Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Guest)

Can a Delhi lawyer argue in Ghaziabad?

My divorce case and visitation rights application for kids is pending in Ghaziabad district court. My lawyer is not a member of bar council of Ghaziabad. Hence she used a VAKALATNAMA of a local Ghaziabad lawyer. But yesterday in the court, Judge refused her to argue in this case and said to talk to the local lawyer. Will I have to change the lawyer? If possible please give me some references of good lawyers in Ghaziabad.



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 13 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     08 April 2011

ANY ADVOCATE CAN ARGUE IN ANY INDIAN COURTS, NO NEED TO HAVE LOCAL BAR  LAWYER. FOR ARGUMENTS NO VAKALATAMA ALSO REQUIRED. CONSENT FROM PETITIONER/ADVOCATE ALREDY IN VAKALAT.

Tajobsindia (Senior Partner )     08 April 2011

@ Ld. Reddy garu

Vakalatnama is required in first appearance in cases though and probably the author is raising que. seeing a Delhi lawyer representing respondent side and or even if it is his own case then also Vakalatnama is required is polite my view !

Tajobsindia (Senior Partner )     08 April 2011

Extremely sorry of making a hasty reply without reading down authors que.


Your briefs are right. Out station Lawyers need to use local Bar Councils Vakalatnama inspite of havign in file their Vakalatnama.

LCI have list of ld. Adv. practicing in asked Court kindly refer ot the list and directly contact them if required.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     08 April 2011

THIS RESTRICTION IS ONLY FOR OTHER STATE BAR COUNCILS, I HOPE  WHEN OTHER STATE BAR MEMBER WANTS VAKALATANAMA, HE HAS TO JOIN WITH LOCAL STATE BAR MEMBER. NO RESTRICTIONS TO AUGUE MATTER BY OTHER STATE BARS. 

Kirti Kar Tripathi (lawyer)     08 April 2011

Advocate Act specifically empowered t an enrolled advocate  to appear, participate and argue in any court in India right from tehsil court to Supreme Court. .

Ravikant Soni (LAWYER IN JAIPUR)     08 April 2011

sure.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     09 April 2011

I am also of the view that any Advocate can appear/plead/ argue in any Court in India.   However, let us await more responses from learned experts.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 April 2011

Only in some states like Maharashtra there is restriction that you have to take a local advocate otherwise mo restrisction of any type any where in India.

Arup (UNEMPLOYED)     09 April 2011

Will I have to change the lawyer?

---  Not necessary, until she refused.

it is the internal matter of the bar.

all india system can not be overruled by  a state bar council.

let your advocate to try with local bar. perhaps they require a local membership fees. it will be a nominal amount.


(Guest)

A Delhi based lawyer can argue in Ghaziabad only if he is joined with some Local Lawyer at Ghaziabad. means he can file a Vakaltnama jointly with the a Local Lawyer. Otherwise if he is arguing on the Vakalatnama of the Local Lawyer then he has to take a Power of Attorney or memo of apperance in your case.

As per the Advocate Acts. No Lawayer can appear on behalf of the other lawyer without obtaining the NOC from the First lawyer or the client terminates the Vakalatnama by giving notice in writing or the lawyer leaves the case.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     19 July 2011

as per recent amendment in Advocates Act, an advocate can practice anywhere in Indian courts and there is no need of filing of vakalatnama of local lawyer.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     20 July 2011

yes,RAKHI . NOW THERE IS NO BAR AS AMND TO SEC 35 OF ADV ACT RECENTLY NOTIFIED( BY GAZZETTE)

sangam kumar (Web Maseter)     10 October 2011

Legal consultation from New Delhi Civil Corporate Litigation Law Firms Lawyers in New Delhi lawyers, attorneys, solicitors, Advocates & expert Civil, Criminal lawyers provides online legal help, legal opinion, legal solutions in New Delhi.
 


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