whether filing Anticipatory bail for brother is aginst the code of conduct
Querist :
Anonymous
(Querist) 27 December 2010
This query is : Resolved
Sir,
I have filed the AB before the ASJ and have filed the POA instead of Vakalatnama as there is no professional fee is involved between us
Please inform whether its is against the code of conduct?
Kirti Kar Tripathi
(Expert) 27 December 2010
No, it is not. Moreover, being brother, it is your duty to defend him in every sphere of his life.
Gulshan Tanwar
(Expert) 27 December 2010
Also can u tell me any provision which says that Vakalatnama is optional and POA can be filed instead.
Go through the criminal procedure, as in criminal procedure no vakalatnama is required, it is civil law which requires vakalatnama for every case.
Devajyoti Barman
(Expert) 27 December 2010
No problem. A vokalatnama is nothing but a POA itself.
Adv ramesh chheda
(Expert) 28 December 2010
Sir as per code of conduct, adv cannot take up matter of family members or other organisation in which he is personally interested. Besides that in ant bail , application cannot be filed by poa bt applicant has to file it in person and need to remain present in person. So better appoint other adv and u can guide him/ her.
SANJAY GUPTA
(Expert) 28 December 2010
I an totally disagree with experts posted their valuable opinion, for filing a relative can not file or sign on behalf of the accused person whether in petition and or vakalatnama, save and except local bar convention.
Ajay Bansal
(Expert) 28 December 2010
YES. ON POA YOUR APPLICATION CAN NOT BE CONSIDERED BY COURT.SO FILE VAKALATNAMA.
Sachin Bhatia
(Expert) 29 December 2010
Urdu translation of power of attorney Mukhtar Nama
No Advocate shall act for any person in any Court unless he has been appointed for the purpose by such person by a Vakalatnama in the form annexed hereto and signed by such person or by his recognized agent or by some other person duly authorised by or under a Power of Attorney to make such appointment.
A power of attorney (POA) or letter of authorrity in common law systems or mandate in civil law systems is an authorization to act on someone else's behalf in a legal or business matter.
