Advocate and gpa holder
Mrs. Jyothi
(Querist) 02 July 2017
This query is : Resolved
Hi Team,
In cheque bounce case u/s 138, the complainant of 70 years old, engaged his daughter-in-law ( enrolled as advocate) as his advocate and also executed a GPA infavour her to act on his behalf, as his son was not conveniently available to look after complainant's case.
my query is,
1. a natural person can raise a GPA?
2. an advocate can acts as GPA holder also?
3. if answer is either YES or NO for 2nd point, pls suggest me the appropriate citation.
4. as the client and complainant are belongs to the same family and are not the third parties, is there any act forbidden by law, if so, pls let me know the appropriate citation.
pls let me clarify these queries.
Rajendra K Goyal
(Expert) 02 July 2017
1. Yes.
2. Yes.
3.& 4. Citation not provided in this section.
P. Venu
(Expert) 05 July 2017
An advocate cannot be a GPA holder as well as the advocate. i.e. an advocate as the GPA holder cannot pursue the case party-in-person.
Mrs. Jyothi
(Querist) 10 July 2017
Venu Sir,
As you mentioned, An Advocate can not act as both GPA and as well as an Advocate. Is not there any exceptions?
If it is a personal case like what I mentioned above, is it not comes under any exception?
P. Venu
(Expert) 11 July 2017
Law, as well the decisions of the Court, do not allow any exception. Moreover, the daughter-in-law, as a practicing lawyer need not have any constraints in getting assistance from another advocate.
Mrs. Jyothi
(Querist) 26 July 2017
Venu sir,
very tqs for your reply.
as it is a family and personal case, in the present case, the complainant i.e., father in law raised a GPA in favour of his daughter in law, and she also filed vakalat along with GPA.
the same thing was challenged by others at high court.
whats the remedy available to the complainant?
is total proceedings will be quashed or either only vakalt or GPA get to be cancelled?
pls suggest.
P. Venu
(Expert) 26 July 2017
The court cannot cancel the GPA; only the vakalat will be disallowed. The Advocate-GP holder can engage another advocate.
In my earlier posting the expression "need have" may kindly be read as "need not have"; I have since corrected the mistake. The lapse is regretted.
