Power of attorney
Suchitra. S
(Querist) 13 June 2010
This query is : Resolved
Respected experts, Please let me know if there is any SC judgment which say that the holder of special/general POA cannot give evidence in the Court. One of the NRIs have gvn special POA and now as he is not there in India, can the holder of POA give evidence on his behalf or not.
niranjan
(Expert) 13 June 2010
It should be GPO and GPO holder can depose in the court to the limited extent, about facts which he has personal knowledge.
adv. rajeev ( rajoo )
(Expert) 13 June 2010
PA holder cannot depose on behalf of the principal. Karnatka High Court judgment is there. It will be informed to you.
Devajyoti Barman
(Expert) 13 June 2010
Even supreme court decision is there.If necessary I can cite later.
Arun Kumar Bhagat
(Expert) 13 June 2010
Earlier Andhra Pradesh High Court and Madhya Pradesh High Court gave ruling that Power of Attorney holder can not enter into witness box in place of Complainant. Later on Supreme Court in the year 2009 in a judgement reported in SCC criminal ruled that it is permissible provided the POA holder is acquainted with the facts himself. It was passed in case of Shankar Finance. I can give Exact Page no. tomorrow. In case of further clarification u can ask me over my cell no.09143176197. Arun Kumar Bhagat, Advocate, High Court, Calcutta.
Suchitra. S
(Querist) 13 June 2010
Thanks for all the replies. But please let me know the citations of the judgments mentioned.
Arvind Singh Chauhan
(Expert) 13 June 2010
Generally Power of attorney holder only can appear, plead and act on behalf of party, but he can’t allowed to appear as witness on behalf of the plaintiff in the capacity of plaintiff.Janki Vashdeo Bhojwani And another V/S Indusind Bank Ltd. & others, decided on 06-12-2004, C.L.J.2005-Vol-5-S.C.-69.
