Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1961 Advocates Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Advocates Act, 1961 (25 of 1961) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Advocates Act, 1961:ss. 29, 33 - Right to practice in courts - Held: A person enrolled as an Advocate only can practice in courts - Natural person .can appear in person and argue his own case personally but he cannot give a power of attorney to anyone other than a person enrolled as an advocate to appear on his behalf -s. 32, however, vests discretion in the court to permit any person who is not enrolled as an advocate to appear before the court and argue a particular case - In the instant case, an application for permission was filed by the Deputy Manager, power of attorney holder to argue the case personally on behalf of the petitioner-company - Supreme Court refused to exercise discretion under s.32 and rejected the said application - Petitioner-company granted four weeks time to engage a lawyer to appear and argue on its behalf s. 32 - Right to appear/argue on behalf of entity - Held: As regards the artificial persons like a company registered under the Companies Act or a registered co-operative society or a trust, neither the Director of the company nor member of the Managing Committee or officer bearer of the registered society or a trustee has a right to appear and argue on behalf of that entity, since that entity is distinct from its shareholders or office bearers or Directors - However, court has discretion u/s. 32 to permit such person to appear on behalf of that entity.ss. 29 and 33 - Right of an enrolled lawyer to appear on behalf of someone and discretion vested in the court to permit a non-lawyer to appear before it - Distinction between. Power of attorney: Right of power of attorney holder to appear or argue - Held: Power of attorney holder cannot, unless he is an enrolled lawyer, appear in court on behalf of anyone, unless permitted by the court u/s. 32 of Advocates Act, though of course he may sign sale deeds, agreements etc. and do other acts on behalf of someone else, unless prohibited by Jaw-"' Advocates Act, 1961 - ss.29, 32, 33. |
Judge | N/A |
Neutral Citation | 2011 INSC 444 |
Petitioner | Goa Antibiotics & Pharmaceuticals Ltd. |
Respondent | R.k. Chawla & Another |
SCR | [2011] 7 S.C.R. 846 |
Judgement Date | 2011-04-04 |
Case Number | 10490 |
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