Vakalatnama
Guest
(Querist) 15 June 2013
This query is : Resolved
Respected Experts
Please tell the name of any commentary/bare act, which is related to Vakalatnama.
Or
Any relevant document giving instructions regarding the precautions for the advocate before filing the Vakalatnama in court of law.
prabhakar singh
(Expert) 15 June 2013
I never saw any commentary book on vakalatnama nor does any advocate need it.
It is a power of authorization signed by client to appear and act on his behalf to CONDUCT(conduct here cannots all that is needful) a case pending in a court.
One may understand it as a kind of power of attorney that a person can confer upon only one who is an advocate .
Two major precautions i would advise:
1.Be sure about the identity of person conferring you signing power called vakalatnama.Preferably get it signed by witnesses too.
It was not so needed in past,but present suggests,it may be used as future safeguard.
2.When you are assigned a second hand brief
always take no objection from previous lawyer.
A rule that majority of people at bar in my district do not practice.
But my experience at this LCI suggests every lawyer should adhere to it.
Advocate M.Bhadra
(Expert) 15 June 2013
A COMMENT form helplinelaw:--
A Vakalatnama is not defined either in the Powers-of Attorney Act, 1882 or in the Civil Procedure Code, 1908. A Vakalatnama is the document empowering a lawyer to act for and on behalf of his client.
A Vakalatnama under which a lawyer is empowered to act may be general. It may specifically confer wide authority upon a lawyer. A lawyer holding a Vakalatnama can hardly be said to be a person without authority. The rule of construction of a document appointing an agent is different from that of construing a Vakalatnama appointing a counsel. He has a tripartite relationship, one with the public, another with include one or two of these his client. A Vakalatnama is in essence a power of attorney.
The Code of Civil procedure requires the appointment of a counsel to act in court by a document in writing. When a counsel is appointed under a document, the enumeration of certain powers in it would not exclude the implied powers necessarily inherent in the appointment, however exhaustive the enumeration of the powers necessary for the proper discharge of the work of counsel in court.
With regard to litigation in civil court the Code of Civil procedure provides that appearances may be by recognized agents or by pleaders appearing, applying or acting on its behalf.
It further says that no pleader shall act for any person in court unless he has been appointed for the purpose by such person by a document in writing.
prabhakar singh
(Expert) 15 June 2013
I do not prefer to write pages where a sentence is more than a book.
Is 'helplinelaw' is an authority over me/us.
Shantilal Pandya
(Expert) 15 June 2013
The query is well replied by Mr. Prabhakarsinghji and Mr M. Bhadra I would add that the vakalatnama should also conform to the law of contract and more, in certain contingencies a duly appointed advocate has implied power to act beyond the power granted under the instrument provided that it is in the best interest of the client and is not expressly prohibited by the terms of the instrument of the vakalatnama .
prabhakar singh
(Expert) 15 June 2013
Mr.Shantilal Pandya IS very much right.
All upon which two or more people agree must always be in accordance with provisions of Indian Contract Act.
prabhakar singh
(Expert) 15 June 2013
Thanks a lot To Dhingra ji for his appreciation.
Guest
(Expert) 15 June 2013
Prabhakar ji,
You are welcome. My appreciation is always for right people for right cause.
Shantilal Pandya
(Expert) 15 June 2013
Thanks to Mr. Prabhakarsinghji for his appreciation
prabhakar singh
(Expert) 15 June 2013
Most welcome you are Mr.Shantilal Pandya!
Guest
(Querist) 15 June 2013
Thanks for their valuable advise to all the respected experts.
Guest
(Expert) 15 June 2013
You are welcome, Yogesh.
Raj Kumar Makkad
(Expert) 15 June 2013
After reading a session of thanks and reciprocal thanks, I do agree with the advice of the experts.
Dr J C Vashista
(Expert) 21 June 2013
Nothing more to add since the issue has been deliberated threadbare, thanks to experts.
V R SHROFF
(Expert) 29 September 2013
After reading a session of thanks and reciprocal thanks, I do agree with the advice of the experts.
