An advocate cannot plead and argue a case solely on the basis of a power of attorney: Kerala HC [Read Order]
8 years, 8 months ago

An advocate cannot plead and argue a case solely on the basis of a power of attorney: Kerala HC [Read Order]

Live Law  

A two judge bench of the High court of Kerala, comprising of Justice V Chitambaresh and Justice K Ramakrishnan in Brenda Barbara Francis v Adrian Miranda has ruled that an advocate cannot plead and argue a case as a power of attorney holder on behalf of the parties.The petitioner who was represented by a power of attorney holder, who was also an advocate by profession, sought permission. A two judge bench of the High court of Kerala, comprising of Justice V Chitambaresh and Justice K Ramakrishnan in Brenda Barbara Francis v Adrian Miranda has ruled that an advocate cannot plead and argue a case as a power of attorney holder on behalf of the parties. The petitioner who was represented by a power of attorney holder, who was also an advocate by profession, sought permission to canvass submissions in person on behalf of the said party before the court. The court while drawing the distinction of power exercisable by a power of attorney holder / advocate observed that the latter held an exalted position as an officer of the court.

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History of this topic

Power Of Attorney Holder Cannot Represent A Party In Court Without Obtaining Its Permission: Kerala High Court Reaffirms
3 weeks ago

Power Of Attorney Holder Cannot Represent A Party In Court Without Obtaining Its Permission: Kerala High Court Reaffirms

Live Law  

The Kerala High Court has held that a private person cannot appear on behalf of another on the basis of a power of attorney, without prior permission of the Court. For a private person to do so, he has to get the permission of the Court under Section 32 of the Advocates Act, even if he is the power of …

Advocate Not Expected To Verify Genuineness Of Power Of Attorney Given By Litigant : Supreme Court
3 weeks, 6 days ago

Advocate Not Expected To Verify Genuineness Of Power Of Attorney Given By Litigant : Supreme Court

Live Law  

The Supreme Court has observed that an advocate cannot be held criminally liable for merely failing to verify the genuineness of a power of attorney which was handed over by a litigant to file a case.In the ordinary course, an advocate is not expected to verify the genuineness of the power of attorney, the Court observed. The Supreme Court has …

Appointment As Govt Pleader Or Public Prosecutor Not A 'Right', No Reservation Provided For Persons With Benchmark Disabilities Under RPwD Act: Kerala HC
1 month, 1 week ago

Appointment As Govt Pleader Or Public Prosecutor Not A 'Right', No Reservation Provided For Persons With Benchmark Disabilities Under RPwD Act: Kerala HC

Live Law  

The Kerala High Court has ruled that reservation to persons with benchmark disabilities under Section 34 of the Rights of Persons with Disabilities Act, 2016 cannot be extended while appointing government pleaders and public prosecutors, as they do not have a specific cadre strength, and therefore, no vacancies within a cadre where such reservations can be applied. The Counsel for …

Person Is Not Prohibited From Being Summoned As Witness Merely Because He Is An Advocate: Kerala High Court
3 months, 2 weeks ago

Person Is Not Prohibited From Being Summoned As Witness Merely Because He Is An Advocate: Kerala High Court

Live Law  

The Kerala High Court has held that merely because a person is an advocate, he is not automatically prohibited from being summoned as a witness. Justice Kauser Edappagath held that prohibition under Section 126 of Indian Evidence Act will apply only to confidential communication made to the advocate by his client. For context, Section 126 of the Indian Evidence Act …

Power Of Attorney Holder Can Continue To Represent Party Even If She Gets Enrolled As Advocate Meanwhile, Sec 32 Advocates Act No Bar : Supreme Court
2 years, 5 months ago

Power Of Attorney Holder Can Continue To Represent Party Even If She Gets Enrolled As Advocate Meanwhile, Sec 32 Advocates Act No Bar : Supreme Court

Live Law  

A Supreme court bench comprising Justice Dinesh Maheshwari and Justice Aniruddha Bose observed that Section 32 Of the Advocates Act, 1961does not create a bar for a General Power of Attorney holder to appear on behalf of a plaintiff, simply because the GPA was enrolled as an advocate. The enabling provision of Section 32 of the Act of 1961, whereby …

'Advocate Clerks Reduced To Marginal Players In Legal System': Plea Before Kerala High Court Seeks Their Involvement In E-Filing Procedure
3 years, 1 month ago

