Indian Penal Code, 1860, Section 420, 406, 465, 467, 468, 471, 474, 166, 167, 193, 196, 199, 201, 203, 255, 260, 261, 262, 120B -- Cheating - Allegation that appellant in connivance with A-1/power of attorney holder filed tenancy case by showing power of attorney as genuine and impersonated one dead person as landlord - However, signatures on tenancy case and below the..........
Bar Resolution -- Bar association resolution that no member of bar would file a vakalatnama on behalf of petitioner - Held, such resolution could not have been passed, as right to defend oneself is a Fundamental right under Part III of Constitution and further right to appear for a client is also a fundamental right being a part of carrying on one's profession as a lawyer..........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Vakalatnama - Authority of counsel - Counsel generally has no implied authority to make an admission or statement, which would directly surrender or conclude the substantial legal rights of client, unless such an admission or statement is clearly a proper step in accomplishing the purpose for which lawyer was employed...........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Vakalatnama - Authority of counsel - Withdrawal of appeal - Appeal was withdrawn by counsel by making the statement that he does not want to proceed further with the appeal - In the said statement, he had not stated about any such instructions, having received from petitioner/appellant - Counsel in such circumstances had no..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Once the counsel had withdrawn his Vakalatnama, in normal course, trial Court ought to have issued notice to defendants to engage another counsel - However, trial Court committed error by proceeding ex parte...........
Civil Procedure Code, 1908, Order 21, Rule 89, 90, 106 -- Auction sale - Setting aside - JD contended that he was not aware of decree as trial Court passed ex parte decree against him - However, Advocate was appointed by JD who filed vakalatnama and also filed written statement and counter in petition seeking attachment of property - Even, contention of JD that he was not..........
Criminal Procedure Code, 1973, Section 24(8) -- Special Public Prosecutor - Acceptance of Vakalatnama for victim appears to be just not proper and therefore, cannot be allowed to conduct prosecution as Special Public Prosecutor or Public Prosecutor must be independent having no connection or relation either with accused or with victim...........
Supreme Court Rules, 2013, Order 4, Rule 7(a), (b) -- Vakalatnama - If Vakalatnama is executed in presence of Advocate-on-Record himself, it is his duty to certify that execution was made in his presence - This certification is not an empty formality - If he knows the litigant personally he can certify the execution - If he does not personally know litigant, he must verify..........
Supreme Court Rules, 2013, Order 4, Rule 7(a), (b) -- Vakalatnama - If Vakalatnama is not signed by client in presence of Advocate-on-Record, he must ensure that it bears his endorsement as required by O.4.R.7(b)(ii) - Compliance of said Rule is thus, very important...........
Civil Procedure Code, 1908, Order 27, Rule 1 -- Suits by or against Government - Authorization to sign and verify papers, affidavits and vakalatnama - Only officers appointed by Government U.O.27.R.1 CPC can sign and verify papers, affidavits and vakalatnama in legal proceedings - Said power cannot be delegated to any other officers, not appointed by Government...........
