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power of Attorney and vakatlama:

(Querist) 23 August 2008 This query is : Resolved 
What are the main difference between power of Attorney and Vakatlama? Can a person holding power of Attorney pleads in the Court though not an advocate?
Srinivas.B.S.S.T (Expert) 23 August 2008
No sir, Power of attorney will be give to any person do such act/acts on behalf of the executant, who is unable to do such act/acts personally may be due to his work load or health conditions. The power delegated under poa also include to appoint advocate on behalf of the executant

whereas vakalatnama can be obtained only by a lawyer, empowering his to appear and defend the case on behalf of the executant before a court of law.

If I am wrong please let me know. Regrads. Srinivas BSST
Manish Singh (Expert) 23 August 2008
Vakalatnama is itself a power of attorney.
But since laymen are not allowed to plead in cpourts, it can not be made in favour of those who are not entitled to appear in courts.
Srinivas.B.S.S.T (Expert) 23 August 2008
Then can i presume that i am right??
Manish Singh (Expert) 23 August 2008
you persume whatever you wish.
I HAVE NOTHING TO DO WITH YOU SINCE I DONT EVEN CONSIDER YOU AS AN EXPERT.
Srinivas.B.S.S.T (Expert) 23 August 2008
May i know the reason for spitting so much venom? and I dont think your consideration plays a role in deciding my status. Regards Srinivas BSST
Murali Krishna (Expert) 23 August 2008
Power of Attorney can be given for many things by a principal.

Vakalatnama is one of the things, that comes under power of attorney.

Vakalatnama itself is a POA. Any person who holds POA, can plead in court on behalf of the person, though not an advocate. The only thing he cannot do is giving evidence. Attorney holder cannot give evidence on behalf of the principal. Recently Supreme Court reiterated it.
Srinivas.B.S.S.T (Expert) 24 August 2008
I am waiting for manish's reply
N.K.Assumi (Querist) 24 August 2008
Dear All,
I am sorry that my question has led you to such unnecessary dialouge. Please let us all understand that we are here for sharing not for show or anything ok? Yes Mr.Murali Krishna, has rightly said it. I have also found the ruling of the Hon'ble Supreme court in the case of Jimmy jahangir Madan vs Bolly Cariyappa hindley (D) by Lrs 2004-(009)-JT-0558 SC: the matter has been set at rest by the Supreme Court so look up to that ruling only as our guide. Sorry for the trouble.
K.C.Suresh (Expert) 25 August 2008
Dear manish, behave yours self in this brotherhood. This is only exchange of knowledge. If any thing untoward happends that will defenitly diminsh the spirit of the others to come to the light. They walk over to other forums. Dear manish you have to controll yourself. Never ever expects such things from my dear friends. Even if it happends ignore it. No body is an expert in law in its correct meaning. Law is just like an ocean. We are nothing but one of the smallest fish in it. Others will decide the status of that fish. But who will decide others status. The small fish and others. Keep this in mind always. A noble forum brotherhood and absolute knowledge will not be inked indecently. So cool down all keep and pray for knowledge.
Manish Singh (Expert) 25 August 2008
Dear All members,

I am extremely sorry for using this platform for such a thing since I too believe that it diminishes the spirit of the forum.
But I request you all to please contribute to this site for the sake of public at large not for your ownself.
I have no personal enmity with him but he should try to make a respected image. We all have no personal gains or loss while providing legal help to the public. And I respect this spirit of Sri but he is doing it for some other reasons also.

I am extremely sorry for the same once again, I apologise to the members and public for it.
Hiralal Das (Expert) 06 April 2009
Thanks all of you.


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