Civil Procedure Code, 1908, Order 37 -- Appearance in suit - Filing of vakalatnama would amount to appearance in as much as there is no mandate and compulsory form which must be filed as an appearance in suit...........
Criminal Procedure Code, 1973, Section 482, Rajasthan High Court Rules, 1952, Rule 431 - - Petition - Petition u/s 482 Cr.P.C. can be filed even on basis of instructions given by client (memo of appearance) and there is no compulsion to file vakalatnama on behalf of litigant in such case as per rules of 1952...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant not served with summons in suit - Their address in suit was also not correct - Defendants had no knowledge about pendency of suit - However, Advocate appeared on behalf of defendant by filing memo of appearance - Plea of defendants that they had never authorized Advocate to put in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - `Memorandum of Appearance' filed by Advocate for one date - Thereafter Advocate neither appearing on behalf of defendants nor filing Vakalatnama - Held, mere appearance of Advocate on behalf of defendants on one date of hearing by presenting `Memorandum of Appearance' is not sufficient to..........
Civil Procedure Code, 1908, Order 3, Rule 4(1) -- Counsel - Can appear on behalf of a party on proper written authorization - In certain circumstances counsel can put in appearance on oral instructions of a party provided he is authorized for the said purpose at a later stage by putting on record a signed authorization i.e. `vakalatnama' executed in his favour...........
Civil Procedure Code, 1908, Order 3, 29, 3 -- Vakalatnama - Defective vakalatnama is liable to be returned - Defects routinely found in Vakalatnamas are : (a) Failure to mention the name/s of the person/s executing the Vakalatnama, and leaving the relevant column blank; (b) Failure to disclose the name, designation or authority of the person executing the Vakalatnama on..........
Advocate -- Appearance as a witness - Advocate holding vakalatnama and power of attorney - Advocate a family member of the plaintiff - Held, being member of plaintiffs family it can safely be assumed that he must be having personal knowledge about the controversy as such he is a competent witness to testify...........
Advocates Act, 1961, Section 35 -- Professional misconduct - On basis of signed blank paper and signed blank vakalatnama Advocate fabricated compromise petition - Compromise detrimental to his client - Trial Court insisting for personal appearance of parties - Advocate appealing against trial Court's order - Ultimately securing direction from District Court to record..........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Without vakalatnama or memo of appearance, Advocate is not entitled to plead or act on behalf of that party...........
