advocate refused to give no objection on vakalath
Khaleel Ahmed
(Querist) 21 October 2008
This query is : Resolved
My counsel denied me to give no objection on vakalath. I filed a leave petition and requested the court to allow me as party in person.
My question is should I file vakalath nama as party in person with the petition or not. Pelease inform me immediately.
Regards
Khaleel Ahmed
ARVIND JAIN
(Expert) 21 October 2008
you can request the court to allow you to appear in person. court cant stop.
Khaleel Ahmed
(Querist) 21 October 2008
Vakalathnama is necessary to appear party in person
Murali Krishna
(Expert) 21 October 2008
You can argue your case. You can make a request to the court to allow you to appear in person as suggested by Arvind Jain.
Since it is your personal case, and as the affidavit is filed by you under your name and signature, nothing can stop you to conduct your case.
As far as vakalatnama is concerned, it is not necessary since it is a kind of power of attorney appointing an advocate to conduct the case on your brhalf. If you conduct the case personally, it is not required. However, generally, court staff does not know the distinction between the two, and keep your case pending in objections for want of vakalat. To avoid delay and arguements with the court staff, you can file a vakalat with your signature or appear before the judge and request him to allow you to conduct your case.
Kiran Kumar
(Expert) 21 October 2008
in my opinion u need not to sign vakalatnama in ur case.....since its ur personal case make an oral request to the court itlsef.
K.C.Suresh
(Expert) 21 October 2008
Refusing to give NOC to the client to engage another Advocate with out legally valid reasons is professional misconduct. You can file a petition against the Counsel before the bar Council of your state.
