Foreign counsel cannot examine witnesses before Advocate Commissioner in execution of Hague Convention Letter of Request: Kerala HC
The Kerala High Court held that foreign lawyers cannot examine witnesses before an Advocate Commissioner appointed for execution of a letter of request issued by a foreign court under the Hague Convention. The recording evidence before a Commissioner is a litigious function forming part of the practice of law in India and falls within an area reserved exclusively for advocates enrolled under the Advocates Act, 1961.