#vakalatnama

[rightnewshindi]

मैंने याचिका फाइल नहीं की, न वकालतनामे पर किए हस्ताक्षर; व्यक्ति के दावे पर सुप्रीम हुआ हैरान; वकीलों को लगाई फटकार

Supreme Court News: सुप्रीम कोर्ट में एक अजीब मामला सामने आया है। एक मामले में पेश हुए याचिकाकर्ता ने दावा कि उन्होंने कोई याचिका फाइल ही नहीं की और ना ही वह वकालतनामा में शामिल किसी वकील को जानते हैं। सुप्रीम कोर्ट ने भी मामले पर हैरानी जताते हुए वकीलों को फटकार लगाई है। दरअसल साल 2019 में इलाहाबाद हाई कोर्ट के एक फैसले के खिलाफ सुप्रीम कोर्ट में याचिका फाइल की गई थी। इसमें याचिकाकर्ता का नाम…

[seemabhatnagar]

The Supreme Court Strikes Down the Unconstitutional Resolution of the Mysore Bar Association

Rupashree H R v The State of Karnataka & others

WP Civil 538/2019

Before Supreme Court of India

The matter was heard by the Division Bench of Hon’ble Mr. Justice Vikram Nath J & Hon’ble Mr. Justice   Satish Chandra Sharma J

Order

The Apex Court quashed the resolution of Mysore Bar Association prohibiting members of the Bar from filing Vakalatnama on behalf of the present petitioner.

Fact

In the present Writ Petition Resolution of the Mysore Bar Association dt.16.03.2019 was challenged.

It was resolved by the Association that no member of the Association shall file Vaqalatnama on behalf of the present petitioner.

The matter is pending since 2019 and despite repeated notice, the Mysore Bar Association did not enter appearance.

The Apex Court stayed the Resolution of the Association vide its order dt. 06.10.2021.

On 14.11.2022 notices to Respondent no. 3(Association) were served through the Commissioner of Police, Mysore but despite the same, Association has not put in appearance.

Hence, the Apex Court proceeded Ex Parte.

Observation of the Apex Court

Such a Resolution could not have been passed.

Right to defend oneself is a Fundamental Right under Part III of the Constitution of India.

Right to appear for a client is also a Fundamental Right being a part of carrying on one’s profession as a lawyer.

As such, the said Resolution is hereby quashed.

Seema Bhatnagar

[townpostin]

NGT Case Gains Momentum as Jamshedpur Bhuiyandih Dwellers Authorize Legal Team

Vakalatnama filed to challenge demolition of 150 houses in Jamshedpur The fight against the demolition of homes in Jamshedpur’s slum areas takes a significant legal turn. JAMSHEDPUR – Residents facing eviction in Indira Nagar and Kalyan Nagar have officially authorized a team of advocates to represent them in the National Green Tribunal (NGT). Santosh Gupta, leading the Indranagar-Kalyan Nagar…

[top-divorce-lawyer]

What to Do if the Wife Does not Respond to the Notice on Divorce?

It is not necessarily true that a divorce will not be finalized if one spouse does not reply to a divorce petition. The divorce procedure can be slowed down, made more difficult, and the non-responding spouse may lose their input in how the marital estate and custody are divided if they fail to respond to the paperwork after being served. 

Everyone who receives papers from a process server should make sure to answer appropriately and within the allotted time period because failing to respond to a divorce petition is a serious mistake.

In the event that a spouse does not reply to a divorce petition, the court may yet grant the divorce. Usually, the divorce petitioner will have to provide the court with more papers, including a request for a default divorce. 

The spouse who wants to end the marriage must demonstrate to the court that the necessary documentation was filed and that the other spouse was duly informed of the divorce proceedings. The court may proceed with dissolving the marriage if it determines that the other spouse has notice of the legal proceedings and an opportunity to react.

When this happens, the divorce will be granted by the court based on the conditions stated in the initial divorce petition. The non-responsive spouse, however, will forfeit the chance to appear in court and provide arguments for his or her preferred asset division and support orders. This does not indicate that the court will automatically award the filing spouse all of the marital property.

