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Zakir Hussain (Lawyer)     30 May 2009

GPA in138 NI Act case

When a complainant gives Power to 'X' to attend the case in further proceedings after taking evidence, is it necessary to AMEND the complaint incorporating the Power Agent's name and continue or a simple memo with GP is enough- Pls reply, Zakir


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 2 Replies

Ravichandran (legal profession)     30 May 2009

if the evidence is fully examined by cheif and defence witness then dispence with appearane by section 256 can be filed before the court but evidence is in party manner compulsory special power of attorney shoud be filed . the power should be specificaly given to contest the case

Ravichandran (legal profession)     30 May 2009

if the examination of complainant witnesses taken in chief and cross  and also defence witness taken fully there is no of need of appointing power of attorney, by filing section 256 petiton  for dispence of the  appearance  the complaint  advocate can contest the case but witness are partly heard then specific power of attorney should be filed before the court ,there should be specific mention about the case in the said power of attorney. memo is not valid one


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