• Maintainability of Advocate's statement before court, without consent of his client

Whether appointed advocate can make certain specific request to court, accepting offer of respondents, on this basis the Court passed order against his client, The said specific request was made by advocate, without taking instructions / consent / discussing from his client , resulting the irreparable loss of his client, which cannot be compensate by any means.

The Question 1 : whether advocate can make certain spectific request which will go against his client ? whether the said action taken by advocate is maintainable in Law. 

The Question 2 : whether High court can substitute the order of lower court under article 227 of constitution, even presuming that consent given by advocate for such order. According to me there is no provision of substituting the order of lower court. Either High court has to upheld the order or set aside the order of lower court. which is true ? 

I need specific ciatation of Supreme Court on this type of maintainability and for second question. I am ready to pay extra charges to avail the same.
Asked 6 months ago in Civil Law from Satara, Maharashtra

Veeramma v. Appayya the erudite Justice Vishwanatha Sastri expounded the law relating to admission by counsel



"It was argued before me that this admission was due to a misapprehension of the law. On question of fact parties are bound by the admissions of their advocates, whether made in the course of the trial or in the appellate court, because an advocate's general powers in the conduct of a suit include the abandonment of an issue of fact, which in his discretion, he thinks it inadvisable to press. (Venkata v. Bashyakarlu5 and Ulichi Kotayya v. Nallamalli Sreeramula6) Such admissions cannot be resiled from merely on the ground that the party or his advocate was not posted with all the facts at the time.

 

2) advocate can make request to court on client behalf 

 

3) HC has to uphold or set aside order passed by trial court 

Ajay Sethi
Advocate, Mumbai
67939 Answers
4102 Consultations

5.0 on 5.0

1. If the advocate has valid vakalat nama signed before the court he can make such statements and it will hold valid.

2.  The high court can modify the orders can pass further orders it is law.

But the position is clear if advocate had valid authorisation the compromise is valid.

https://www.google.com/amp/s/www.livelaw.in/amp/client-lawyer-relationship-supreme-court-reiterates-principles/

Shubham Jhajharia
Advocate, Ahmedabad
20098 Answers
79 Consultations

5.0 on 5.0

1. No he has to do it with consent of clients. 

2.Hc can pass necessary directions under its inherent powers

Prashant Nayak
Advocate, Mumbai
13645 Answers
23 Consultations

4.6 on 5.0

In the interest of client, advocate can but no such statement acceptable against the client which is effecting the claim is client and on same ground, order can be recalled.

Yes under article 227 supervisory jurisdiction. Not substituting but recalled.

Provide order.

Yogendra Singh Rajawat
Advocate, Jaipur
13877 Answers
18 Consultations

4.6 on 5.0

1. Not at all, he can't act in such a manner, this is not only ridiculous but highly objectionable, if have been to irreparable loss then make complaint to the court in this matter narrating full facts and also to Bar Council for this act of negligence deliberately and appeal against the said order before the higher court or go for revision as the case may be.

2. Yes, you are right but Hon'ble High Court may pass stricture against advocate and also against the court who have acted in such a irresponsible manner.

Koshal Kumar Vatsa
Advocate, Gurgaon
1805 Answers
1 Consultation

5.0 on 5.0

Hi, the VAKALATNAMA signed by you while engaging the lawyer , gives certain rights to the lawyers for making such decision ..However you can complaint to the bar association if any loss is caused to you by his professional conduct 

Hemant Chaudhary
Advocate, Gurgaon
4276 Answers
31 Consultations

4.9 on 5.0

  1. There has always been a presumption that when an advocate is giving the statement before the court then he would be stand valid and cannot be challenged.
  2. But, there are Hon’ble Supreme Court judgments which say that mere presence of the client in court may not be sufficient that he gave consent to the advocate and in your case as per the informations mentioned in the above query, client was not there.
  3. Yes, Hon’ble High Court can set aside the lower court, but would need a good argument.

Sanjay Baniwal
Advocate, South Delhi
4923 Answers
11 Consultations

5.0 on 5.0

Advocate must take instructions from his client before he makes any suggestion to court and takes an order in pursuance of that suggestion 

High Court has only to check whether the order passed by the court which is under challenge in WP, has been passed by that court within the bounds of its jurisdiction and within the four corners of law and by appreciating the merits of the case by looking into the pleadings, documents and evidence of the contesting parties

How much are you willing to pay for doing legal research on the above two questions?

 

Yusuf Rampurawala
Advocate, Mumbai
4571 Answers
28 Consultations

5.0 on 5.0

1.  The said action is maintainable in law because the client has authorised the advocate to initiate all action in this case on behalf of the client hence there is no illegality in it, however if you are aggrieved over the activities of your advocate which caused you severe damages or loss, then you may prefer a complaint against him with the concerned bar association or bar council.

2. There is no provision in law for this until there is an appeal against the order of the lower court, however the party whose advocate has acted against his interests has to prefer an appeal against this stating the reasons which are reasonable.

 

T Kalaiselvan
Advocate, Vellore
57630 Answers
724 Consultations

5.0 on 5.0

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