വകാലത്നാമ

വകാലത്നാമ: അത് എന്താണ്

A vakalatnama is the written authority a party signs to appoint an advocate to appear, act and plead for them in a case. Once it is filed in court, the advocate can file documents, receive notices and orders, and take steps in the case on the client's behalf, and the client agrees to be bound by what the advocate does within that authority.

നിങ്ങൾക്ക് ഈ രേഖ ആവശ്യമുള്ളപ്പോൾ

• You have hired an advocate to file a suit, complaint, petition or appeal for you.
• You received a court summons or notice and your advocate needs to appear for you.
• You are changing advocates in a pending case and the new advocate must file a fresh vakalatnama.
• A family member is in custody and an advocate needs authority to move a bail application.

അത് എന്താണ് ഉൾക്കൊള്ളുന്നത്

• The client's name and address and the appointment of a named advocate with enrollment number.
• Authority to appear, act and plead before the court and connected authorities in the described matter.
• Case details: case number and court, where known.
• Powers to file pleadings, applications and appeals, receive notices and orders, and withdraw or compromise the case.
• The client's ratification of all acts done by the advocate under this authority.
• Date of execution, the client's signature, and the advocate's signature accepting the brief.

അത് എങ്ങനെ പൂരിപ്പിക്കുകയും ഒപ്പിടുകയും ഉപയോഗിക്കുകയും ചെയ്യാം

1. 1Confirm the advocate's full name and Bar Council enrollment number and the exact case number and court.
2. 2Fill in the details, then ask your advocate to check the wording, because courts and High Courts often insist on their own printed vakalatnama form and the power to compromise or withdraw is a significant authority to give.
3. 3Sign as the client. Where there are several clients, each one usually signs, and a company signs through an authorised person.
4. 4The advocate signs to accept it and adds enrollment details and the address for service.
5. 5Affix any advocates' welfare fund stamp or court fee stamp required in your state, then file it with the court registry or at the first hearing.
6. 6Keep a copy, and note that the advocate can act for you until it is withdrawn with the court's leave or the case ends.

അറ്റാച്ചുചെയ്യാനോ സൂക്ഷിക്കാനോ ഉള്ള രേഖകൾ

• Board resolution or authority letter, where the client is a company, firm or society
• Copy of the summons or notice, if responding to a case
• Advocate's welfare fund stamp or court fee stamp, where required by the state or court

അതിന് പിന്നിലെ നിയമം

The Advocates Act, 1961 gives enrolled advocates the right to practise and appear before courts. In civil cases, Order III Rule 4 of the Code of Civil Procedure, 1908 requires an advocate's appointment to be in writing, signed by the party and filed in court. It stays in force until it is ended with the court's leave, the client or advocate dies, or the proceedings end. Criminal courts also require a vakalatnama or memo of appearance. In the Supreme Court only an Advocate-on-Record can file a vakalatnama. Stamp and welfare fund requirements are set by state laws and court rules.

ഒഴിവാക്കേണ്ട സാധാരണ തെറ്റുകൾ

• Leaving the case number, court or advocate's enrollment number blank or wrong.
• Not getting every party signature, such as only one of several co-plaintiffs signing.
• Missing the welfare fund or court fee stamp that the local court requires, so the registry returns it.
• Engaging a new advocate without the old advocate's no objection or the court's leave, which delays the change.

വകാലത്നാമ: പതിവായി ചോദിക്കുന്ന ചോദ്യങ്ങൾ