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Vakalatnama

A Vakalatnama is a legal document in India through which a client authorizes an advocate (lawyer) to represent them in a court of law or before any legal authority.


Definition:

Vakalatnama is derived from the Persian word "vakalat", meaning "power of attorney" or "authority to represent". It is a written document signed by a litigant (client) giving permission to a lawyer to act, plead, or appear on their behalf in court.


When is Vakalatnama given?

  • It is filed along with the plaint (in civil cases) or written statement, or with the petition (in criminal or other matters) when a party appoints an advocate.

  • It is usually the first document submitted by the advocate in a case to show they have the authority to act on behalf of the client.


Why is Vakalatnama given?

  1. Legal Authority: It authorizes the advocate to:

    • File or defend a case

    • Sign documents and pleadings

    • Appear and argue in court

    • Receive documents or court orders

  2. Protects Client and Advocate:

    • Establishes a formal legal relationship

    • Limits the advocate’s power to what the client consents to

  3. Required by Court Procedure:

    • Courts require a Vakalatnama to ensure that the advocate has the client’s consent to act.


Key Contents of a Vakalatnama:

  • Name and details of the client

  • Name and enrollment number of the advocate

  • Case title and court

  • Powers given (e.g., signing, appearing, withdrawing case)

  • Client’s signature/thumb impression

  • Advocate's acceptance and signature

  • Revenue stamp (in some cases)


Important Notes:

  • No court fees are required on a Vakalatnama, except for a nominal court stamp.

  • A client can revoke a Vakalatnama at any time by giving notice.

  • An advocate can also withdraw by informing the client and court.



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