38.6c New Delhi, India, Friday, April 19, 2024
Judiciary

New Advocate Requires To Submit NOC In case Earlier Counsel Is Still Holding Vakalath: Karnataka HC [Read Judgment]

By LawStreet News Network      21 February, 2019 12:00 AM      0 Comments
New Advocate Requires To Submit NOC In case Earlier Counsel Is Still Holding Vakalath: Karnataka HC [Read Judgment]

The Karnataka High Court in a recent case has clarified that a new advocate is required to submit ‘No Objection Certificate’ to enter appearance in the case if the previous counsel is still holding a valid vakalath.

A Division Bench comprising of Justices Ravi Malimath and B.M. Shyam Prasad was hearing a regular first appeal filed under Section 96 of the Code of Civil Procedure, 1908.

In the appeal, a memo for withdrawal of the appeal was filed by the appellants. However, on perusal of the memo, it was found out by the court that it was signed by a new counsel, who did not have ‘No Objection Certificate' from the earlier counsel.

Placing reliance on the judgment of this court passed in Karnataka Power Transmission Corporation Ltd v. M Rajashekar and Others, the new counsel submitted before the court that it was not necessary to obtain 'No Objection Certificate'.

In the Karnataka Power Transmission case which was delivered on December 2, 2016, by a Division Bench, it was observed that “There is nothing known as irrevocable vakalatnama. The right of a party to withdraw vakalatnama or authorization given to an advocate is absolute. Hence, a party may discharge his advocate any time, with or without cause by withdrawing his vakalatnama or authorization. On discharging the advocate, the party has the right to have the case file returned to him from the advocate, and any refusal by the advocate to return the file amounts to misconduct under Section 35 of the Advocates Act, 1961.”

The new counsel, in the present case, specifically relied on paragraph 8 of the said judgment wherein it was stated that “if an Advocate is discharged by his client and if he has any genuine claim against his client relating to the fee payable to him, the appropriate course for him is to return the brief and to agitate his claim in an appropriate forum, in accordance with law.”

However, the present Bench rejected the submission stating that “The Division Bench held therein that 'No Objection Certificate' is not required only in a situation where the advocate is discharged by his client in a manner known to law; only then a new counsel can enter appearance without a 'No Objection Certificate’. When the earlier counsel still holds a valid vakalath, the question of a new advocate entering the case cannot be accepted.”

With this view, the Bench held that “until and unless a ‘No Objection Certificate’ is obtained from the existing advocate who still holds the vakalath, no new counsel can enter appearance on record.”

Consequently, the Bench accepted the memo for withdrawal of the appeal after the earlier counsel furnished his “No Objection Certificate’ to the new counsel.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

pil-filed-by-ashwini-kumar-upadhyay-in-sc-for-yr-bachelor-of-law-degree-after-class
Trending Judiciary
PIL filed by Ashwini Kumar Upadhyay in SC for 3-yr Bachelor of Law degree after Class XII

PIL by Ashwini Kumar in SC seeks to shorten law degree to 3 years post-Class XII, citing current 5-year span as irrational.

18 April, 2024 11:21 AM
we-all-know-what-happened-when-there-were-ballot-papers-sc-on-return-of-ballot-papers-or-100-vvpats-count
Trending Judiciary
'We all know what happened when there were ballot papers,' SC on return of ballot papers or 100% VVPATs count

SC questions EVM process, debates ballot paper return and 100% VVPAT count verification, citing past issues.

18 April, 2024 01:53 PM

TOP STORIES

lsj-exclusive-interview-how-bjp-govt-will-free-chhattisgarh-from-naxal-menace
Trending Interview
LSJ Exclusive Interview: How BJP govt will free Chhattisgarh from “Naxal menace”? [Watch Video]

What is Chhattisgarh govt's plan for solving the Maoist/Naxalite problem in the state? Will there be a surgical strike against the Naxals or solution will be found via diplomatic channels? Read the Exclusive Interview with the Deputy Chief Minister Vijay Sharma.

13 April, 2024 12:33 PM
sc-rejects-review-of-order-to-pay-rs-154-cr-compensation-to-ex-air-force-staff-for-transfusion-of-hiv-infected-blood
Trending Judiciary
SC rejects review of order to pay Rs 1.54 Cr compensation to ex Air Force staff for transfusion of HIV infected blood [Read Order]

SC denies review of Rs 1.54 Cr HIV compensation order to ex-Air Force staff for medical negligence.

13 April, 2024 03:13 PM
cji-cautions-against-overlooking-ethical-legal-consideration-on-use-of-ai-in-court-adjudication
Trending Legal Insiders
CJI cautions against overlooking ethical legal consideration on use of AI in court adjudication

CJI D Y Chandrachud warns about ethical, legal challenges in AI use in courts, stressing need for thorough review.

13 April, 2024 07:08 PM
need-to-safeguard-judiciary-from-unwarranted-pressures-21-ex-judges-write-letter-to-cji
Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email