Power of attorney
Querist :
Anonymous
(Querist) 16 January 2012
This query is : Resolved
Dear Sir(s),
Can a unwell father who is petitioner give a GPA to son in court matters? And can son be called for evidense, cross exams etc. in place of father?
Is it valid?
ajay sethi
(Expert) 16 January 2012
father can give power of attorney to son . but for giving evidence it is better that father gives evidence as he has personal knowledge of the case .
ajay sethi
(Expert) 16 January 2012
In Ummar Farooque v. Naseema (2005 (4) KLT 565), a Division Bench of kerala high Court construing a power of attorney with reference to the provisions of Order III Rules 1 and 2 of the Code of Civil Procedure held that the power of attorney holder can give evidence only in respect of acts done by him in exercise of powers granted by the instrument, but he cannot depose for the principal in respect of the matter on which the principal alone can have personal knowledge.
5. In other words, power of attorney holder can give evidence with respect to the matters within her/his knowledge. What learned Munsiff has disallowed is power of attorney holder giving evidence 'in lieu of the oral evidence of the petitioner'. In the light of the relevant clause in the power of attorney executed and the decision of the Division Bench referred supra, power of attorney holder is entitled to give evidence in respect of matters within his personal knowledge
ajay sethi
(Expert) 16 January 2012
www.indiankanoon.org/doc/1829290/
24 Oct 2008 – On the strength of that power
Dhanya, W/O.Jyothis Kumar, ... vs Kerala State, Represented By The on 24 October, 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31463 of 2008(U)
1. DHANYA, W/O.JYOTHIS KUMAR, KARTHIKA,
... Petitioner
Vs
1. KERALA STATE, REPRESENTED BY THE
... Respondent
2. THE TAHSILDAR, DEVIKULAM TALUK,
3. THE VILLAGE OFFICER, K D H VILLAGE,
For Petitioner :SRI.K.RAMAKUMAR (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :24/10/2008
Deepak Nair
(Expert) 16 January 2012
Yes. The father can issue POA to son for conducting court matters.
Rest is sifficiently explained by Mr.Ajay Sethi.
Sailesh Kumar Shah
(Expert) 16 January 2012
Can a unwell father who is petitioner give a GPA to son in court matters?
Answer: yes
And can son be called for evidense, cross exams etc. in place of father
Answer: No, Father have to come.
adv. rajeev ( rajoo )
(Expert) 16 January 2012
yes, son can depose on behalf of his father, but he should have complete knowledge of the case
Shonee Kapoor
(Expert) 16 January 2012
Agreed with Ld. Mr. Shah.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 16 January 2012
But i can not disagree with this also "instead of bike you take plane."
Devajyoti Barman
(Expert) 16 January 2012
The son can mange the case only but he can not depose if the father is testimony to the facts in the case.
The supreme court has also held that POA holder can not depose on behalf of the principal.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 January 2012
There is further dimension to popular concept of POA in court from a recent SC CITATION-
16. In this context reference can be made to a decision rendered
by a Full Bench of the Madras High Court in M.Krishnammal v.
T.Balasubramania Pillai AIR 1937 Madras 937 when a person, who
was the power-of-attorney holder of another, claimed right of
audience in the High Court on behalf of his principal. A Single Judge
referred three questions to be considered by the Full Bench, of
which the one which is relevant here was whether an agent with the
power of attorney to appear and conduct judicial proceedings has
the right of audience in court. Beasley, C.J., who delivered the
judgment on behalf of the Full Bench stated the legal position thus:
(AIR Headnote)
"An agent with a power of attorney to appear and conduct
judicial proceedings, but who has not been so authorised by
the High Court, has no right of audience on behalf of the
principal, either in the appellate or original side of the High
Court\005. There is no warrant whatever for putting a power of
attorney given to a recognized agent to conduct proceedings
in court in the same category as a vakalat given to a legal
practitioner, though latter may be described as a power of
attorney (which) is confined only to pleaders, i.e., those who
have a right to plead in courts."
17. The aforesaid observations, though stated sixty years ago,
would represent the correct legal position even now. Be that as it
may, an agent cannot become a "pleader" for the party in criminal
proceedings, unless the party secures permission from the court to
appoint him to act in such proceedings. The respondent-couple
have not even moved for such a permission and hence no occasion
has arisen so far to consider that aspect."
In
Querist :
Anonymous
(Querist) 16 January 2012
Dear Sir(s),
Thank you all. Son was always there with the father & has same/equal knowledge about facts in the case.
Deepak Nair
(Expert) 17 January 2012
As expalined by the experts above, the son can depose to the extent of his personal knowledge.
prabhakar singh
(Expert) 17 January 2012
Firstly father can give GPA to his son or any body for parvi of the case.
Secondly, if the facts involved in the case are such that only father can be expected to know them then only he should depose.As he is sick and unwell,the court can be requested to issue commission for recording his evidence.
Thirdly son can choose to depose only when he is confirmed that he knows all the facts he may be crossed are his first hand information and no here say can be attributed to his knowledge.
Despite all it would be best to adopt second course suggested.
Querist :
Anonymous
(Querist) 17 January 2012
Dear Sir(s),
Thanks alot for your valuable guidance.
Rgrds
