bar council laws

Sandeep Didwania (Querist) 02 June 2011 This query is : Resolved
Can a lawyer other than an engaged lawyer identify a deponent for the purpose of sworning an affidavit???
Does it leads to violation of bar council or any other rules???
Plz reply????

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PALNITKAR V.V. (Expert) 02 June 2011
Mere identification for the purpose of swearing in of an affidavit should not be a violation of BCI Rules merely because he is an advocate different from the advocate engaged by a party. Identification for the purpose of affidavit, in strict sense, does not amount to practise as such as any other person who is not advocate can also identify a deponent e.g.Registered clerk of an advocate can identify a deponent.

Sandeep Didwania (Querist) 02 June 2011
thanks sir for ur satisfactory reply...

Arif Iqbal (Expert) 02 June 2011
Mr. Palnitkar is absolutely right. Identification can be done by any body. There is no violation of BCI Rules

DEFENSE ADVOCATE.-firmaction@g (Expert) 03 June 2011
Advocate is the part of the legal system and it is unfortunate that due to lack of unity among them even such basic issue crop up.

Advocate as a rule has implied authority in all such matters.

Ravikant Soni (Expert) 03 June 2011
Truly said Mr your advocate..

Ravikant Soni (Expert) 03 June 2011
Not in my rememberance so far but there is a apex court judgement pertainning to this issue.

Sandeep Didwania (Querist) 03 June 2011
thnx to all

Ravikant Soni (Expert) 18 June 2011
"Hiralal Jain v. Delhi Administration" AIR 1972 SUPREME COURT 2598 = 1971 Cri. L. J. 1375 Criminal Appeal No. 5 of 1972, D/- 1 -9 -1972.

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