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Ravi Prasad
in Civil Law
Asked July 08, 2017

Obtain NOC from Lawyer

  • 1 Answer
  • 1505 Views

how to get noc from lawyer in the middle of the case

Answer 1

There is no prescribed format to get a No Objection Certificate (NOC) from the lawyer. When there is a need to change your advocate, you may require the consent or “no-objection” from the existing advocate. However, the NOC is not mandatory to get one. In case of a civil matter, as per Order 3 Rule 4. Of the Code of Civil Procedure (CPC), a client has the opportunity to change his counsel during the pendency of a case and is entitled with leave of the court to do so. Similarly, in case of a criminal matter, Section 303 of the Code of Criminal Procedure(CrPC) gives a person against whom proceedings are instituted a right to be defended by a pleader of his choice. Therefore, in case of change of advocate, you need to take inform the court and take its permission. As noted in the case Union v. Radheysham,  that leave, or permission, will be subject to the condition that he pays the fee determined by the court granting the leave.[1] However, it should be noted that the advocate cannot insist payment of fees as a condition to give consent for change of counsel.

 

Source:

  • Sarkar Code of Civil Procedure, Vol 1, 10th edition 2002
  • Sarkar The Code of Criminal Procedure, Vol 2, 11th edition 2015
  • Union v. Radheysham [ A 1979 Raj 137 ]

 

 

[1] Union v. Radheysham [ A 1979 Raj 137 ]

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