'Advocate Clerks Reduced To Marginal Players In Legal System': Plea Before Kerala High Court Seeks Their Involvement In E-Filing Procedure

Live Law  

A plea has been moved in the Kerala High Court seeking the inclusion of advocate clerks in the new regime of Electronic Filing Rules for Courts, 2021 and digitalised procedures.Justice N. Nagaresh on Friday admitted the case. A plea has been moved in the Kerala High Court seeking the inclusion of advocate clerks in the new regime of Electronic Filing …

Kerala Government Appoints 105 Law Officers To Represent The State Before High Court
3 years, 7 months ago

Kerala Government Appoints 105 Law Officers To Represent The State Before High Court

Live Law  

The Kerala government has notified the appointment of 20 Special Government Pleaders, 53 Senior Government Pleaders, and 52 Government Pleaders for representing the State in cases before the Kerala High Court.On 26th July, Advocate General Gopalakrishna Kurup K had forwarded a list of names of eligible advocates to be appointed as government law officers as per the Kerala Government Law. …

Power Of Courts To Debar An Advocate From Practising For Contempt Of Court [Explainer]
4 years, 6 months ago

Power Of Courts To Debar An Advocate From Practising For Contempt Of Court [Explainer]

Live Law  

In the context of the contempt verdict passed by the Supreme Court against Advocate Prashant Bhushan, several readers had asked doubts about the power of the courts to debar an advocate from practising.In that case, the Supreme Court imposed a substantive sentence of fine of Rupee One and held that on default to pay the fine, Bhushan will have to …

Power To Appreciate Evidence Cannot Be Relegated To Advocate Commission : Kerala HC [Read Judgment]
5 years, 3 months ago

Power To Appreciate Evidence Cannot Be Relegated To Advocate Commission : Kerala HC [Read Judgment]

Live Law  

The power of appreciation of evidence is vested in court alone, and it can never be relegated to an Advocate Commission, held the High Court of Kerala while dismissing an original petition filed against an order passed by a Family Court.The Family Court had dismissed an application filed seeking the appointment of an Advocate Commission to examine the contents of …

Section 138 NI Act- Burden Is Upon Complainant To Prove Alteration Of Name Of Payee Was Made By Accused Himself: Kerala HC [Read Judgment]
5 years, 7 months ago

Section 138 NI Act- Burden Is Upon Complainant To Prove Alteration Of Name Of Payee Was Made By Accused Himself: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that when there is an alteration in the cheque with regard to the name of the payee, the burden is upon the complainant to prove that such alteration was made by the accused himself or that it was made with the consent of the accused.In Geemol Joseph v. Kousthabhan, Justice R. Narayana Pisharadi also …

Divorce Petition Can Be Filed Through Power Of Attorney: Kerala HC [Read Judgment]
6 years ago

Divorce Petition Can Be Filed Through Power Of Attorney: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that a petition seeking divorce under Section 13 of the Hindu Marriage Act can be filed through a power of attorney. Before the bench comprising of Justice AM Shaffique and Justice Ashok Menon, an order of Family court which dismissed a divorce petition on the ground that it was presented by power of attorney …

A Non- Lawyer Can Make Submissions In The Court With Permission: Madars HC
6 years, 2 months ago

A Non- Lawyer Can Make Submissions In The Court With Permission: Madars HC

Live Law  

The Madras High Court has observed that a court has the power to permit any person not enrolled as an advocate to put forth his submissions before a court whenever called for by the court.Justice N Anand Venkatesh, while upholding Magistrate's order rejecting remand of Nakkeeran Gopal, observed that there was nothing wrong in calling upon senior journalist N Ram …

Petition Filed In Kerala HC Challenging New Rules For Designation Of Senior Advocates [Read Petition]
6 years, 11 months ago

Petition Filed In Kerala HC Challenging New Rules For Designation Of Senior Advocates [Read Petition]

Live Law  

A Petition has been filed before the Kerala High Court challenging the newly formulated High Court of Kerala Rules 2018.The Petition, filed by two practicing High Court Advocates Mr. C. Anil Kumar Kallesseril and Mr. The Petition, filed by two practicing High Court Advocates Mr. C. Anil Kumar Kallesseril and Mr. It, therefore, contends that the Rules are "void, inoperative …

Petition Filed In Kerala HC Challenging New Rules For Designation Of Senior Advocates [Read Petition]
6 years, 11 months ago

