Filing of Memo of Appearence
Pavan Kumar Annabathuni
(Querist) 18 November 2010
This query is : Resolved
There is always a doubt to me whether in a criminal case while filing a bail application or an anticipatory bail application whether it is memo of appearence or vakalat that needs to be filed along with the concerned bail application. In the lower courts it is the memo of appearence that needs to be filed and some of our advocates feel that it is vakalat that needs to be filed. When refering to the Sec.303(3)cr.p.c. I think I am correct. Is there any suggestion or advice to me in this regard?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 November 2010
Advocate as a right can appear even without any vakalat or memo of appearance to represent an accused and can complete the formalities later.
In north there is no defference, it is only in south that two types of appearance are prevelant0
s.subramanian
(Expert) 18 November 2010
In Tamilnadu,only memo appearance need be filed in such matters and no vakalatnama is necessary.
Uma parameswaran
(Expert) 18 November 2010
If the accused in jail then it is not easy to get their signature.In 438 applications also it is not easy to get signature of the party.In that circumstances one can file Memo of appearance.Otherwise Vakalathnama.
Ravindra Nath Tripathi
(Expert) 21 November 2010
Extremely general answers have been given by the above experts. If you are approaching to file a case in the High Court, you should refer to the rule book of that High Court. Since few year back, a memo was sufficient if you want to file a case at High Court Jabalpur if accused was in jail. But Rules came into being since 2008 makes it compulsory to get signature of the accused. There are exception, as if you sent the Vakalatnama to the jail authority for signature, and a refusal is not returned, than after certain period of time it is presumed, that you are authorized by the accused. But to avoid all these things, advocates prefer to get signature of the accused, which is not as difficult as it is being presumed.
