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Tag: C.V. Sudhindra and Ors. Vs Divine Light School For Blind

Karnataka Power Distribution Vs M RajaShekar on 2 Dec 2016

Posted on January 31, 2021 by ShadesOfKnife

Karnataka High Court held that (which is wrongly understood by many) once the advocate of a case on record of the Court is discharged, as per procedure established by law (termination letter and communicating the same to advocate), a party has absolute right to engage another advocate and no need of obtaining a separate NOC from the advocate, who was discharged. This was further clarified by a Division Bench here.

From Paras 6 to 9,

6. As could be seen from the observations made in the two decisions extracted above, a party to a litigation has an absolute right to appoint an advocate of his choice, to terminate his services, and to appoint a new advocate. A party has the freedom to change his advocate any time and for whatever reason. However, fairness demands that the party should inform his advocate already on record, though this is not a condition precedent to appoint a new advocate.
7. There is nothing known as irrevocable vakalatnama. The right of a party to withdraw vakalatnama or authorization given to an advocate is absolute. Hence, a party may discharge his advocate any time, with or without cause by withdrawing his vakalatnama or authorization. On discharging the advocate, the party has the right to have the case file returned to him from the advocate, and any refusal by the advocate to return the file amounts to misconduct under Section 35 of the Advocates Act, 1961. In any proceeding, including civil and criminal, a party has an absolute right to appoint a new Advocate. Under no circumstance, a party can be denied of his right to appoint a new advocate of his choice. Therefore, it follows that any rule or law imposing restriction on the said right can’t be construed as mandatory. Accordingly, Courts, Tribunals or other authorities shall not ask for ‘no objection’ of the advocate already on record, to accept the vakalatnama filed by a new advocate.
8. As observed in the decisions referred to above, if an Advocate is discharged by his client and if he has any genuine claim against his client relating to the fee payable to him, the appropriate course for him is to return the brief and to agitate his claim in an appropriate forum, in accordance with law.
9. As stated above, under no circumstance, a party can be denied of his right to appoint a new advocate of his choice. The right is absolute and not conditional. Hence, the objection raised by the Registry on the vakalatnama is overruled. Hereafter, the Registry shall not ask for ‘no objection’ of the advocate already on record, to accept the vakalatnama filed by a new Advocate.

Karnataka Power Distribution Vs M RajaShekar on 2 Dec 2016

Citations : [2016 SCC ONLINE KAR 6470], [2017 ILR KAR 59], [2017 AIR KAR 1], [2017 KCCR 1 383], [2017 AIR KANT R 4 210]

Other Sources :

https://indiankanoon.org/doc/128027421/

https://www.casemine.com/judgement/in/5845968353bee765a86aed81

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision C.V. Sudhindra and Ors. Vs Divine Light School For Blind Karnataka Power Distribution Vs M RajaShekar Need 'No Objection Certificate (NOC)' From Advocate Before Engaging new Advocate R.D. Saxena Vs Balram Prasad Sharma | 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

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