LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Srinivas (.)     24 September 2014

Lawyer is not giving noc-urgent-urgent

Hi All, My lawyer is not handling my case properly and he is supporting othe party. he is telling wrong hearing dates and making delay case. I want change my lawyer but my lawyer is not giving NOC and he is asking me to pay double fees to give  NOC and also giving warning to me .

Please advise what shall I do?

Without taking NOC if I change lawyer, old lawyer  will take any action on me ? Please advsie.

Thanks for ur time.



Learning

 6 Replies

Ashok, Advocate (Lawyer at Delhi)     25 September 2014

While it is true that no-objection (NOC) of the existing advocate may be necessary if you want to change your advocate in a case, the Court may in any appropriate case dispense with such consent, if it deems fit to do so. Therefore, on an application being made, even in the absence of the NOC from the existing advocate, the court may allow you to change the advocate if it deems fit to do so.

 

 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 September 2014

You may obtain NoC after you have paid his dues. If you find any problem, you may contact the local Bar Council.

V.N.K. MENON (Chairman)     25 September 2014

Dear experts,

 

if a person is Petitioner-in-person after snapping ties with an unscrupulous advocate, is there any requirement of NOC at all. Shall appreciate valued opinion.

 

Thanks

Ashok, Advocate (Lawyer at Delhi)     25 September 2014

If you are already appearing as petitioner in person, that means that there is no advocate vakalatnama at present and the previous advocate would have been discharged from the case. Therefore, there should not be any need to take NOC from the earlier advocate.

T. Kalaiselvan, Advocate (Advocate)     02 October 2014

Query repeated. the querist advised to not open different thread and repeat the same question. For your query you may visit the previous thread where you can find valuable reply.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 October 2014

Section 32 in THE ADVOCATES ACT, 1961


Section 32. Power of Court to permit appearances in particular cases.—Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.

 

 

By giving your signed Vokalatnama to your advocate, you are basically giving the power of council to your advocate to represent you before the court.

 

If you are appearing in-person then no need of Vokalatnama. If that corrupted lawyer is not giving NOC then also no issue If you appear in-person or you appoint another advocate by giving signed Vokalatnama.

 

The Vokalatnama is for securing you consent to give power of council to another person to represent you before the law hence the court may ask a petition of your consent in case you don't have NOC.

 

In case of in-person, no such petition is required.

 

Please read each of my posts carefully in the following links.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register