Petition Filed In Kerala HC Challenging New Rules For Designation Of Senior Advocates [Read Petition]

Live Law  

A Petition has been filed before the Kerala High Court challenging the newly formulated High Court of Kerala Rules 2018.The Petition, filed by two practicing High Court Advocates Mr. C. Anil Kumar Kallesseril and Mr. The Petition, filed by two practicing High Court Advocates Mr. C. Anil Kumar Kallesseril and Mr. It, therefore, contends that the Rules are "void, inoperative …

Court Can Disengage Counsel, On Opposite Party’s Plea, Only If It Doesn’t Jeopardise Client’s Interest: Kerala HC [Read Judgment]
8 years, 2 months ago

Court Can Disengage Counsel, On Opposite Party’s Plea, Only If It Doesn’t Jeopardise Client’s Interest: Kerala HC [Read Judgment]

Live Law  

Also if it finds that an examination of the advocate, as a witness in the case, is indispensable, the court held.The Kerala High Court in Kabeer vs. Nazrin, has held that a court, upon the request of an opposite party, can ask an advocate to relinquish his vakkalath only if it finds that an examination of the advocate as a …

Court Can Disengage Counsel, On Opposite Party’s Plea, Only If It Doesn’t Jeopardise Client’s Interest: Kerala HC [Read Judgment]
8 years, 2 months ago

Court Can Disengage Counsel, On Opposite Party’s Plea, Only If It Doesn’t Jeopardise Client’s Interest: Kerala HC [Read Judgment]

Live Law  

Also if it finds that an examination of the advocate, as a witness in the case, is indispensable, the court held.The Kerala High Court in Kabeer vs. Nazrin, has held that a court, upon the request of an opposite party, can ask an advocate to relinquish his vakkalath only if it finds that an examination of the advocate as a …

Power of attorney alone not enough to argue cases: Kerala High Court
8 years, 8 months ago

Power of attorney alone not enough to argue cases: Kerala High Court

Deccan Chronicle  

Kochi: Kerala High Court has held that an advocate cannot plead and argue a case solely on the basis of the power of attorney. All petitions, appeals and other proceedings should be presented in person by the party or his advocate or the advocate's registered clerk, the court held. Anand, a practising lawyer of the High Court of Madras, appeared …

An advocate cannot plead and argue a case solely on the basis of a power of attorney: Kerala HC [Read Order]
8 years, 8 months ago

An advocate cannot plead and argue a case solely on the basis of a power of attorney: Kerala HC [Read Order]

Live Law  

A two judge bench of the High court of Kerala, comprising of Justice V Chitambaresh and Justice K Ramakrishnan in Brenda Barbara Francis v Adrian Miranda has ruled that an advocate cannot plead and argue a case as a power of attorney holder on behalf of the parties.The petitioner who was represented by a power of attorney holder, who was …

No specific qualifications prescribed for non-advocates who are permitted to appear in Courts: Bombay HC [Read Judgment]
8 years, 10 months ago

No specific qualifications prescribed for non-advocates who are permitted to appear in Courts: Bombay HC [Read Judgment]

Live Law  

We are unable to uphold the conclusion and particularly that the person permitted to appear before a Court of law should be qualified to appear. There are no specific qualifications prescribed and indeed we were unable to find one, the Bench said.Quashing the order of Single Bench of Bombay High Court which had terminated the power of attorney of a …

Power of Attorney Holder can file Writ Petition: Allahabad HC (FB) issues guidelines [Read Judgment]
9 years, 1 month ago

Power of Attorney Holder can file Writ Petition: Allahabad HC (FB) issues guidelines [Read Judgment]

Live Law  

There is no prohibition on an application seeking a writ under Article 226 or Article 227 of the Constitution being pursued by a litigant through the holder of a power of attorney, the Bench said.Full Bench of Allahabad High Court, in Syed Wasif Husain Rizvi vs. Hasan Raza Khan has held that Writ Petition under Article 226 of the Constitution …

Criminal Complaints by Power of Attorney - SC settles the Law
11 years, 6 months ago

Criminal Complaints by Power of Attorney - SC settles the Law

Live Law  

Whether a Power of Attorney holder can sign and file a complaint petition on behalf of the complainant?. However, it is a matter of discretion and the Magistrate is not bound to call upon the complainant to remain present before the Court and to examine him upon oath for taking decision whether or not to issue process on the complaint …

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