Advocates Act, 1961, Section 34, 35 -- Change of counsel - Unpaid fee - Advocate on termination of attorney has no lien over the litigation files for his unpaid fee - Refusal to return file to client amounts to misconduct - If Advocate has any genuine claim or grievance against his client the appropriate course is to return his brief with endorsement of no objection and..........
Advocates Act, 1961, Section 34 -- Rule 11 of Rules made by High Court of Punjab & Haryana - Change of counsel - Can be with consent of counsel already engaged - Consent if not produced then new counsel can apply to the Court stating the reasons why the said consent could not be produced and he could appear only after obtaining the permission of the Court...........
Advocates Act, 1961, Section 34 -- Change of counsel - Contract of vakalatnama can be withdrawn by client at any time and if the client has lost his confidence and faith in the advocate, he can terminate the vakalatnama and seek return of the file...........
Advocates Act, 1961, Section 35 -- Two Advocates connived with the parties and became instrument in obtaining orders by way of collusion - Thus, becoming participants in fraud on the court - Held, if any judgment or order is obtained by fraud, it cannot be said to be a judgment or order in law - Case of two Advocates referred to Bar Council for appropriate action...........
Advocates Act, 1961, Section 30 - - Senior advocates - Restrictions thereon - Held, senior advocate has to appear only through an advocate on record and he has to be engaged as such, without whom he cannot straightaway make any appearance - He shall not file vakalat or act in any court or tribunal or before any person or authority as mentioned in S.30 of the Act...........
Advocates Act, 1961, Section 34 -- Counsel - There is no presumption that only because two lawyers are practicing from the same chamber, they would breach their confidentiality or commit some act which would amount to professional misconduct...........
Industrial Disputes Act, 1947, Section 36(4) -- Authorised representative - Legal Secretary - The authorised representative of respondent No. 1 holding a licence under the Advocates Act and is also a member of the District Bar Association - Contention that he would not fall within ambit of Section 36(4) of the ID Act repelled...........
Indian Penal Code, 1860, Section 302 -- Murder in Court premises - Acquittal by trial Court - Conviction by High Court - Prosecution not proved case beyond reasonable doubt - 8 PWs including the informant who were independent witnesses did not supported the prosecution case - Prosecution case also not supported by medical evidence and report of FSL - PW who knew the..........
Constitution of India, 1950, Article 21, 226 -- Professional misconduct - Strike by Advocates - Fundamental right of litigant - Violation thereof - Held, a strike or a call by lawyers or a call to boycott or to compel brother lawyers not to represent a prospective litigant clearly impinges on his fundamental right to be represented by a counsel of his choice and for speedy..........
Constitution of India, 1950, Article 226, 227, Bar Council of India Rules, Rule 4, 2(f), 49 -- Writ petition - Deputy Advocate General permitted to take part in Bar Council election - Challenging of prepared electoral roll - Ground of disqualification to contest election u/s.2(f) of the Act - Law Officer engaged for services of office of Advocate General cannot be excluded..........