Sometimes one of the partners would try to appear unresponsive in an effort to delay the dissolution of the marriage. For instance, a husband or wife who does not want the divorce to proceed may be tardy in providing the court with the necessary documentation or documents. Legal repercussions may result from these delay strategies. The spouse who wilfully delays in answering could be found in contempt of court.

Notice is merely a hint that more evidence is needed. You can submit a petition for divorce against the other party right away if they don't respond. She will receive notice of her appearance from the court as well. It can be presumed that your wife has accepted the contents of the notice if you send her a notice and she doesn't respond. After receiving the notice, you can proceed to file a divorce petition with the family court.

Steps:

Create a petition that outlines the circumstances and reasons for requesting a divorce. Together with affidavits, Vakalatnama, and other pertinent papers, this petition is submitted to a family court with jurisdiction.

If the court finds the petition sufficient and decides to proceed with the case, it notifies or summons the opposing party to attend on a specified day with counsel.

At this point, the court will recommend mediation for the parties, and if mediation is unsuccessful in resolving the conflict, the court will move through with the divorce process.

Both parties will appear before the court on a specific date, record their statements, present evidence, be cross-examined, and present any witnesses they may have. Then, the lawyers on both sides will present their closing remarks.

Finally, the court will render a decision and issue a divorce decree on a specific date. Within three months of the order's passage, the party who feels aggrieved may appeal it.

Documents Required:

evidence of the couple's residence

Documents pertaining to the couple's financial situation, such as tax returns and income certificates.

a marriage license

Documents that support the grounds for filing for divorce.

Even under ideal conditions, the divorce procedure can be challenging; however, when a spouse refuses to answer a divorce petition, it becomes significantly more challenging. An attorney can aid those who are filing for divorce with a non-responsive spouse by assisting them with the proper response after being served in order to safeguard their legal interests.

Divorce Lawyers in Bangalore can be appointed if the petition is filed in Bangalore. Moreover, if the petition is filed in Lucknow then Divorce Lawyer in Lucknow can also be appointed.

At Lead India, we offer a range of professional and legal services. You can ask a legal question here. Talk to a lawyer for the best advice in this scenario. Our legal staff will assist you in making wise choices. We also provide free legal advice online.

SOURCE:-

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[karunasharmaadvocates]

 Vakalatnama is essential and it is separate from a Power of Attorney at this point. Vakalatnama, a complete Act governs the use of power of attorney. The general power of attorney act, which was established in 1882, covers all of India except for Jammu and Kashmir. Section 1A of this Act states that the definition of “power of attorney” under this Act is controlled. To get more clarity about is power of attorney similar to Vakalatnama, visit this blog.

[karunasharmaadvocatedelhi]

Vakalatnama: The court’s set rules and regulations are the most significant part of the legal process. An advocate is chosen by the party that believes they have been harmed to represent them before the court.More information please read this Blog.

[eradioindia]

Fee of vakalatnama in Meerut: मेरठ में अब ये है वकालतनामा का शुल्क

Fee of vakalatnama in Meerut: मेरठ में अब ये है वकालतनामा का शुल्क

अमित उप्पल || मेरठ Fee of vakalatnama in Meerut: मेरठ में तकरीबन  30 लाख की आबादी है, यहां पर जिला और सत्र न्यायालय वह मेरठ कचहरी की स्थापना की गई है जिसमें रोजाना लाखों की तादाद में मुकदमों में सुनवाई और कार्यवाही होती है। मेरठ में दो बार एसोसिएशन है पहला मेरठ बार एसोसिएशन और दूसरा जिला बार एसोसिएशन। सालाना चुनाव किए जाते हैं जिसके तहत पदाधिकारियों का चयन होता है।  Fee of vakalatnama in…

[karunasharmaadvocate]

A vakalatnama format may be defined as a written document signed by the grantor to authorize the grantor’s advocate to present the case before the court for the specific legal problem given to the advocate. Advocacy has legal power as a consequence of signing this agreement. Now let us know about the power of attorney meaning.

[legaladvisorr]

How PoSH Act 2013 Can Into Action?

CONCLUSION

The Bombay High Court has granted recommendations to ensure the secrecy of hearings involving workplace sexual harassment of women, with the first decision. The court's guidelines in the case of P v. A & Ors.1 ("posh act 2013 Confidentiality Guidelines") address, among other things, how such cases should be heard and handled, how judgements should be documented, pronounced, and conveyed, and the precautions that should be taken when reporting such matters, as well as by the mainstream press.

