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Showing posts with label vakalatnama. Show all posts
Showing posts with label vakalatnama. Show all posts
Tuesday, 14 May 2024

Whether it is mandatory to file fresh Vakalatnama alongwith Memo of appeal if same Advocate is representing the appellant in appeal?

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 It is, thus, now well-settled that any detect in signing the memorandum of appeal or any detect in the authority of the person signing the ...
Sunday, 2 April 2023

Can the court accept a compromise petition if the party has not given authority to his advocate to compromise the case through a special Vakalatnama?

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  The third question that arises for our consideration in context with the legality and validity of the settlement is whether the learned ad...
Tuesday, 29 March 2022

Whether client can refuse to pay fees to an Advocate if he has filed joint vakalatnama along with his Junior?

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 Any senior lawyer having briefs of various clients cannot effectively prosecute or defend cases without the assistance of junior or other l...
Wednesday, 18 March 2020

Whether the court can allow the compromise of a suit if Advocates of parties only sign the compromise petition?

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We may, however, hasten to add that it will be prudent for counsel not to act on implied authority except when warranted by the exigency o...
Sunday, 12 May 2019

Whether incorrect statement in vakalatnama amounts to forgery?

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  Applying the ratio of the above decisions, in our view, there is no prima facie evidence to show that the appellants had intended to ca...
Friday, 7 December 2018

Whether two different Advocates can conduct case of co-plaintiffs separately?

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Mr. Bhabha was unable to point out even a single instance of any case in England in which different counsel were engaged for different pl...
Sunday, 2 December 2018

Precaution to be taken by court while permitting Advocate to withdraw his vakalatnama

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 Even if it is held that the said letter/notice (Exhibit-77) was duly served on the appellant, the question is whether that was enough to ...
Saturday, 2 December 2017

Whether court should accept vakalatnama filed by new advocate without no objection of previous advocate?

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  Whether vakalatnama filed by a new advocate is to be accepted in the absence of 'no objection' of the advocate already on ...
Saturday, 26 August 2017

Whether Advocate can file no instruction pursis without issuing notice to client?

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Time and again I have noticed the some of the civil Courts and the District Courts proceed on the assumption that once an advocate files...
Sunday, 19 March 2017

Whether one party can insist court to direct opposite party to remove his lawyer?

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The short question to be considered in the matter is whether the lawyer who is appearing for a party can be removed at the instance of t...
Monday, 6 February 2017

Whether decree in summary suit can be set aside on ground that through oversight vakalatnama was not filed?

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To accept the contention of the respondents in that regard would virtually amount to legislating upon Rule 4 that it is nothing but the re...
Sunday, 21 June 2015

Whether compromise decree can be passed on basis of endorsement by advocate who has no vakalatnama in case?

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A counsel, who has not been appointed by a party by executing a memorandum of appointment envisaged under Order 3 Rule 4 CPC (same as va...
Sunday, 8 February 2015

Whether application for restoration of petition can be filed by advocate with his signature?

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 Apex Court had occasion to consider the same legal question in  Ananta Pandu Porobo Desai and others v. Lalita Poi [(1978) 2 SCC ...
1 comment:
Sunday, 25 May 2014

Guidelines of Supreme court in respect of filing of vakalatnama

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 We may at this juncture digress and express our concern in regard to the manner in which defective Vakalatnamas are routinely file...
1 comment:
Tuesday, 23 October 2012

What are exceptions to rule that suit or appeal will not be dismissed for non compliance of procedural requirement?

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  Non-compliance with any procedural requirement relating to a pleading, memorandum of appeal or application or petition for relief sho...