Can a Delhi lawyer argue in ghaziabad, UP court
Guest
(Querist) 08 April 2011
This query is : Resolved
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.
M.Sheik Mohammed Ali
(Expert) 08 April 2011
a lawyer practice anywhere in india with vakaltnama, what is the reason to reject your earlier lawyer nama ? any way do one thing the earlier lawyer put ghasiabad lawyer as counsel and your lawyer as a represented to your case. this is simple way
Guest
(Querist) 08 April 2011
thanks a lot sir for your suggestion. But Judge strictly said to my lawyer, you can assist to the main lawyer of Ghaziabad, but not argue.....
Naresh Kudal
(Expert) 08 April 2011
not agree with mr. sheik. a lawyer can practice in that state with whose bar council he is enrolled. if your lawyer is not enrolled advocate of UP, he cannot represent you as an advocate. you need to appoint an advocate who is enrolled with UP bar council.
Kirti Kar Tripathi
(Expert) 08 April 2011
Advocate Act specifically empowered an enrolled advocate to appear, participate and argue in any court in India right from tehsil court to Supreme Court. .
Advocate Bhartesh goyal
(Expert) 08 April 2011
Yes,An Advocate can appear,participate and argue in any court in India.Mr Tripathi is right.
indrajit mukhopadhyay
(Expert) 09 April 2011
A lawyer can appear and contest in any state and in any court, there is no bar.Mr Naresh is absolutely wrong in concept.
Guest
(Querist) 09 April 2011
But sir My Delhi lawyer appointed a UP lawyer and also represented valalatnama of his name. Now the judge is saying my main Delhi lawyer can assist to UP lawyer, and the argument should be started from the side of UP lawyer. I think there must be some connection between Judge and lawyer of 2nd party, who raised this objection and refused my Delhi lawyer to argue. My case is in Ghaziabad district court, UP.
Madan Gopal Dasaur
(Expert) 09 April 2011
A lawyer can appear,contest,argue in any state,in any court for & on behalf of his client. the choice is that of client not of the court. in case you are facing problum file written application praying that you want to have your case argued from a particular advocate of your choice &in addition can get written arguments placed on file/record.
R.Ramachandran
(Expert) 10 April 2011
All of us are missing out a major point here. What appears to have happened here is that instead of filing his/her own Vakalatnama, the Delhi Lawyer seems to have appointed another UP Lawyer and the UP Lawyer had filed his/her vakalatnama. In that scenario, the Delhi Lawyer is not a lawyer in the case at all. At best the Delhi lawyer can only be a proxi council for the UP Lawyer. Therefore, the Court would have insisted that only the UP Lawyer whose Vakalatnama had been filed has to argue the case and not the proxi council from Delhi.
Presently, the querist can ask her Delhi Lawyer to file his/own Vakalatnama (after getting discharge from the UP Lawyer). Thereafter, it will be possible for the Delhi Lawyer to represent the querist. If still the Court says that only the UP Lawyer can argue the case, then there is something seriously wrong.
Guest
(Expert) 10 April 2011
Mr. Ramachandran's observation may be correct.
However, if Delhi lawyer has not filed his own Wakalatnama and got the services of a UP lawyer, that Delhi lawyer may not be having self confidence to fight the case. Even if he files his wakalatnama, now, that particular lawyer would not be able to fight the case properly.
But, if the Delhi lawyer had already filed his wakalatnama, but the judge is still insisting on hiring of a UP lawyer, then in that case it can be nothing but Mr. Gaurav Bansal is being denied an opportunity to defend his case properly through his own chosen lawyer.
In my opinion, in that compelling circumstances, Mr. Bansal may however hire a UP lawyer under a properly worded formal objection to be filed on record before the concerned judge, so that if the judgment goes against him, he may have a solid background for filing an appeal.
Sarvesh Kumar Sharma Advocate
(Expert) 10 April 2011
