Special power of attorney
sandeep rane
(Querist) 16 January 2015
This query is : Resolved
If a father giving Special power of attorney to the son to appear in the court on his behalf then it is necessary to get it register notary on it ?
Is it possible to make only affirmation on it before the registrar of court ?
any provision of law in this regard ?
Thanking you.
Devajyoti Barman
(Expert) 17 January 2015
Notarised POA will do. No need for registration.
V R SHROFF
(Expert) 17 January 2015
NOTARY IS BEST
ajay sethi
(Expert) 17 January 2015
agree with experts
sandeep rane
(Querist) 17 January 2015
Thank You to all respected members.
1. For this type of POA Stamp paper or franking of 500 rs is compulsory ? Is it possible on 100.
2. Along with POA, Affidavit of father is necessary regarding POA ?
Thanking you.
Anirudh
(Expert) 17 January 2015
Is it a criminal case or a civil case?
I am not clear.
What do you mean by "appear in the court on his behalf"?
In fact by appearing, what do you intend to do before the court?
Have you engaged any lawyer?
sandeep rane
(Querist) 17 January 2015
Anirudh sir,
It is a civil case
I am intending to do all this which lawyer would have done in this case.
not engaged lawyer.
Files suit in person.
Anirudh
(Expert) 17 January 2015
YES, THAT WAS WHAT I SUSPECTED.
BY GETTING A POA (WHETHER IT IS GENERAL POA OR SPECIAL POA - THAT DOESN'T MATTER), YOU CAN ONLY SIGN ON THE PAPERS ON HIS BEHALF AND SUBMIT IT TO THE COURT (I.E. REGISTRY). NOTHING MORE. YOU WILL NOT BE ALLOWED TO PUT IN APPEARANCE AND ARGUE BEFORE THE COURT.
IF AT ALL IT HAS TO BE DONE IT CAN BE DONE ONLY BY YOUR FATHER AS 'PARTY IN PERSON'. OTHERWISE ONLY THROUGH AN ADVOCATE.
sandeep rane
(Querist) 17 January 2015
Thank you Anirudh Sir for explanation.
If POA allows the son to argue before the court then is it possible for son to argue ?
Please clarify.
Thank you.
Anirudh
(Expert) 17 January 2015
ABSOLUTELY NOT. THE RULE IS 'EITHER A PARTY IN PERSON' or through a LAWYER.
sandeep rane
(Querist) 17 January 2015
Thank you Anirudh sir,
Can you please give related provision of law ?
Thank you.
Anirudh
(Expert) 17 January 2015
I need not.
This site is only to help in guiding to some extent not to the last mile.
adv. rajeev ( rajoo )
(Expert) 17 January 2015
It does not requires registration. Notarization is sufficient.
sandeep rane
(Querist) 17 January 2015
Anirudh sir,
I am asking to you because there is power vested with court in this regard.
Section 32 in THE ADVOCATES ACT, 1961
32. Power of Court to permit appearances in particular cases.—Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.
The Supreme court bench said in the case of Goa Antibiotics and Pharmaceuticals Ltd that: "A power of attorney holder cannot, unless he is an enrolled lawyer, appear in court on behalf of anyone, unless permitted by the court under Section 32 of the Act, though of course he may sign sale deeds, agreements etc, and do other acts on behalf of someone else, unless prohibited by law."
This mean that If any person has POA then without taking any permission from court he can sign & submit document for his principal & if POA holder wants to argue for principal then permission of court is necessary & with permission POA holder can argue for principle though he is not an advocate.
This is what I think. Therefore, with your reply I confused & therefore I asked for related legal provision.
Thank you
ADV-JEEVAN PATIL, MUMBAI
(Expert) 17 January 2015
Affirmation or Notary should suffice. However, opponent raises question of unregistered PO during trial , court may direct to register or accept.
