NOC
6 years ago
My lawyer is not giving me NOC as he wants to earn more money from me without fighting the case genuinely.
Can I appoint new lawyer from this site without taking NOC from the previous one.
Deepak Yashwantrao Bade
Responded 5 years ago
A.dear client in your matter If you appoint some other lawyer without getting NOC from the AOR then the other lawyer so appointed will fall under the clutches of professional mis-conduct and the judge is bound to dismiss the petition from your current lawyer irrespective of any fact.If your current lawyer is not giving NOC then you have to ask it from him and if he denies there are well established procedures for obtaining the same. you may take a consultation for further advice.
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A.Karnataka HC Asks Registries To Accept Vakalatnama Of New Advocates, Without Insisting On NOC From Previous Ones [Read Order]...
Dear Sir,
Recently the Karnataka High Court held that no NOC is required to engage another advocate. The aggrieved previous advocate may file a suit for recovery of money if his client is due in any fees. Further advocate cannot deny return off file or any documents relating to the client. Apart from this you are at liberty to file a complaint with State Bar Council of that State against such advocate initiation of disciplinary proceedings against him. For any doubts please call me.
Karnataka HC Asks Registries To Accept Vakalatnama Of New Advocates, Without Insisting On NOC From Previous Ones [Read Order]...
The Karnataka High Court in Karnataka Power Transmission Corporation vs. M. Rajashekar, has ruled that courts, tribunals or other authorities shall not ask for ‘no objection’ of the advocate already on record, to accept the vakalatnama filed by a new advocate of his choice Referring to R.D.Saxena v. Balaram Prasad Sharma, the Court said that a party to a litigation has the freedom to change his advocate any time and for whatever reason. However, fairness demands that the party should inform his advocate already on record, though this is not a condition precedent to appoint a new advocate, the Bench said....
Dear Sir,
Recently the Karnataka High Court held that no NOC is required to engage another advocate. The aggrieved previous advocate may file a suit for recovery of money if his client is due in any fees. Further advocate cannot deny return off file or any documents relating to the client. Apart from this you are at liberty to file a complaint with State Bar Council of that State against such advocate initiation of disciplinary proceedings against him. For any doubts please call me.
Karnataka HC Asks Registries To Accept Vakalatnama Of New Advocates, Without Insisting On NOC From Previous Ones [Read Order]...
The Karnataka High Court in Karnataka Power Transmission Corporation vs. M. Rajashekar, has ruled that courts, tribunals or other authorities shall not ask for ‘no objection’ of the advocate already on record, to accept the vakalatnama filed by a new advocate of his choice Referring to R.D.Saxena v. Balaram Prasad Sharma, the Court said that a party to a litigation has the freedom to change his advocate any time and for whatever reason. However, fairness demands that the party should inform his advocate already on record, though this is not a condition precedent to appoint a new advocate, the Bench said....
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Ambrose Leo
Responded 6 years ago
A.You have not stated in the case in District or High Court, You can appoint a reputed senior lawyer to defend the case with all the facts of the case, he may guide & help you with case.
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Debolina Das
Responded 6 years ago
A.If the lawyer is not appearing and is not ready to give NOC after clearance of all his fees then you can file an complaint/ application before the court, and you can ask/pray the court to appoint a consel for you or pass an direction to the advocate to appear for the purpose of giving NOC, so that you can engage a new lawyer
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Nirmal Chopra
Responded 6 years ago
A.Yes you can and if there is objectiion raised by the court .you can move an application and seek permission of the court to appoint a new advocate
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A.See there is no rule which says that you have to get NOC but it is an understanding for the new lawyer that earlier one has completely exited from the case otherwise it will create embarrassing situation for both lawyers. Secondly with NOC you also will have to bring the case file from the old/ current lawyer.
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Deepak Kumar Singh
Replied 6 years ago
But that lawyer is not cooperating... so what to do
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