The posh act 2013 Confidentiality Principles will be used by the courts as a working protocol. The goal is to keep the parties' identities hidden from even unintentional disclosure. The Bombay High Court stated that the posh act 2013 Confidentiality Guidelines are the bare minimum that courts must follow and are subject to necessary revisions or modifications.

The following instructions are included in the posh act 2013 Confidentiality Guidelines:

To protect the parties' identities, the following steps were taken:

While the Registry may request identity documents to verify the deponent's identity, no such document or personally identifiable information ("PII") will be kept on file.

The order sheets will not include the names of the parties. Instead of Plaintiff, Defendant No. 1, and so on, they will be referred to as Plaintiff, Defendant No. 1, and so on.

There will be no mention of any PII in the order, including the parties' names, email addresses, phone numbers, addresses, and so on. Furthermore, neither the names of the witnesses nor their addresses will be mentioned.

All orders and judgments will be issued in private, which means they will not be delivered in open court but rather in chambers or in-camera.

Hearings will not be held online or in a hybrid format. Physical attendance will be required at all hearings.

Instructions or merits judgments will not be submitted.

Hearings and access to confidential information:

Only the attorneys and litigants will be allowed to attend. All other staff (including clerks, peons, and others) must leave the Court except the Court Master/Associate or Sheristedar and the stenographer or person providing secretarial assistance.

Inspection of the order will be permitted only by an Advocate on Record with a valid vakalatnama.

Prohibited disclosures:

It is strictly forbidden to record any part of the proceedings in any way.

Any order that is to be released into the public domain will need to be approved by the Court. Even if permission has been granted, the order can only be published in its fully anonymized form.

Without the express permission of the court, both sides, all parties, advocates, and witnesses are prohibited from disclosing the contents of any order, judgement, or filing to the media or publishing any such material in any mode or fashion, including social media. In fact, witnesses to the crime must sign a statement of non-disclosure and confidentiality in addition to the standard oath.

Proceedings in other courts:

These guidelines bind the Labour Courts and Commercial Courts, and they must be strictly followed and adhered to now and in the future.

Failure to abide by the court's situations of anonymity, including those imposed by the media, and/or any endeavour to capture or transcribe any part of the deliberations will be considered contempt of court and punished accordingly.

The posh act 2013 goal is to create a system in which women feel safe and confident in reporting workplace sexual harassment. While the law does an admirable job of achieving that goal in a variety of ways, confidentiality has long been a crucial component that has been overlooked, particularly during litigation.

The posh act 2013 Confidentiality Guidelines are an important step in the right direction because they will serve as a guide not only for the courts, but also for the employer, ICC members, and witnesses, as well as the parties directly involved in a sexual harassment complaint at work. The Bombay High Court's decision also emphasises the importance for employers to take similar steps to ensure that sexual harassment complaints are investigated and handled confidentially without revealing the identities of those involved. The parties may now feel more confident in using the court system as a result of the posh act 2013 Confidentiality Guidelines.

[seemabhatnagar]

"Ghostly Proceedings: Court Shocked as Dead Man 'Files' FIR and 'Testifies' in Legal Blunder"

This is a case marred by glaring inconsistencies and shocking negligence which left the court utterly shocked and speechless due to horrifying lapses in the investigation and legal proceedings.

Purushottam Singh and 4 Others vs. State of U.P. and Another

Crl. Misc. Case No.8258/2020

Before the High Court of Allahabad

Hear by Hon'ble Mr. Justice Saurabh Shyam Shamshery J

Key Lapses and Shocking Revelations:

Dead Complainant Filing an FIR: The most astonishing aspect of this case is that an FIR was lodged by a person who had been deceased for three years. The complainant, Shabd Prakash, died on December 19, 2011. However, an FIR was inexplicably filed in his name in 2014, well after his death.

Statements from the Deceased: The court was further astounded when it was revealed that the deceased individual not only "lodged" the FIR but also "recorded" his statement before the Investigating Officer. This defies logic and raises serious questions about the integrity and competence of the investigation.

