Advocate
Anita Singh
(Querist) 21 March 2012
This query is : Resolved
i am an advoate and registerd under bar council of maharastra and goa can i file my vakalalatnama in national comission in delhi to file appeal
Shonee Kapoor
(Expert) 21 March 2012
Yes, you can.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shailesh Kumar Shah
(Expert) 21 March 2012
Yes, you can file vakalatnama as Section 30 of the Advocate Act.
ajay sethi
(Expert) 21 March 2012
yes you can . agree with experts
R.K Nanda
(Expert) 21 March 2012
Yes, you can file ur vakalatnama in Delhi
courts.
V R SHROFF
(Expert) 21 March 2012
I was denied in Gurgaon.[near Delhi] { Even Delhi Advocates were not allowed]
They insist to keep a Local Advocate, otherwise do not file your VP. ONLY LOCAL BAR ASSO MEMBER ALLOWED!! GURGAON COURT.
If anyone tried please inform .
SAINATH DEVALLA
(Expert) 21 March 2012
Dear Mr.Shroof,
It is rediculous that members of other Bar Associations are not allowed to file Vakalatnama.I have represented two cases in Bengaluru CMM courts, and it was accepted.
Kiran Kumar
(Expert) 21 March 2012
for National Commission there is no problem.
@ Mr. Shroff
Punjab and Haryana High Courts has its own rules and orders....Gurgaon falls in the jurisdiction of P&H high court....as per HC rules, a local lawyer is necessary...as per rules you even cannot appear before P&H HC without engaging a local lawyer :)
though most of the courts in Punjab and Haryana are not aware of this rule...but Gurgaon people make a good use of it in order to avoid competition with Delhi lawyers :)
V R SHROFF
(Expert) 22 March 2012
Dear Kiran :
I informed Gurgaon Court, that I already filed my VP in Amritsar Court, independently, and was heard, obtained Order in my favour, and produced the Proof, that it is also your Punjab & Haryana, but they did not listen.
This is the only court, that behaved this way, in India.
Once in Vijayawada court, same situation , but was basically for language problem .
Why Bar is quite?? If all states BAR behave this way??
IN GURGAON,I WAS SHOCKED LOOKING AT ALMOST 1000 ADVOCATES ON A GROUND, , No one ready to guide, Asking Rs. 5000/- minimum to sign joint VP, and to identify BAIL, Rs. 25000/-
Majority Finance Company [like India Bulls ] take full advantage of this situation. , file 138 cheque reb cases of all over India , at Gurgaon , to harass Debtor, who cannot travel so far, cannot get surety for 138 ni cases, have to pay heavily to organised Advocates there, It became a business for Money Lenders and Finance Company.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 March 2012
Dear sir even Mumbai HC has framed similar rule that you have to take a local advocate if you are from out of Maharashtra.
Guest
(Expert) 23 March 2012
Dear Shri Shroff,
No wonder, sometimes local informal rules are tried to be prevailed over the law of the land by some vested interests and influential persons.
V R SHROFF
(Expert) 23 March 2012
In Maharashtra, now they notify"" LANGUAGE OF THIS COURT IS MARATHI"
CONSUMER COURT IN METROPOLITAN AREA Mumbai ALSO DID IT, AND WAS REVERTED AFTER SOME TIME.
Idea is to keep away outsider Advocates..
The move is to control, Limit.
Not a Good move. !!
They intentionally tell you wrong dates , or miss your case file, or marks you absent, and go on harassing untill you file joint VP with Local Adv.
Amit Pateria
(Expert) 15 June 2012
Hi Kiran,
would you please provide relevant rule/ circular etc. of the P&H HC to this regard (i.e., only a local lawyer can file vakalatnama and make appearance)
Regards
Amit
Raja
(Expert) 06 January 2013
all HCs are having their own rules. but recently Bom-HC has framed Annexure-VI under their Rule which allows advocates of other states to file. but in calcutta HC, it is not allowed, as the Hon'ble Court is guided by the Old Rules! In Del-HC, there is no Rule to define Legal Practitioners and is guided by the old acts of Punjab Court. In Madras HC also advocates of other state require to club with a local advocate as the HC doesnot allow to file vakalatnama. BUT in lower courts, they often even known about the Rules......therefore allowed !!! I have had the privileged to appear before a few lower courts in Jharkhand, Bengal and Orissa which tastes similar !
Guest
(Expert) 06 January 2013
Dear Anita Singh, Shri Raja & other community members,
I have already expressed ny views at three other links pertaining to advocates rights to practice.
However, my views are as follows:
The irony of fate is that the Act stands amended with effect from 31.01.1974, but the rules of practice have not so far been changed for the last 38 years.
In view of the amended section 30 of the Advocates Act, the rules of individual State Bar Associations, which do not allow other state Bar's members, have become outdated and need to be amended without any delay.
A point of commonsense arises, when the Bar Associations have failed to modify their own rules in compliance with the provisions of law, how a common man can expect its members to follow the legal requirements in its right perspective?
If the office bearers of Bar Associations don't take any initiative at their own, the members of respective bar association need to take initiative to compel bar associations to amend their rules to follow the provisions of sec.30 in true sense.
If no initiative is taken by respective Bars or its members, the day will not be far off when even some of your own community bretheren would come forward to challenge the rules of state bar associations to be violative of Monopolies & Restrictive Trade Practices Act. If that happens, that would be a big blot and insult on the legal communities that would appear as to have flouted the law by even the law implementing machinery.
So, either there should be common All India rules to be followed by all the Bar Associations, or State Bar Associations should themselves allow multi Bar membership to the advocates of any state, or amend their own rules promptly in compliance with the provision of the Advocates Act, specifically the sec.30.
