293😊how to appoint intelligent advocate without paying more fee? Advocate fee is Cost but not right

#advocatefees #goodadvocate
Supreme Court of India
Sanjeev Kumar Jain vs Raghubir Saran Charitable Trust & ... on 12 October, 2011
Author: ____________________J.
Bench: R.V. Raveendran, A.K. Patnaik
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.8610 OF 2011
[Arising out of SLP(C) No.6285 of 2010]
Sanjeev Kumar Jain .......Appellant
Versus
Raghubir Saran Charitable Trust & Ors. .....Respondents
O R D E R
R.V. Raveendran, J.
Notice had been issued limited to the question whether a sum of ` 45,28,000/- could be awarded as
costs in an appeal against a vacating temporary injunction in an injunction suit. Leave is granted in
regard to that aspect only.
Award of Realistic Costs
18. In Salem Advocates Bar Association, this Court suggested to the High Courts that they should
examine the Model Case Flow Management Rules and consider making rules in terms of it, with or
without modification so that a step forward is taken to provide to the litigating public a fair, speedy
and inexpensive justice. The relevant rules therein relating to costs are extracted below:
"Re: Trial Courts So far as awarding of costs at the time of judgment is concerned,
awarding of costs must be treated generally as mandatory in as much as the liberal
attitude of the Courts in directing the parties to bear their own costs had led parties
to file a number of frivolous cases in the Courts or to raise frivolous and unnecessary
issues. Costs should invariably follow the event. Where a party succeeds ultimately on
one issue or point but loses on num- ber of other issues or points which were
unnecessarily raised, costs must be appropriately apportioned. Special reasons must
be assigned if costs are not being awarded. Costs should be assessed according to
rules in force. If any of the parties has unreasonably protracted the proceedings, the
Judge should consider exercising discretion to impose exemplary costs after tak- ing
into account the expense incurred for the purpose of attendance on the adjourned
dates.
Re: Appellate Courts Awarding of costs must be treated generally as mandatory in as
much as it is the liberal attitude if the Courts in not awarding costs that has led to
frivolous points being raised in appeals or frivolous appeals being filed in the courts.
Costs should invariably follow the event and reasons must be assigned by the
appellate Court for not awarding costs. If any of the parties have unreasonably
protracted the proceedings, the Judge shall have the discretion to impose exemplary
costs after taking into account the costs that may have been imposed at the time of
adjournments."
19. The costs in regard to a litigation include (a) the court fee and process fee; (b) the advocate's fee;
(c) expenses of witnesses; and (d) other expenses allowable under the Rules. We have already
referred to the need to revise and streamline the court fee. Equally urgent is the need to revise the
advocate's fee provided in the Schedule to the Rules, most of which are outdated and have no
correlation with the prevailing rates of fees. In regard to money suits, specific performance suits and
other suits where ad valorem court fee is payable, the Advocate's fee is also usually ad valorem. We
are more concerned with the other matters, which constitute the majority of the litigation, where
fixed Advocates' fees are prescribed. In Delhi in regard to any proceedings (other than suits where
the ad valorem court fee is payable), the maximum fee that could be awarded is stated to be ` 2000
and for appeals of the scale if that is payable to original suits.
20. The Supreme Court Rules (Second Schedule) prescribes a fee of `2400/- for leading counsel and
`1200/- for Associate Advocate in regard to defended appeals and suits or writ petitions. For special
leave petitions, it is `800/- for leading counsel and `400/- for Advocate-on-Record. It is of some
interest to note that the fee paid to amicus curiae in criminal appeals in Supreme Court and to the
Legal Aid counsel appointed by Supreme Court Legal Services Committee is much higher than the
above scale of fees.
There is need to provide for awarding realistic advocates' fee by amending the relevant rules
periodically. This Court, of course, in several cases has directed payment of realistic costs. But this
Court could do so, either because of the discretion vested under the Supreme Court Rules, 1966 or
having regard to Article 142 of the Constitution under which this Court has the power to make such
orders as are necessary to do complete justice between the parties.
21. A serious fallout of not levying actual realistic costs should be noted.
A litigant, who starts the litigation, after sometime, being unable to bear the delay and mounting
costs, gives up and surrenders to the other side or agrees to settlement which is something akin to
creditor who is not able to recover the debt, writing off the debt.

