TMI Blog2016 (12) TMI 420X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 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. - Miscellaneous First A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Sri C.V.Sudhindra Ors. vs M/s Divine Light School for Blind Ors. [ILR 2008 KAR 3983]. 4. To examine the question raised, it is relevant to refer to the following observations made by the Supreme Court in R.D.Saxena v. Balaram Prasad Sharma [AIR 2000 SC 2912]: 15. 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, therefore, hold that the refusal to return the files to the client when he demanded the same amounted to misconduct under Section 35 of the Act. Hence, the appellant in the present case is liable to punishment for such misconduct. 42. . It is true that an advocate is competent to settle the terms of his engagement and his fee by private agreement with his client but it is equally true that if such fee is not paid he has no right to retain the case papers and other documents belonging to his client. Like any other citizen, an advocate has a right to recover the fee or other amounts payable to him by the litigant by way of legal proceedings but subject to such restrictions as may be imposed by law or the rules made in that beh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocable 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 ri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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