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Tag: No Need Of No Objection Certificate (NOC) From Advocate

New India Assurance Co Ltd Vs A.K.Saxena on 7 Nov 2003

Posted on February 1, 2021 by ShadesOfKnife

Relying on Apex Court decision in R.D. Saxena Vs Balram Prasad Sharma from 2000, Apex Court again held that,

This case is fully covered by a decision of this Court in R.D. Saxena V. Balram Prasad Sharma reported in [2000] 7 SCC 264 wherein this Court has held that advocates have no lien over the papers of their clients. It is held that at the most the advocate may resort to Legal remedies for unpaid remuneration. It has been held that the right of the litigant to have the files returned to him is a corresponding counterpart of the professional duty of the advocate and that dispute regarding fees would be a lis to be decided in an appropriate proceeding in Court.

New India Assurance Co Ltd Vs A.K.Saxena on 7 Nov 2003

Casemine copy:

New India Assurance Co Ltd Vs A.K.Saxena on 7 Nov 2003 (Casemine)

Indiankanoon copy:

New India Assurance Co Ltd Vs A.K.Saxena on 7 Nov 2003 (Indiankanoon)

Citations : [2004 ALLMR SC 5 18], [2003 AIOL 259], [2003 SCALE 9 531], [2004 AIR SC 311], [2004 BOMCR SC 3 753], [2004 SCC 1 117], [2003 SUPREME 8 128], [2004 FLR 102 99], [2004 LLN 1 446], [2003 ALR 53 810], [2003 SUPP SCR 5 387], [2004 JCR SC 2 54], [2004 MLJ SC 2 13], [2003 CTC 4 799], [2004 PLR 136 650], [2004 UJ 1 591], [2004 COMPCAS SC 120 284], [2003 ALL LJ 3062]

Other Sources :

https://indiankanoon.org/doc/463738/

https://www.casemine.com/judgement/in/5609ade6e4b01497114127c5

Posted in Supreme Court of India Judgment or Order or Notification | Tagged New India Assurance Co Ltd Vs A.K.Saxena No Need Of No Objection Certificate (NOC) From Advocate 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

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

G Deepak Adv Vs Rangegowda on 1 April, 2014

Posted on June 25, 2018 by ShadesOfKnife

This WP is dismissed by the Hon’ble Karnataka High Court in a dispute between a advocate and his client who wanted to change to a different advocate and seeking No objection certificate.

The writ petition is not maintainable as the relief sought is in respect of breach of contract between a lawyer and his client. The remedy lies elsewhere and not before this court in this writ jurisdiction. The petition is disposed of without prejudice to the claim of the petitioner.

G Deepak Adv Vs Rangegowda on 1 April, 2014

 

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged G Deepak Adv Vs Rangegowda No Need Of No Objection Certificate (NOC) From Advocate | Leave a comment

Rangegowda Vs G.Deepak Adv on 7 July, 2014

Posted on June 25, 2018 by ShadesOfKnife

Awesome Judgment from Hon’ble Karnataka High Court that vividly affirms that there is no need for a No Objection certificate from a advocate if a client wants to change to a different advocate.

 

The second respondent in any event cannot hold on to the brief when the petitioner has issued a notice terminating his Vakalathnama and has sought for issue of “No objection”.

Rangegowda Vs G.Deepak Adv on 7 July, 2014

 

A earlier judgment related to same parties here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged Advocate Antics No Need Of No Objection Certificate (NOC) From Advocate Rangegowda Vs G.Deepak Adv Sandeep Pamarati | Leave a comment

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