Memo to dist court is mandatory after interim stay from hc?
Arka Foundation
(Querist) 13 November 2011
This query is : Resolved
Dear Ld Members,
Facts:
In a 498a case A2 to AN applied for Quash and got interim stay from High Court
Query:
1)Is it mandatory for A2 to AN to submit a MEMO that they got interim stay enclosing the copy of interim order
2)If so, A1 can submit the MEMO when attends for his next adjournment, without advocate. As such, advocate is out of station on a foreign assignment and A1 to AN did not give Vakalat to the present advocate while attending their first hearing.
3)Vakalat given @ time of bail is not sufficient.
Answers please
Devajyoti Barman
(Expert) 13 November 2011
1. Yes unless the lower court is in the meanwhile is intimated by the high court.
2. Yes he can file a copy of stay order and pray for next date.
3. If news advocate appears then fresh vokalatnama needs to be filed.
adv. rajeev ( rajoo )
(Expert) 14 November 2011
It is necessary to produce the order copy of the High court.
It is not necessary to file fresh vakalt, because at the time of applying for the bail your adv., has already filed vakalat.
Sankaranarayanan
(Expert) 14 November 2011
yes agree with both experts view of suggestion
prabhakar singh
(Expert) 14 November 2011
experts have rightly advised over this tiny matter of procedure.
Shonee Kapoor
(Expert) 14 November 2011
Nothing more to add.
Regards,
Shonee Kapoor
harased.by.498a@gmail.com
