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For the withdrawal of the complaint, under Section 257, consent of the court is mandatory. Once the complaint is withdrawn by the complainant it will not directly result in stopping prosecution of the accused. The Court needs to pass an order of absolution, i.e. order of releasing the accused from the offences.
In the example above, the retainer is considered unearned until the court case is closed and finalized. These unearned fees do not belong to the person performing the tasks?in this case, the lawyer?until work begins. Any unearned retainer fees that are not used can be returned to the client.
Order 23, Rule 1(3) of the CPC provides that if a plaintiff desires to withdraw from the suit with liberty to institute a fresh suit in respect of the subject-matter of such suit, then such plaintiff must seek the permission of the court in its application for withdrawal.
When a lawyer withdraws from a case, steps must be taken to protect your interests. Your lawyer should give you reasonable notice, allow time for you to hire another lawyer, surrender papers and property to which you are entitled and refund any advance payment of fees that have not been earned.
Withdrawal Documents means any documents the execution of which the General Partner reasonably determines is necessary or appropriate in connection with the withdrawal of a Withdrawing Partner.