వకాలత్నామ

వకాలత్నామ: ఇది ఏమిటి

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.

మీకు ఈ పత్రం అవసరమైనప్పుడు

• 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.

ఇది ఏమి కవర్ చేస్తుంది

• 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.

దాన్ని ఎలా పూరించాలి, సంతకం చేయాలి మరియు ఉపయోగించాలి

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6. 6Keep a copy, and note that the advocate can act for you until it is withdrawn with the court's leave or the case ends.

జతచేయవలసిన లేదా దానితో ఉంచవలసిన పత్రాలు

• 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

దీని వెనుక ఉన్న చట్టం

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.

నివారించడానికి సాధారణ తప్పులు

• 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.

వకాలత్నామ: తరచుగా అడిగే ప్రశ్నలు