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DIFFERENCES BETWEEN VAKALATHNAMA AND MEMORANDUM OF APPEARANCE?

Though the essence of the Vakalathnama and Memo of Appearance are the same – both allows the Advocate to represent the Accused in criminal cases in the Court. But only consideration to see is when or at what stage?  

In circumstances like – to secure an Accused on Bail, the Advocate who represents him need not take his signature by visiting him in the Jail – otherwise, Memo of Appearance discard any rule of taking signature of the Accused when he is in Jail.

However, the Accused signature is mandatory [when he is not in Jail] in Vakalathnama, without which the Court won’t admit his Petition. If Accused can’t sign his thumb impression could be collected in the Vakalathnama.

In a Case, how many times does an Advocate representing Accused requires to file Vakalathnama?

Once an Advocate [representing Accused] entered his name in the Court by filing a Vakalathnama, he no need to file any more Vakalat for the same case thereafter. Otherwise, on an Appeal and / or Revision or in a Fresh Case, the representing Counsel must file fresh Vakalathnama.

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