Central Administrative Tribunal
8 months ago
Possibility of filing a CAT case through AGS/Defense Assistant who is not a lawyer but well versed with the case
A.Dear Client,
Order III Rule 1 of the Civil Procedure Code(CPC), 1908 states that “any appearance, application or act in or to any Court, required or authorized by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf, Provided that any such appearance shall, if the Court so directs, be made by the party in person.”. So, an appearance in the court can be made by a recognized person/agent; at the discretion of the particular court. Further, Sec.32 of the Advocates Act, 1961 states under the heading “Power of Court to permit appearances in particular cases — Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.”. Therefore, it is made clear that the Advocate’s Act allows any person who is not enrolled as an Advocate under this Act to appear before a court. However, the same is again at the sole discretion of that court. So, if you have confidence on a person who is well-versed in your grievance and can represent your case suitably and efficiently before the CAT, you can make an application before the Court praying for permission to represent your case by a person other than an Advocate. If the Court allows your prayer applying its discretionary power, you may file your case before the Court accordingly.
Order III Rule 1 of the Civil Procedure Code(CPC), 1908 states that “any appearance, application or act in or to any Court, required or authorized by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf, Provided that any such appearance shall, if the Court so directs, be made by the party in person.”. So, an appearance in the court can be made by a recognized person/agent; at the discretion of the particular court. Further, Sec.32 of the Advocates Act, 1961 states under the heading “Power of Court to permit appearances in particular cases — Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.”. Therefore, it is made clear that the Advocate’s Act allows any person who is not enrolled as an Advocate under this Act to appear before a court. However, the same is again at the sole discretion of that court. So, if you have confidence on a person who is well-versed in your grievance and can represent your case suitably and efficiently before the CAT, you can make an application before the Court praying for permission to represent your case by a person other than an Advocate. If the Court allows your prayer applying its discretionary power, you may file your case before the Court accordingly.
Helpful
Helpful
Share
A.Dear client,
In India, a CAT (Central Administrative Tribunal) case is filed in the Central Administrative Tribunal, which handles disputes related to the recruitment and conditions of service of public servants working in the central government and some state government establishments.
While it is possible for an individual to file a CAT case themselves, it is highly recommended to seek the assistance of a qualified lawyer who specializes in administrative law and is familiar with the CAT procedures and legal requirements. A lawyer's expertise can significantly improve the chances of success in presenting and arguing your case effectively.
Even though someone, such as an AGS (Advocate General's Staff) or a Defense Assistant, may be well-versed with the details of the case, they may not have the legal training and experience needed to navigate the intricacies of the legal process, research relevant precedents, and present the case in the most compelling manner.
A lawyer can offer valuable advice on the strength of your case, help gather evidence, draft the necessary legal documents, and represent you during hearings. They can also ensure that all legal formalities are followed correctly, increasing the likelihood of a favorable outcome.
While it's commendable to have someone knowledgeable about the case, when it comes to legal matters like filing a CAT case, it is best to have a qualified lawyer by your side to guide you through the process and protect your interests effectively.
In India, a CAT (Central Administrative Tribunal) case is filed in the Central Administrative Tribunal, which handles disputes related to the recruitment and conditions of service of public servants working in the central government and some state government establishments.
While it is possible for an individual to file a CAT case themselves, it is highly recommended to seek the assistance of a qualified lawyer who specializes in administrative law and is familiar with the CAT procedures and legal requirements. A lawyer's expertise can significantly improve the chances of success in presenting and arguing your case effectively.
Even though someone, such as an AGS (Advocate General's Staff) or a Defense Assistant, may be well-versed with the details of the case, they may not have the legal training and experience needed to navigate the intricacies of the legal process, research relevant precedents, and present the case in the most compelling manner.
A lawyer can offer valuable advice on the strength of your case, help gather evidence, draft the necessary legal documents, and represent you during hearings. They can also ensure that all legal formalities are followed correctly, increasing the likelihood of a favorable outcome.
While it's commendable to have someone knowledgeable about the case, when it comes to legal matters like filing a CAT case, it is best to have a qualified lawyer by your side to guide you through the process and protect your interests effectively.
Helpful
Helpful
Share
Read Related Answers
Unfreeze Paytm account
Dear Sir/Madam,
Under the following provisions the Hon’ble Magistrate Court having ample powers to unfreeze the Bank accounts. Further, the Hon’ble Court has vast powers to hand over the properties/v...
Harrasment
Dear Sir,
That is what is happening in India. Most of the young people being terminated and instead of termination the Management bring pressures so that the employees resign by themselves. Please app...
Immediate relieving by employer
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
labou...
Question about legal age to own a own mobile phone in india
Dear Client,
There is no specific age for teens to get a phone in India as it depends on the parents' discretion and their financial capability. However, it is generally recommended for parents to g...
WPC License type to use Walkie-Talkie for Business Operations
Dear Sir,
You may get in touch with concerned department and get to know more details from the department of communications.
Read Blogs on Telecommunication
Telecommunication Lawyers
Find Lawyers by Location
