• Advocate  - Concession - Made by counsel - Court ought not to have issued the impugned directions merely because a request was made by the learned counsel appearing for the respondents -  The same would hold true even if a concession was made by the counsel for the appellant -  The Court, while, exercising its powers under Article 227 of the Constitution of India, ought to have confined itself to the subject matter and the issues raised by parties in the Writ Petition - The digression of or expansion of the supervisory jurisdiction under Article 227 of the Constitution of India, would open precarious floodgates of litigation should the limitation on the supervisory jurisdiction not be observed mindfully - If for any reason, the Writ Court perceived the oral request made by the respondents to have justified the ends of justice and desired to accept the concession so made by the counsel for appellant-Society, the said request not being the subject matter of the Writ Petition required the Court to query whether the counsel for the appellant-Society has been authorized to make such a statement by the appellant-Society or whether any such resolution has been passed by the appellant-Society giving concession in matters of this nature - Since the required caution was not exercised by the learned Judges of the Writ Court, the directions issued by the Writ Court suffer from infirmity and hence require to be set aside  Duty of court.   (2016)3 P.L.R.SC 654
  •         Advocate  Duty of - It is the solemn duty of an advocate not to transgress the authority conferred him by the client - It is always better to seek appropriate instructions from the client or his authorized agent before making any concession which may, directly or remotely, affect the rightful legal right of the client - The advocate represents the client before the Court and conducts proceedings on behalf of the client. He is the only link between the Court and the client - Therefore his responsibility is onerous - He is expected to follow the instructions of his client rather than substitute his judgment - Bar Council of India Rules, 1975. (2016)3 P.L.R.SC 654
  •         Advocate - Admissions of fact made by a counsel  - Is binding upon their principals as long as they are unequivocal; where, however, doubt exists as to a purported admission, the Court should be wary to accept such admissions until and unless the counsel or the advocate is authorised by his principal to make such admissions - Admissions of fact. (2016)3 P.L.R.SC 654
  •         Advocate - An advocate under the Code expressly includes a group of advocates and a law firm whose partner or associate acts for the client - Bar Council of India Rules, 1975. (2016)3 P.L.R.SC 654
  •         Advocate - By now settled position of law that an advocate engaged by any party authorising him to appear on his behalf can further authorise any other advocate to appear for him if he is prevented by a reasonable cause from appearing and conducting proceedings of hearing. (178) P.L.R.
  •         Advocate - Generally admissions of fact made by a counsel is binding upon their principals as long as they are unequivocal; where, however, doubt exists as to a purported admission, the Court should be wary to accept such admissions until and unless the counsel or the advocate is authorised by his principal to make such admission. (S.C.)(180) P.L.R.
  •         Advocate - The members of the legal profession enjoys the immunity against being prosecuted for acting on behalf of the claimants and it shall be impermissible for the suit to be filed also against the lawyer who represented the plaintiffs that the suit did not make a full disclosure of all facts and the plaint was allowed on a fake  contest. (181) P.L.R.
  •         Advocate and client - A client is not bound by a statement or admission which he or his lawyer was not authorised to make -  Lawyer generally has no implied or apparent authority to make an admission or statement which would directly surrender or conclude the substantial legal rights of the client unless such an admission or statement is clearly a proper step in accomplishing the purpose for which the lawyer was employed - Neither the client nor the Court is bound by the lawyers statements or admissions as to matters of law or legal conclusions -  Thus, according to generally accepted notions of professional responsibility, lawyers should follow the clients instructions rather than substitute their judgment for that of the client - We may add that in some cases, lawyers can make decisions without consulting client - While in others, the decision is reserved for the client -  It is often said that the lawyer can make decisions as to tactics without consulting the client, while the client has a right to make decisions that can affect his rights. (2016)3 P.L.R.SC 654
  • Advocates duty to the Client  Code of ethics - Rule 26 thereunder mandates that an advocate shall not make any compromise or concession without the proper and specific instructions of his/her client  -  Code of Ethics  Advocate. (2016)3 P.L.R.SC 654