i am representing wife, husband is in US he nominated his mother as power agent for appearing on behalf of him in court. My question is whether the power agent has the right to file a Subpoena Petition
K.Balasubramaniam (Advocate) 06 October 2012
i am representing wife, husband is in US he nominated his mother as power agent for appearing on behalf of him in court. My question is whether the power agent has the right to file a Subpoena Petition
Tajobsindia (Senior Partner ) 06 October 2012
1. Oh yes, very much valid in India and in reference to context she has taken the right steps by filing a Subpoena Petition requesting concerned Court to proceed as per Law under S. 174 IPC.
2. Related Illustrations
(a) A, being legally bound to appear before the [High Court] at XYZ City, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence.
(b) A, being legally bound to appear before a [District Judge], as a witness, in obedience to a summons issued by that [District Judge] intentionally omits to appear. A has committed the offence.