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Tag: Accused Have Right To Change Advocate

Ashem Shyamkesho Singh Vs Thokchom Ranjan Meetei on 08 Jul 2016

Posted on March 11, 2021 by ShadesOfKnife

Single Judge bench of Manipur High Court held as follows:

From Para 4,

[4] Although it is nowhere mentioned in the application that the same has been filed under the provisions of CPC, it is the provisions of Order 3 Rule 4(2) of CPC which provide that appointment of an Advocate shall be filed in the court and shall be deemed to be in force until determined with the leave of the court by a writing signed by the client or the Advocate as the case may be. An Advocate does not only represent his client but he is also an officer of the court. In any matter in which he is engaged, he has to assist the court till his vakalatnama is determined in accordance with law.

From Para 6,

The normal conduct of a client is that if he wishes to change his counsel for some reason or the other, he should approach him for return of the brief and to obtain “No Objection” from him. In case his counsel returns the brief, it is well and good and if he refuses to return the brief or refuses to give “No Objection”, the client may invoke the provisions of Order 3 Rule 4 of the CPC to redress his grievances. However, in the present case, the applicants have failed to that and without determining the appointment of their earlier counsel, Shri Ng. Kumar, Advocate, they had moved an application for deleting their names from the array of parties in the writ petition through another Advocate which is unfair and unreasonable on the part of the applicants. The moment an Advocate is engaged, a client is expected to be fair and reasonable to him and ought to give proper instructions accordingly. But in any case and for whatever reasons, the applicants have expressed their view that they don’t want Shri Ng. Kumar, Advocate to continue as their counsel and that a new Advocate be engaged in his place and since the Hon’ble Supreme Court in the said R.D. Saxena’s Case (supra) has categorically observed that for whatever reason, if a client does not want to continue the engagement of a particular Advocate, it would be a professional requirement consistent with the dignity of the profession that he would return the brief to the client and it is time to hold that such obligation is not only a legal duty but a moral imperative, this court is of the view that this application is liable to be allowed. In view of the above observations of the Hon’ble Supreme Court, it is the duty of Shri Ng. Kumar, Advocate to give “No Objection” so that the applicants could engage a new Advocate of their choice. If Shri Ng. Kumar, Advocate is of the view that the action of the applicants being unfair and unreasonable, has caused prejudice to his professional right and privilege as a counsel, it is open to him to seek appropriate relief and redress his grievance from an appropriate forum.

Ashem Shyamkesho Singh Vs Thokchom Ranjan Meetei on 08 Jul 2016
Posted in High Court of Manipur Judgment or Order or Notification | Tagged 1-Judge Bench Decision Accused Have Right To Change Advocate Advocate Antics Bar Council of India Rules Part IV Chapter-II Rule 39 CPC Order 3 Rule 4 - Appointment of Pleader Legal Procedure Explained - Interpretation of Statutes R.D. Saxena Vs Balram Prasad Sharma | Leave a comment

Change the Advocate

Posted on January 21, 2021 by ShadesOfKnife

Here are few case laws to support your effort in changing an advocate who is already on record of a Court in your cases.

 

  1. R.D. Saxena Vs Balram Prasad Sharma on 22 August, 2000
  2. New India Assurance Co Ltd Vs A.K.Saxena on 7 Nov 2003 [SC]
  3. C.V. Sudhindra and Ors. Vs Divine Light School For Blind [KarHC]
  4. Karnataka Power Distribution Vs M RajaShekar on 2 Dec 2016 [NOC not required to engage new advocate, if the advocate was discharged by client, following the procedure established by law]
  5. Bhagya and Ors Vs Jayalakshmi and Ors on 13 Feb 2019 [Only after the advocate was discharged by client, following the due procedure established by law, a client can engage a new advocate]
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Accused Have Right To Change Advocate Advocate Doesnot Have Lien Advocates Act Section 32 Need 'No Objection Certificate (NOC)' From Advocate Before Engaging new Advocate No Need Of No Objection Certificate (NOC) From Advocate Summary Post | Leave a comment

K.R Chitra Vs Supreme Court Legal Services Committee on 30 September, 2015

Posted on June 25, 2018 by ShadesOfKnife

High Court of Delhi has given this judgment, where in a advocate was not selected for Supreme Court Legal Services Committee and she filed this interesting case.

K.R Chitra Vs Supreme Court Legal Services Committee on 30 September, 2015

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Accused Have Right To Change Advocate K.R Chitra Vs Supreme Court Legal Services Committee | Leave a comment

C.V. Sudhindra and Ors. Vs Divine Light School For Blind on 21 July, 2008

Posted on June 25, 2018 by ShadesOfKnife

Another awesome judgment from Karnataka reiterating that when a client loses confidence and faith in his Advocate he can choose to terminate the vakalathnama and seek for return of the case file.

