Upgrad LLM

advocate's noc not required !!!

Proprietor

Advocate demanding exorbitant fees ?

Advocate not present for the hearing ?

Advocate going on with frequent adjournments without consulting you ?

Advocate mis-behaving with you/ your wife/ family ?

Advocate harming your genuine interests and working against you ?

Advocate hand-in-glove with opponent's advocate ?

Advocate demanding more money to issue you the NOC ?

Advocate spoiling your case ?

For what-so-ever reason, are you dis-satisfied with your advocate ?  

Then without even assigning the reason, you can plainly appoint another advocate.

It is your legal right. It is an ABSOLUTE RIGHT and NOT CONDITIONAL.  

This recent judgement, less than 18 months ago, by the Honourable High Court of Karnataka, re-inforced just the same, as guaranteed to you by the Honourable Constitution - Your legal right to be represented by an advocate of your choice.  

Your advocate's NOC is NOT required.

But what if your advocate refuses to return your file/brief ?

This judgement attached, addresses that situation too. It is a beautiful judgement. ____________________________________________________________________________________________________________ MFA No.6526/2013 -1- IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER 2016 PRESENT THE HON’BLE MR. JUSTICE H.G.RAMESH AND THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA MISCELLANEOUS FIRST APPEAL NO.6526/2013 (LAC) O R D E R H.G.RAMESH, J.: 1. Whether vakalatnama filed by a new advocate is to be accepted in the absence of ‘no objection’ of the advocate already on record, is the short question for consideration in this case. ________________________________________________________________________________________________________________

What if your advocate says you have not paid him his fees ?  

The court says to the advocate " for that, you follow the due procedure of law, by filing a recovery suit against your client ".  

Now, if your advocate has received even one rupee from his/her client and it is evidenced by a receipt/acknowledgement/online transfer's bank statement, the client can prove his/her intention of service after paying fees for which partial-receipt was issued by the advocate.  

Now, if your advocate has not received even one rupee from his/her client, then a suit itself cannot be filed against his/her client since if the advocate says client has not paid, client can say that he/she has paid.  

What if you want to dis-engage your advocate and argue the matter by yourself, party in person ?  

Well, just a simple affidavit mentioning the fact that for your case number "xxx", you have dis-engaged your advocate's services and are arguing the matter by yourself, party in person and in the future you may even appoint an advocate to represent you.  

Add the verification-affidavit to this and submit it in the open court and with a copy to the registry. You are on your own. Your advocate would not even know that you have dis-engaged him/her.  

So, to summarize, the judiciary is undergoing a silent churn and many are hopeful that the purity and sanctity of the profession would eventually return.  

The word ' many ' here refers to the advocates who themselves are unhappy with the wrong elements having entered the profession, since, no matter what we complain about, the fact remains that many advocates are of the normal family-type and go about their profession as any other person.  

But the talk in Bangalore among seniors is that they themselves find many of the advocates enrolled after the year 2002, a big source of professional risk to the institution.  

I do not know whether this is true or false, but I am observing many advocates expressing dis-pleasure over erosion of ethics, in the profession.  

This judgement is very useful, especially to those who have been victimized by the unethical advocates.  

Society is fast changing and the profession too is witnessing lot of positivity.
 



Attached File : 273530 20180117023746 noc not req.pdf downloaded 464 times

Total likes : 1 times

 
Reply   
 

Your posts are always excellent.


Total likes : 1 times

 
Reply   
 



very nice and thougtful post.

can you also share some insight on how to deal with matters of cases dragged with friovlous appeals especially in cases of land grabbing. what can a cmmon person like me do when such harassment are being caused? while appeal is a matter of right as claimed by many advocates, but there is also some section of advocats who tend to advise a approach and use t to harass the decree holders and allow the grabber to stay in possession.

 

 
Reply   
 
FIN

Thanks for sharing in the Forum.


Total likes : 1 times

 
Reply   
 
Proprietor

Appeal as rightly conveyed to you, is a legal right.

You can file a cross-appeal.

If indeed your opponent is a mischievous criminal, You may even submit a prayer to the court citing malafide intentions of your opponent and that

he/she is ABUSING THE PROCESS OF LAW AND THE COURTS and creating an atmosphere of GROSS INJUSTICE to you and thereby you pray that

your prayer be heard on an URGENCY basis and the opponent's appeal be forthwith REJECTED and  EXEMPLARY COSTS BE IMPOSED on your opponent.

But this is a double-edged sword. If your opponent has a genuine ground for appeal, then it may turn against you since you could be charged with interfering with your opponent's legal right to appeal.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x