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Tag: Power of Attorney

Syed Wasif Husain Rizvi Vs Hasan Raza Khan and Ors on 22 January 2016

Posted on April 3, 2020 by ShadesOfKnife

3-Judge Full Bench comprising Chief Justice DY Chandrachud (as he was at Lucknow Bench of Allahabad High Court) declared the following reference in affirmative,

“Whether writ petition under Article 226 of the Constitution can be filed by Power of Attorney holder?”

Safeguards

Having held so, we must, at the same time, emphasize the necessity of observing adequate safeguards where a writ petition is filed through the holder of a power of attorney. These safeguards should necessarily include the following:
(1) The power of attorney by which the donor authorises the donee, must be brought on the record and must be filed together with the petition/application;
(2) The affidavit which is executed by the holder of a power of attorney must contain a statement that the donor is alive and specify the reasons for the inability of the donor to remain present before the Court to swear the affidavit; and
(3) The donee must be confined to those acts which he is authorised by the power of attorney to discharge.

Syed Wasif Husain Rizvi Vs Hasan Raza Khan and Ors on 22 January 2016

Earlier Reference Order

Syed Wasif Husain Rizvi Vs Hasan Raza Khan and Ors on 02 December 2015

Citations: [2016 AWC 2 1525], [2016 LCD 34 373], [2016 AIR ALL 52]

Other Source links: https://indiankanoon.org/doc/114640689/ or https://www.casemine.com/judgement/in/5811a4a5e691cb26fc4d9447


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Landmark Case Legal Procedure Explained - Interpretation of Statutes Power of Attorney Reportable Judgement or Order Syed Wasif Husain Rizvi Vs Hasan Raza Khan and Ors | Leave a comment

T.C. Mathai and Anr Vs The District and Sessions Judge on 31 March, 1999

Posted on August 1, 2019 by ShadesOfKnife

Apex Court held as follows, in last paragraph,

“Be that as it may, an agent cannot become a pleader for the party in criminal proceedings, unless the party secures permission from the court to appoint him to act in such proceedings. The respondent-couple have not even moved for such permission and hence no occasion has arisen so far to consider that aspect.”

Key passages from the judgment are,

The definition [of a Pleader u.s 2(q) of CrPC] envelopes two kinds of pleaders within its ambit. The first refers to legal practitioners who are authorised to practise law and the second refers to any other person. If it is the latter its essential requisite is that such person should have been appointed with the permission of the court to act in such proceedings. This is in tune with Section 32 of the Advocates Act 1961 which empowers a Court to permit any person, who is not enrolled as an advocate to appear before it in any particular case. But if he is to plead for another person in a criminal court, such permission should be sought for by that person.
It is not necessary that the pleader so appointed should be the power of attorney holder of the party in the case. What seems to be condition precedent is that his appointment should have preceded by grant of permission of the court. It is for the court to consider whether such permission is necessary in the given case and whether the person proposed to be appointed is capable of helping the court by pleading for the party, for arriving at proper findings on the issues involved in the case.

………..

But if the person proposed to be appointed by the party is not such a qualified person the court has first to satisfy itself whether the expected assistance would be rendered by that person. The reason for the Parliament for fixing such a filter in the definition clause [Sec.2(q) of the Code] that prior permission must be secured before a non-advocate is appointed by the party to plead his cause in the court, is to enable the court to verify the level of equipment of such person for pleading on behalf of the party concerned.

T.C. Mathai and Anr Vs The District and Sessions Judge on 31 March, 1999

Precedent used is here


Indiankanoon.org link: https://indiankanoon.org/doc/1728750/

Citation: [1999 SCC 3 614], [1999 AIR SC 1385], [1999 AIR SC 1062], [1999 SUPREME 3 308], [1999 SCC CRI 455], [1999 CRLJ SC 2092], [1999 SCALE 2 359], [1999 ACR SC 1 915], [1999 ALT CRI 1 226], [1999 CTC 1 720], [1999 GLH 1 829], [1999 KLJ 1 879], [1999 KLT SC 2 156], [1999 LW CRL 2 658], [1999 RCR CRIMINAL 2 373], [1999 SCR 2 305], [1999 JT SC 2 494], [1999 AIR SCW 1062]

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Advocates Act Section 32 CrPC 2(q) - Pleader CrPC 303 - Right of person against whom proceedings are instituted to be defended Landmark Case Legal Procedure Explained - Interpretation of Statutes Party In Person Series Power of Attorney T.C. Mathai and Anr Vs The District and Sessions Judge

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