Be that as it may, neither the trial Court in the present suit nor this Court in this petition would be required to go into the correctness or otherwise of the said allegations and counter allegations except to reckon the same to notice that the Advocates on record and their clients have been trading charges against each other, which alone is sufficient for a client to loose confidence and faith in the Advocate so as to choose to terminate the vakalathnama and seek for return of the file. The very fact that the Advocate is clinging on to the file without initiating any other action which would have been open to them in law, if in fact the Trustees had acted contrary to the interest of the Trust would indicate that the contentions put forth before the trial Court was not bonafide, at least in so far as claiming a right to remain on record as saviours of the first respondent when the first respondent has been in existence from the year 1958 as indicated from their letterhead and have taken care of themselves.

Honourable Profession… hmmm

In fact as and when any such unfortunate situation arises, the learned Advocate who has been appearing for such a client, should on his own free will come forward to advise the client to take back the file and should express lack of interest to appear on their behalf. That is why, this profession is known as honourable profession.

C.V. Sudhindra and Ors. Vs Divine Light School For Blind on 21 July, 2008
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged Accused Have Right To Change Advocate Advocate Antics C.V. Sudhindra and Ors. Vs Divine Light School For Blind No Need Of No Objection Certificate (NOC) From Advocate Sandeep Pamarati | Leave a comment

R.D. Saxena Vs Balram Prasad Sharma on 22 August, 2000

Posted on June 25, 2018 by ShadesOfKnife

This is a wonderful judgment from Hon’ble Supreme Court of India on two aspects

(a) Has the advocate a lien for his fees on the litigation papers entrusted to him by his client?

(b) Does the client has freedom to choose and engage a advocate and change the advocate?

Thus, even after providing a right for an advocate to deduct the fees out of any money of the client remaining in his hand at the termination of the proceeding for which the advocate was engaged, it is important to notice that no lien is provided on the litigation files kept with him. In the conditions prevailing in India with lots of illiterate people among the litigant public it may not be advisable also to permit the counsel to retain the case bundle for the fees claimed by him. Any such lien if permitted would become susceptible to great abuses and exploitation.

… and more…

A litigant must have the freedom to change his advocate when he feels that the advocate engaged by him is not capable of espousing his cause efficiently or that his conduct is prejudicial to the interest involved in the lis, or for any other reason. For whatever reason, if a client does not want to continue the engagement of a particular advocate it would be a professional requirement consistent with the dignity of the profession that he should return the brief to the client. It is time to hold that such obligation is not only a legal duty but a moral imperative.

In criminal cases, every person accused of an offence has the right to consult and be defended by a legal practitioner of his choice which is now made a fundamental right under Article 22(1) of the Constitution. The said right is absolute in itself and it does not depend on other laws. In this context reference can be made to the decision of this Court in State of Madhya Pradesh vs. Shobharam and ors. (AIR 1966 SC 1910). The words of his choice in Article 22(1) indicate that the right of the accused to change an advocate whom he once engaged in the same case, cannot be whittled down by that advocate by withholding the case bundle on the premise that he has to get the fees for the services already rendered to the client.

If a party terminates the engagement of an advocate before the culmination of the proceedings that party must have the entire file with him to engage another advocate.

R.D. Saxena Vs Balram Prasad Sharma on 22 August, 2000

Citations : [2000 AIR SC 3049], [2001 ALLMR CRI SC 375], [2000 ALT SC 5 1], [2001 BLJR 1 174], [2000 CTC 3 757], [2001 GLH 3 624], [2000 JT SC 9 432], [2000 KLT SC 3 438], [2001 LW 1 284], [2001 MHLJ SC 1 23], [2000 MPLJ SC 613], [2000 PLJR 4 161], [2000 RD 91 692], [2000 SCALE 6 42], [2000 SCC 7 264], [2000 SUPP SCR 2 598], [2001 UJ 1 27], [2000 UPLBEC 3 2404], [2000 AIR SC 2912], [2000 CTR 163 32]

Other Sources :

https://indiankanoon.org/doc/151656/

https://www.casemine.com/judgement/in/5609ad8de4b0149711411a9d

https://www.indianemployees.com/judgments/details/r-d-saxena-vs-balram-prasad-sharma

R.D. Saxena Vs Balram Prasad Sharma

https://www.legalauthority.in/judgement/r-d-saxena-vs-balram-prasad-sharma-22160


Karnataka High Court Judgments:

  • NOC not required
Karnataka Power Distribution Vs M RajaShekar on 2 Dec 2016
  • NOC required:
Bhagya Vs Jayalakshmi on 13 Feb 2019
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Accused Have Right To Change Advocate Advocate Antics Advocate Doesnot Have Lien Landmark Case Legal Procedure Explained - Interpretation of Statutes R.D. Saxena Vs Balram Prasad Sharma Reportable Judgement or Order Sandeep Pamarati | Leave a comment

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