S 138 ni act

VVS Ramaikrishna (Querist) 23 February 2012 This query is : Resolved
what are the privileges and functions of a proxy counsel appearing for accused?

can a proxy counsel present arguments?

can a proxy counsel seek permanent exemption for appearance of accused persons, if so under what provision of Law?

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ajay sethi (Expert) 23 February 2012
in complaints under section 138 Ni magistrate courts generally insist on vakaltnama of advocate . if you dont have vakaltanama you cannot appear .

what you cna do is have joint vakaltnama of your counsel and advocate on record .

prabhakar singh (Expert) 23 February 2012
THE LAW DOES NOT RECOGNIZE ANY PROXY COUNSEL.

HOWEVER AN ENGAGED LAWYER IN A CASE FOR SOME REASONS AND IN CERTAIN CIRCUMSTANCES HAVE RIGHT TO AUTHORIZE HIS BRIEF HOLDER FOR THE CASE ON SOME PARTICULAR DATE SHOWING HIS PERSONAL DISABILITY TO ATTEND THE COURT,AND THE COURTS ACCEPT SUCH AUTHORIZATIONS.

Shonee Kapoor (Expert) 26 February 2012
Agreed with experts.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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