Suit Procedure. However, due to lack of knowledge of Law and Technical Procedures, Lawyers are engaged to report the interest of parties. On General Terms, a Vakalatnama may contain the falling terms :. The client will not hold the Advocate responsible for any decision.
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As per Advance Law Lexicon Vakalatnama includes memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any court, tribunal or other authority.
A Vakalatnama is the document empowering a lawyer to act for and on behalf of his client. A Vakalatnama under which a lawyer is empowered to act may be general. A lawyer holding a Vakalatnama can hardly be said to be a person without authority. The rule of construction a document appointing an agent is different from that of construing a Vakalatnama appointing a counsel.
A pleader is defined under section 2 15 of the Civil Procedure Code, , as follows-. Though in a sense a Vakalatnama is a power-of-attorney, in the matter of construction, courts have drawn a distinction between the two and in the application of the principles of construction, most of the courts while interpreting a power-of-attorney strictly have interpreted a Vakalatnama liberally so as to infer the conferment of large and wide powers on the counsel.
Section 1A — Definition in The Power of Attorney Act, , includes any instrumentals empowering a specified person to act for and in the name of the person executing it. The donor of the power is called the principal or constituent; the donee is called the attorney. The latter is not entitled to exercise his powers for this own benefit, e. Power-of-Attorney, is a formal instrument by which one person empowers another to represent him or act in his stead for certain purposes.
This is the definition that we get in the Indian Stamp Act, AIR Bom For the purpose of this case reference to one of the earlier decisions of Chhagla C. National Rayon corporation Ltd. To hold otherwise would be to defeat the provisions of the Advocates Act. They said that it would be a violation of s 32 of Advocates Act, A person in whose favour a power-of-attorney has been given. Can a lawyer holding a vakalatnama delegate this power to any other person? Can a non-lawyer power of attorney holder from a principal sign vakalatnama on behaf of the principal?
Can a delegated power be redeligated? To sum-up power of attorney to practice law can only be given to Advocates enrolled with Bar Council. Those judgments are clearly over ridden by the fact that various taxation statutes permits persons other lawyers as well Qualified otherwise for pleading cases before Tax authorities and Tribunal, that is express provision.
So i would assume that above judgments are in context where express provisions are not provided for appear to plead before authorities. Cool article, thanks. Vakalatnama can be issued in favour of a practising advocate only whereas Power of Attorney can be issued in favour of any person, there is no qualification requirement.
CA Shailesh Urdhwareshe says:. Samson Parker says:. September 25, at am. Cancel reply Leave a Comment Your email address will not be published. Latest Posts. Popular Posts. Featured Posts. Newsletter Join our newsletter to stay updated on Taxation and Corporate Law.
Vakalatnama format. Download Vakalatnama in Microsoft Word format
As per Advance Law Lexicon Vakalatnama includes memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any court, tribunal or other authority. A Vakalatnama is the document empowering a lawyer to act for and on behalf of his client. A Vakalatnama under which a lawyer is empowered to act may be general. A lawyer holding a Vakalatnama can hardly be said to be a person without authority. The rule of construction a document appointing an agent is different from that of construing a Vakalatnama appointing a counsel.
Vakalatnama- Content, Terms, Validity, Format, How To Cancel
To sign, file, verify and present pleadings, appeals, cross-objections or petitions for executions review revision, withdrawal, compromise or other petitions or affidavits or other documents as may be deemed necessary or proper for the prosecution of the said case in all its stages subject to payment of fees for each stage. To withdraw or compromise the said case or submit to arbitration any differences or disputes that may arise touching or in any manner relating to the said case. To deposit, draw and receive monthly cheques, cash and grant receipts thereof and to do all other acts and things which may be necessary to be done for the progress and in the course of the prosecution of the said case. To appoint and instruct any other Legal Practitioner authorising him to exercise the power and authority hereby conferred upon the Advocate whenever he may think fit to do so and to sign the power of attorney on our behalf. The adjournment costs whenever ordered by the Court shall be of the Advocate which he shall receive and retain for himself.