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november 2003

Supreme Court of India · 2003-11-07

New India Assurance Co. Ltd vs A.K. Saxena

Citation / case number
AIR 2004 SUPREME COURT 311
Court
Supreme Court of India
Petitioner
New India Assurance Co. Ltd
Respondent
A.K. Saxena
Bench
S.N. Variava, Ar. Lakshmanan

Judgment text excerpt

The Supreme Court held that the High Court's order directing the payment of full fees to the respondent advocate before returning files was improper, as it adjudicated a disputed question of fact. Citing R.D. Saxena v. Balram Prasad Sharma [2000] 7 SCC 264, the Court reaffirmed that advocates do not have a lien over client papers and that disputes regarding fees should be resolved through appropriate legal proceedings. Consequently, the Supreme Court set aside the High Court's order and allowed the appeal without costs.

New India Assurance Co. Ltd vs A.K. Saxena · Niyam