Perosnal apperance exempted-what to do in absence of advocate?
Raman
(Querist) 02 December 2014
This query is : Resolved
I am advocate.All of the family members are facing 498-A trail in other remaote area of state.prevsiously we used to hire advocate from our city who charged us very high per visits and then we engage many local they too betrayed us on many occassions and we decided too deal the cases in person along with other cases 125/DV/Divocrce/Child custody ec..Now the issue that many of my elder family members have been exmepted for personal aappaerance and at the time of examination of witnesses they will not be present..In such case whether I should file the specail power of attorney on their behalf or I should file the vakalatnama on behalf of them or should i donot do the above two and allow the trail to continue in their absence
Devajyoti Barman
(Expert) 02 December 2014
You can not represent other family members even if they give POA to you. Engage a lawyer.
All apples in basket are not rotten.
Raman
(Querist) 03 December 2014
sir, still donot know what the law we read in books what follows in courts..In revsion petition before the session court against the charges..I was asked to file the vakalatnama despite of filing the special power of attorney..In High Court I was asked to file the specail powwer of attorney as I was asked by the High court judge that I cannot represent through vakaltnama..similarly the state is not represented by Public prosecutor but by the complainant Pvt counsel...WHAT A BIG JOKE
T. Kalaiselvan, Advocate
(Expert) 07 December 2014
Don't cut jokes on law or court, the circumstances in each place will differ to that of another, without knowing the details no opinion can be given to our different issues. As a lawyer you can represent even your relatives but you should not be an accused in the same case, where only you can appear as party in person for yourself.
yogesh
(Expert) 09 December 2014
DONOT AGREE..If charges are same and common allegations are amde against all the accused then any one can represent the case whether advocate or partin person since charges emerges out from the same FIR/CHragesheet andd if same/common charges are there without even minor aleration then any one can represent whether advocate or party in perosn..in cross examination all objections will be recorded in common and same sentence/or acquital will be awrded to you
Guest
(Expert) 09 December 2014
A good story, "I am advocate.All of the family members are facing 498-A trail in other remaote area of state.prevsiously we used to hire advocate from our city who charged us very high per visits and then we engage many local they too betrayed us on many occassions and we decided too deal the cases in person along with other cases 125/DV/Divocrce/Child custody ec.."
This seems to be a hypothetical academic query of a student, who poses, himself, as an advocate also.
V R SHROFF
(Expert) 09 December 2014
querist is "STUDENT"
ARE THESE ACADEMIC QUERY IMAGINARY???
However, as u r facing it for last 4 yrs.
I suggest , keep a advocate that you can bargain and keep low cost of litigation, or demand free legal aid.