Legal Representation for a Ghost: Adding to the bizarre nature of the case, a vakalatnama was filed on behalf of the deceased complainant, purportedly signed by one Mamta Devi on December 19, 2023. The vakalatnama was submitted without disclosing that the complainant had passed away years before even lodging the FIR.

Quashing of Proceedings: In light of these awful errors, the court quashed the ongoing proceedings of this case, which arose in 2014. The court could not understand how the investigation was conducted to the extent that a dead person was treated as an active participant in the legal process.

Directive for Inquiry: The court directed the Superintendent of Police, Kushinagar, to investigate the matter further, particularly focusing on the conduct of the Investigating Officer responsible for this glaring oversight. The court ordered that this inquiry be placed on record.

Warning to Legal Counsel: The court took serious note of the negligence of the legal counsel, who failed to disclose the death of the complainant while submitting the vakalatnama. The court sent a copy of the order to the President of the Allahabad Bar Association, advising the concerned advocate to exercise greater caution in the future.

Seema Bhatnagar

[lawdocs51]

Get Online Vakalatnama in multiple languages-Lawdocs

A Vakalatnama is the document empowering a lawyer to act for and on behalf of his client. If want to make vakaltnama online then connect with lawdocs service here you can creates all your legal documents and contracts with easy steps. Call us today  094687 74000 or visit us on https://www.lawdocs.in/

[karunasharmaadvocatedelhi]

Vakalatnama: The court’s set rules and regulations are the most significant part of the legal process. An advocate is chosen by the party that believes they have been harmed to represent them before the court.More information please read this Blog.

[advocaterickychopra]

How a male can get divorce without mutual consent in India?

Find The Best Divorce Lawyers In India Divorce refers to the lawful dissolution of marriage. In India, the divorce laws are gender neutral and both the husband and wife can file for a divorce. Divorce is of two types one is a contested divorce and the other is a mutual consent divorce. In the mutual consent divorce, both the husband and wife together decide to take a divorce. They amicably resolve allied issues like maintenance, child custody, property disputes, etc. However, if one party refuses to give the divorce to the other or if the parties are not able to resolve their allied issues together, then the willing party can file a contested divorce,

If the wife refuses to go for a mutual consent divorce or if she’s not willing to give the divorce then the husband can opt for the contested divorce. The grounds for filing divorce lawyers in India by men, mainly include-

Cruelty- can be physical or mental, repeated denial of sex and impotency is also a ground for divorce. Even if the husband’s parents are treated with cruelty, he can file for a divorce on this ground.

Adultery — consensual sexual intercourse outside marriage.

Desertion — must be for a reasonable period of time

Mental Disorder

Conversion of religion

Renunciation of world

Spouse not heard of for 7 years

Communicable disease and impotency

The husband can file for maintenance, under special circumstances, if he is able to prove that he is unable to maintain himself. Along with the divorce, the husband can also fight for his property rights, child custody, visitation rights, etc.

Procedure to file a Contested Divorce

The procedure to file a contested divorce contains the following steps-

Vetting of a petition that clearly states the facts and the grounds for seeking a divorce. This petition is required to be filed before the family court having the requisite jurisdiction along with the vakalatnama, affidavits and other relevant documents.

The court scrutinises the case and if it finds reasonable grounds then it proceeds with the case. It sends a notice to the other party to complete his filing and appear with his lawyer on the pre decided date.

The court then suggests if the parties wish to opt for mediation. If the mediation fails to resolve the dispute or if the case is complex in nature, then the court proceeds with the divorce proceedings.

The court then asks both the parties to appear before it, give their statements, submit evidences. The court also completes the process of cross examination of the witnesses on a pre decided date. Then both the parties present their final arguments.

The court after analysing the facts and arguments of each case passes its judgment. The party which is not satisfied with the order of the court can file an appeal within 3 months.

Men must hire an expert family lawyer to get their divorce issues resolved. He must hire an experienced lawyer to save himself from the exploitation at the hands of the opposite party.

For all your divorce and family law-related queries, you may refer to www.Rickychopra.co Our team has experience of dealing with diverse legal matters for more than 3 decades. We provide cost-effective, practical solutions to our clients. We have a dedicated team dealing with divorce and family-related matters.