Termination of vakalath in hon.sc
VIJAY
(Querist) 28 October 2016
This query is : Resolved
Hi Experts,
My advocate in SC is not giving the NOC and he is cheating on us by not attending the court.
I see from online posts that I can appear in party and file a memo in the SC to cancel the filed vakalath.
I'm planning to visit the SC next month for this.
Below are my concerns
1. Will I be allowed to enter the SC especially when I don't have the advocate with me and currently not having good relation with him.
2. What should be the MEMO format for request of cancellation of VAKALATH. Could someone provide me a link to download the official form for SC.
3. Is it enough that only I sign it or should all the parties involved from my side have to sign it.
4. Should it be in legal green sheet or will plain white sheet be OKAY.
5. If I file the memo will the Hon.Registry / court send a notice to the current advocate or AOR for his response which will cause long delays.
6. In some of the posts, I see that for Criminal cases I don't need an NOC to change the advocate. Is this true? I have Cr. Transfer petitions filed in SC.
Thanks
Advocate Kappil Cchandna
(Expert) 29 October 2016
Sir,
You can move and application to contest in person and that lawyer will be discharged on the first date of the hearing before the court ....
Warm Regards
Kapil Chandna Advocate
9899011450
Kishor Mehta
(Expert) 29 October 2016
Sir,
Is it not customary to submit an NOC from the advocate stating that all his fees are paid and that he has no objection?
Good Luck,
Kishor Mehta
Dr J C Vashista
(Expert) 31 October 2016
Dear Mr.Kishor Mehta,
The author want to appear before Supreme Court as "petitioner-in person" which implies his advocate is discharged from Vakalatnama executed by the party in his favour and there can be no objection by his lawyer.
Regards.
@ Mr. Vijay,
Legally speaking you may appear before any Court in-person, whereas, knowledge of procedure and applicability of law on the subject matter has to be learnt by you, otherwise, you may spoil your case.
You cannot be given spoon-feeding for each and every point in this platform.
Beware, you shall be entrapped by some scrupulous tout in Supreme Court and repent.
Best of luck.
Rajendra K Goyal
(Expert) 31 October 2016
You said: You cannot be given spoon-feeding for each and every point in this platform.
Reply:
agree with the expert Dr J C Vashista.
