Trial without vakalatnama

Querist : Anonymous (Querist) 26 September 2011 This query is : Resolved
Hi all,

I want to know that in a State matter, if the Counsel of complainant has not filed Vakalatnama but has carried out cross-examination and other appearances / filings.

What are the consequences?

Can it be filed later on back dated ?

Any cross-examination / filing / appearance by the advocate when Vakalatnama was not filed would be valid ?

How courts look upon it ? Is it casual lapse or a serious one ?

Thanks
Tinku

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ajay sethi (Expert) 26 September 2011
generally on the first occasion when lawyer appears he has to file his appearance . if he does not do so then undertaking is generally taken .

if counsel has not filed vakalatnama court and yet conducted cross examination matter can be referred to bar council for necessary action against lawyer /

if lawyer subsequently files it the court will generally take it on record as it may be due to genuine lapse on part of counsel .

Shastri J.K. (Expert) 26 September 2011
Only complainant can take action against lawyer .if complainant saying he is apointed him then court only direct him to file power.

Sankaranarayanan (Expert) 26 September 2011
yes both experts explanation is so correct, if any one of lawyer did ,then they could be answerable before law and bar counsil

ESTHERPRIYA (Expert) 26 September 2011
Vakalatnama is a procedural defect so can be cured taking into the bonafide act of parties.

prabhakar singh (Expert) 26 September 2011
Non filing of vakalatnama can not invalidate any proceeding so long the person on whose behalf representation was made and proceeding were conducted does not himself challenges it.
Any way it's a curable mistake at any point of time on opposition of opposite party.

Sailesh Kumar Shah (Expert) 28 September 2011
I agree with common opinions of all experts.

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