Advocate Rohan Akshayy

Questions Answered by Advocate Rohan Akshayy (25+ answers)

Q: Confusing by my sister Lawyer amit chaudhary and Jyoti yadav

I wish to submit a complaint regarding Advocate Amit Chaudhary of Saket Court, who is representing my sister. It has been observed that his conduct in handling the case is creating confusion and appears to be diverting the matter from its proper course. There is also a serious concern that his actions may not be aligned with the best interests of his client.

Advocate Rohan Akshayy answered
Dear Client,Your concern is valid and legally actionable. If an advocate is creating confusion in the case and acting against the best interests of his client (your sister), the following remedies are available:1. Immediate step — Change the Advocate:Your sister, as the client, has an absolute right to discharge/terminate her advocate at any time. She can file a formal discharge application before the Family Court and engage a new lawyer by filing a fresh vakalatnama.2. Complaint to Bar Council of Delhi — Under Section 35, Advocates Act 1961:A formal complaint can be filed against the advocate at the Bar Council of Delhi for professional misconduct.3. Grounds applicable here:Under Bar Council of India Rules, an advocate is duty-bound to uphold the interest of his client fearlessly and honestly. Deliberately creating confusion, diverting the case, or acting against the client’s interest are actionable grounds of professional misconduct.4. Also consider:A complaint can also be addressed to the Saket District Bar Association for local disciplinary action, which can be faster and more immediate.Please consult a trusted advocate near Saket Courts to assist your sister in both replacing her lawyer and filing the Bar Council complaint simultaneously.Regards

Q: My lawyer is not working for me needs papaer from vakalath

My current lawyer is wathdrawn from my divorce case. To get NOC from him he said get papers from valkalth you hired I will give NOC. Is it correct process?

Advocate Rohan Akshayy answered
Hi, Your current lawyer's demand that you first get papers signed by a new lawyer (vakalatnama) before he gives you an NOC is *not the correct legal process.Here is the correct procedure under Indian law:1. Your right to change lawyers is absolute** — Under Order 3 Rule 4 of CPC and established case law, a client can discharge/change their advocate at any point in time without any mandatory pre-condition.2. NOC is helpful but NOT mandatory** — Courts have repeatedly held that no law compels a client to obtain NOC from the previous advocate before engaging a new one; the party only needs to formally inform the court of the change.3. If your lawyer has already made a statement in court that he is withdrawing from the case (i.e., he has orally/on record expressed intent to withdraw his vakalatnama), then his vakalatnama stands discharged before the court and you can directly engage a new lawyer and file a fresh vakalatnama.4. If he refuses NOC, you can: - Send him a written notice (even WhatsApp) formally discharging him. - File a formal application/memo before the Family Court informing that you are terminating his services and seeking court permission to appoint new counsel. - The court will record this, and your new lawyer can file a fresh vakalatnama.5. Demanding a new lawyer's vakalatnama as a pre-condition for NOC is legally untenable and if he withholds your case file, it can amount to professional misconduct under Section 35 of the Advocates Act, 1961.In short — do not comply with this incorrect condition; approach the Family Court directly with a discharge application and engage your new counsel.

Q: Family pension record and aadhar dob mismatch

My mother’s Aadhaar has an incorrect date of birth because the voter ID earlier had a wrong entry. Her correct date of birth is 15-01-1952, which is recorded in the Government of India pension records of my late father (who retired in 2004) issued by the Central Pension Accounting Office (CPAO). Since she does not have a birth certificate due to her age, we are requesting UIDAI to correct the DOB but they rejected it. My mother doesnt any other certificate. What to do?

Advocate Rohan Akshayy answered
Hi, i also have issue with CPAO regarding illegal deduction of pension of my grandmother for which i filed a case and same is pending in delhi. However, to answer your query, as per my understanding the UIDAI will not change the date of birth in Aadhaar merely on the basis of pension records or an affidavit. As per UIDAI guidelines, DOB can be corrected only if you produce at least one valid proof of date of birth such as Birth Certificate, Passport, PAN Card, marksheet/degree from a recognised Board or University, Government ID card showing DOB, Pension Payment Order, Driving Licence, etc. Since your mother does not presently have any such document, the first step is to get an acceptable DOB proof issued. You may apply to the local Registrar of Births & Deaths for late registration of her birth on the basis of available records and sworn statements, or obtain from the competent authority any Government ID/Certificate which mentions her correct DOB. Once you obtain one such document showing 15‑01‑1952, you can again visit an Aadhaar Seva Kendra and apply for DOB update by producing the original document. If UIDAI still refuses despite valid proof, you can make a detailed written representation to the concerned Regional Office and, if required, approach the High Court seeking directions for correction, especially considering her age and the consistent Government records in support of her date of birth.