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..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Apartment complex - Appointment of Commissioner to know the exact extent of alleged encroachment or alleged alteration to any building can be satisfied only by appointment of an Advocate Commissioner - Application allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Apartment complex - Encroachment or alteration - Plea of defendant that plaintiff himself has produced photos of the actual site and that there was no necessity for appointment of Commissioner - Task of an Advocate Commissioner would throw more light into the actual facts on the spot and..........
Civil Procedure Code, 1908, Order 3, Rule 1, Advocates Act, 1961, Section 32 -- Power of attorney holder - S.32 of Advocates Act does not create bar for GPA holder to represent a party as such, if said GPA holder during pendency of proceedings gets enrolled as an advocate...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - After spending 10 years in litigation - Precious judicial time of almost 10 years of Court consumed - Accused to deposit an additional sum of Rs.5 lakhs with Supreme Court Advocate-on-record Advocates Welfare Fund...........
Indian Penal Code, 1860, Section 420, 406 -- Offence u/ss 420, 406 IPC against Advocate for not obtaining favourable orders in favour of his client - An Advocate can only appear and make his best efforts in the matter - No Advocate can either state or hold that he would obtain favourable orders nor could a client believe that an Advocate will definitely obtain favourable..........
Criminal Procedure Code, 1973, Section 228 -- Charge - Advocate - If any legal advice rendered by an Advocate goes wrong, same would not subject him to criminal prosecution, as a lawyer - Order framing charge quashed and set aside and petitioner discharged of all the charges/offences alleged against him...........
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...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2 years 29 days in filing application to restore suit dismissed in default - Plaintiffs were not informed by advocate representing them about dismissal of suit - Immediately on coming to know about such dismissal of suit, plaintiffs acted upon and filed necessary application - Delay condoned subject to cost..........
