Without Vakalat Nama ?

Querist : Anonymous (Querist) 08 October 2010 This query is : Resolved
Dear All Expert,

one of the my friend asked me : A" Accused crime suit pending on majistrate court past one year on the stage that Accused counsel get job from one big company, the Counsel without informing to the client he has joined that company as a legal advicer,and he has not pickuped phone calls and changed his number. now my question is, in case that particular counsel not appear that case and other case's now how can changed my counsel with out vakalat.? kindly answer my question and any option is there in possible way.

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Khaleel Ahmed Mohammed (Expert) 08 October 2010
File a petition before the court mentioning the same grounds through your new cousel along with vakalathnama.

bhupender sharma (Expert) 08 October 2010
DO agree with the same.

Devajyoti Barman (Expert) 08 October 2010
Right.

Amita Chaudhary (Expert) 08 October 2010
move an application for discharge of your earlier advocate, once that is allowed by the Court you can engage any advocate

s.subramanian (Expert) 08 October 2010
In criminal cases,the counsel for accused does not file vakalat. The Criminal Rules of Practice also prescribe filing of a Memo of Appearance only by the counsel on behalf of the accused. It need not contain the signature of the accused also. That is the procedure followed in criminal cases. There is no need to discharge the counsel as it is done in a civil case.In civil cases,vakalat is to be filed mandatorily. Such a vakalat is signed both by the client and the counsel and it is treated as a valid and enforceable contract under the Indian Contract Act.That is why the consent of the earlier counsel is sought in civil cases. But it is not so in criminal cases. You are at liberty to engage another counsel of your choice and proceed with the cases. Do not worry at all.

Kirti Kar Tripathi (Expert) 08 October 2010
i agree with Mr. Subramanian

Querist : Anonymous (Querist) 09 October 2010
Thanks to All Experts

Querist : Anonymous (Querist) 09 October 2010
yes i agree

Querist : Anonymous (Querist) 09 October 2010
in case the above matter is civil case what will do with out vakalat ?

DEFENSE ADVOCATE.-firmaction@g (Expert) 09 October 2010
You have to come out of your case so why bother for such minor things, find another advocate . As a client you are master and advocate is your agent before the court.

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