[@jaypalnitkar4400]

Brilliant video as always ❤

[@vkunasani]

Sir
You vedios are educating users a lot.
Thanks a lot for your service.
Much Appreciated

[@ramanapanku4306]

What a honesty in words

[@pyarasanidevaraj4433]

Thank you sir,really most informative.we can call you margadarshakudu.you are educating the common men,god bless you.

[@sasarowa]

Nicely explained.
Thank you sir for making such an informative videos for us

[@vijaypatel2286]

Very well explained. Thanks

[@mahadevakumarmahadevakumar5884]

In check bounce case opponent party take bail what shall we do sir please tell me your previous speech

[@venkateshsubramaniam1386]

lets make it digital and less legal fees through govt - -aided low cost legal cell

[@karthikeyanra8150]

thank you sir !

[@swaticonsultant2681]

Very informative. ....

[@pasumarthyfoundation345]

what i understand is irrespective of the competency of the advocate case has to be strong. Then if case is strong why should i appoint a competent advocate paying more fee and instead i can go to a small time advocate and pay reasonable fee. The general understanding is the competent advocate will smartly present the case covering up the weakspots of the case and get a favorable judgement. you may kindly clarify.

[@Advocateprasadcherukuri]

Competent adv+strong case = double dhamaka

[@vidyapr3761]

@@Advocateprasadcherukuri there's is no such competent advocate don't guide public in wrong path ...
advocates are capable of doing anything

[@hussaiindia]

@@vidyapr3761 stronger people are going strong.. all that speaks is money and political power.. no one is giving respect to virtues and truthfulness..

[@vidyapr3761]

@@hussaiindiajustice is for all. Advocates have become so corrupted which is not good for healthy nation

[@mohdhaq640]

Wonderful

[@boorlasanjeev2909]

How can I save advocate fee in an encroachment case. Here am thinking about to file a case against someone who is a powerful local politician. Can you give some ideas or suggestions on this encroachment issue saving my money and my land, will be greatful to you.

[@Advocateprasadcherukuri]

Writ in HC

[@Vijay-x8w9s]

Super Sir

[@mdfaheema786begum6]

Super video sir.

[@itsAnanth]

So taking 10% is also illegal, right?

[@shalini6195]

Sir...how can I contact you..?

[@Advocateprasadcherukuri]

Google

[@named_srinivas]

Hello sir
We have a suit decreed with costs but advocate saying that costs won't be given from court
Is that true ?
If not how to get costs from court

[@Advocateprasadcherukuri]

Not true

[@alexxaaaneesh6380]

Sir how can I contact you, I have some queries regarding my Father's land please help me with your guidance

[@Advocateprasadcherukuri]

Google

[@ramireddy4900]

Court fee when it will be refunded to plaintiff

[@Advocateprasadcherukuri]

After winning case

[@ramireddy4900]

@@Advocateprasadcherukuri what about lokadalat award and if judgement delayed more than time???

[@hussaiindia]

Hello Sir, how to find competent advocate.. I came to know that in civil matters the advocates are mingled and prolonged the cases..

[@Advocateprasadcherukuri]

Nobody can corrupt law

[@vidyapr3761]

Its happening in our case advocates mingled and threatening us

[@hussaiindia]

@@Advocateprasadcherukuri Sir I have gone through.. however, sir please advise a good civil high court advocate in Hyderabad..

[@hussaiindia]

Sir, can you please make a video on DTCP approved layout .. society has submitted a plan and it is approved.. after that the society president had modified himself the layout plan and encroached some land taking approval from GP with his influence.. is this valid that GP can give permission.. ? And is it permissible to change the actual layout plan without the DTCP approval??

[@Advocateprasadcherukuri]

No

[@saiprasad7872]

Sir how a middle class person can get cheap and best legal advices in their area

[@suresma4507]

Approach your city civil court advocate.

[@quantum5224]

Hi did you find any one

[@saiprasad7872]

@@quantum5224 no and do u

[@saiprasad7872]

You are from which city

[@quantum5224]

@@saiprasad7872 hyderabad

[@suresma4507]

How does OS case becomes basic cause

[@Advocateprasadcherukuri]

It doesn't