away from Gurgaon is not allowed to file VP. unless he file it jointly with local advocate.
I failed to understand, how Pvt registered Bar Association rules the Court procedure??
Parties have choice to engage any Advocate of India.
Surender Kumar Sharma
(Expert) 26 October 2012
I agreed with respected VR Shroff Sir , according to Advocate Act an Advocate can pleads in any court of India, He just only to get the benefit of that bar or council of that state can transfer his enrollment for his present state to another state bar council, but no bar association can stop him to practice in any court. Bar must think it broadly.
H.M.Patnaik
(Expert) 27 October 2012
The matter may be brought to the notice of Bar Council of India with request to issue necessary guideline in this regard in the interest of justice.
Raj Kumar Makkad
(Expert) 27 October 2012
Any Advocate from any part of India can appear as an Advocate in an Court and can contest any case except Supreme court of India wherein there are restrictions. There is no restriction at Gurgaon to get the appearance of Delhi lawyers. I also do appear there. Many lawyers from Delhi, Agra, Jaipur, Chandigarh and many other places do practice at Gurgaon and do attend Courts without having engaged any local alwyer with them.
Aditya
(Querist) 28 October 2012
Thank you all very much to elaborate extensively on the issue.
Thanks to you all, I am now able to understand the theoretical and practical aspect of this; and in a much better position to take a decision.
Regards.