T. Kalaiselvan, Advocate 
(Expert) 19 January 2015
@Sandeep Rane, you have been very clearly explained the position of law by expert Mr. Anirudh, but you appear to be misguided by not properly interpreting the rules referred by you. You go through the related provisions of law once again properly including the ruling referred by you. If you feel that the expert is wrong and you are right, you may very well proceed with your own thought and idea, you need not approach this experts gallery seeking their opinion to your predetermined thought.
sandeep rane
(Querist) 20 January 2015
Thank you T. Kalaiselvan sir for your reply & you are right on the basis of matter quoted by me because it is incomplete. Here is the complete decision. Please take the look.
Supreme Court of India
Goa Antibiotics & ... vs R.K.Chawla And Anr on 4 July, 2011
Bench: Gyan Sudha Misra, Markandey Katju
Goa Antibiotics & Pharmaceuticals Ltd.
v.
R.K. CHAWLA & ANOTHER
(CRIMINAL MISCELLANEOUS PETITION NO. 10490 OF 2011)
July 04, 2011
[MARKANDEY KATJU AND GYAN SUDHA MISRA, JJ.]
[2011] 7 SCR 846
The following Order of the Court was delivered
O R D E R
Mr.Vishnu Kerikar, Deputy Manager, Finance & MS claims to be the power of attorney holder of the petitioner-Goa Antibiotics & Pharmaceuticals Limited in this case. He wishes to argue the case personally on behalf of the petitioner.
Section 33 of the Advocates Act, 1961 (hereinafter referred to as the Act states as follows:
33. Advocates alone entitled to practise B- Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practise in any court or before any authority or person unless he is enrolled as an advocate under this Act. A perusal of the above provision shows that only a person who is enrolled as an advocate can practice in a court, except where otherwise provided by law. This is also evident from Section 29 of the Act.
A natural person can, of course, appear in person and argue his own case personally but he cannot give a power of attorney to anyone other than a person who is enrolled as an advocate to appear on his behalf. To hold otherwise would be to defeat the provisions of the Advocates Act. Section 32 of the Act, however, vests discretion in the court, authority or person to permit any person who is not enrolled as an advocate to appear before the court and argue a particular case. Section 32 of the Act is not the right of a person (other than an enrolled advocate) to appear and argue before the court but it is the discretion conferred by the Act on the court to permit any one to appear in a particular case even though he is not enrolled as an advocate.
In this case, an application for permission has been filed by Mr. Vishnu Kerikar who wishes to appear and argue on behalf of the petitioner-Goa Antibiotics & Pharmaceuticals Ltd. which is a company registered under the Indian Companies Act. We are not inclined to exercise our discretion under Section 32 of the Act and hence we reject the said application. However, we grant the petitioner four weeks time to engage a lawyer to appear and argue on behalf of the petitioner-company. We make it clear that as regards artificial persons like a company registered under the Indian Companies Act, or a registered co-operative society, or a trust, neither the Director of the Company nor member of the Managing Committee or office bearer of the registered society or a trustee has a right to appear and argue on behalf of that entity, since that entity is distinct from its shareholders or office bearers or directors. However, it is the discretion of the court under Section 32 of the Act to permit such person to appear on behalf of that entity.
There is a distinction between the right to appear on behalf of someone, which is only given to enrolled lawyers, and the discretion in the Court to permit a non-lawyer to appear before it. Under Sections 29 and 33 of the Act only those persons have a right to appear and argue before the court who are enrolled as an advocate while under Section 32 of the Act, a power is vested in the court to permit, in a particular case, a person other than an advocate to appear before it and argue the case. A power of attorney holder cannot, unless he is an enrolled lawyer, appear in Court on behalf of anyone, unless permitted by the Court under Section 32 of the Act, though of course he may sign sale deeds, agreements etc. and do other acts on behalf of someone else, unless prohibited by law. Accordingly, the matter is adjourned by four weeks to enable the petitioner to engage a lawyer to appear and argue on its behalf.
sandeep rane
(Querist) 20 January 2015
T. Kalaiselvan sir,
I do not want to prove expert wrong as I am not capable of it. As we go in the deep of particular subject, we get more confused.
Therefore I expect from you people who are masters in law to make topic clear for better understanding because you are in that position.
Thank you.
Advocate Bhartesh goyal
(Expert) 17 January 2015
