Pradyot
(Querist) 24 August 2023
This query is : Resolved
I have filed Cr WRIT for Perjury in Bombay High court And has appointed an Advocate I as a complainant can i appoint Sr Council for the case? Is it only Advocate can appoint Sr Council?
This discussion explores whether a complainant can appoint a Senior Counsel for a Perjury case filed in the Bombay High Court. It clarifies that after designation, Senior Advocates typically do not file pleadings or represent clients directly. The rules under the Advocate Act and Bar Council of India are discussed, highlighting limitations on Senior Advocates filing certain applications themselves.
T. Kalaiselvan, Advocate
(Expert) 25 August 2023
After designation as senior advocate, senior counsel ceases to be counsel for the purpose of filing pleading, representing and engagement by a client. Senior advocate is not supposed to file vakalatnama of any client or any application in his own hand-writing. Designated Senior Advocate is not supposed to file Restoration Application, for dismissal of petition in default, and vakalatnama by his signature. It is not in consonance with provisions of 1961 Advocate Act and 1975 Rules of Bar Council of India. He cannot say that since earlier he was junior council, he has legal right to file restoration application in his signature along with sworn affidavit of his cIerk.
P. Venu
(Expert) 29 August 2023
What is the advice/opinion of your advocate?
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