Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Power of Attorney Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Advocates Act, 1961 (25 of 1961) Powers-of-attorney Act, 1882 (7 of 1882) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Power of Attorney Act, 1882 - Section 2 - Power of Attorney holder of a couple arrayed as respondents in a criminal revision petition seeking permission to appear and plead on behalf of the and couple Permissibility of - Held, a Power of Attorney holder cannot become a ''pleader" for a party in criminal proceedings, unless the party secures permission from the Court to appoint him to act in such proceedings - This is in tune with Section 32 of the Advocate 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 - Court to verify the level of equipment of such person for pleading on behalf of the party concerned before granting such permission - Code of Criminal Procedure, 1973 - Sections 2(q) ; 303-Advocates Act, 1961- Section 32. Agent - Appointment of - Held, the common law principle that every person who is suit juris has a right to appoint an agent for any purpose whatsoever, does not apply where the act to be performed is personal in character, or when it is annexed to a public office or to an office involving any fiduciary obligation - Section 2 of the Power of Attorney Act cannot override the specific provision of a statute which requires a particular act to be done by a party in person - Personal attendance of the accused may be dispensed with under provisions of Code of Criminal Procedure and he may be permitted to appear through counsel - But in no case can the appearance of the accused be made through a power of attorney holder - Code of Criminal Procedure, 1973 - Sections 205, 27. Advocates Act, 1961 - Sections 30; 33 - Representation through Advocates - Held, no party is required to obtain prior permission of the Court to appoint an Advocate to represent him in court - An advocate is the officer of the court and is hence accountable to the court - Efficacious discharge of judicial process very often depends upon the valuable services rendered by the legal profession. Words and Phrases- "Pleader" - "Power of Attorney" - Explained. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 1999 INSC 144 |
Petitioner | T.c. Mathai |
Respondent | The District Sessions Judge, Thiruvananthapuram,kerala |
SCR | [1999] 2 S.C.R. 305 |
Judgement Date | 1999-03-31 |
Case Number | 2613 |
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