High Court (India)

February 26, 2019

No Objection from existing counsel required to engage a new counsel: Karnataka HC


karnataka-high-court

Division Bench of Karnataka High Court held that ‘No Objection Certificate’ has to be obtained from existing Advocate who still holds vakalath, no new counsel can enter appearance on record.

It further stated that the submission of reliance made on the previous Judgement of the same Court passed in KPTCL v. M. Rajashekar & Ors where it was held that No Objection is not necessary to file vakalath, is misconceived and that the counsel had misread the aforesaid Judgement. It clarified that ‘No Objection Certificate’ is not required only in a situation where the Advocate is discharged by his client in a manner known to law, only then a new counsel can enter vakalath without a ‘No Objection Certificate’. But, when the earlier Counsel still holds a valid vakalath, the question of a new Advocate entering the case cannot be accepted.

(Bhagya&orsvs Jayalakshmi & ors, RFA 831/2013, decided on 13 February 2019, Justice Ravi Malimath and Justice B.M. Shyam Prasad)

Related Post

latest News

  • Group insolvency laws under consideration of IBBI: M.S. Sahoo

    According to M.S. Sahoo, Chairperson of Insolvency and Bankruptcy Board of India (IBBI) – the insolvency regulator in the country, IBBI is currently...

    Read More
  • DSK Legal act for Zurich Airport International AG in its bid for Jewar Airport

    Switzerland’s Zurich Airport International AG emerged as the highest bidder for the proposed international airport at Jewar, Uttar Pradesh, on the o...

    Read More
  • Group Of Jaypee Infratech Homebuyers Approach Supreme Court Challenging NCLAT Order On Resolution Plan

    A group of Jaypee homebuyers has approached the Supreme Court challenging the National Company Law Appellate Tribunal (NCLAT) order.

    Read More
shares