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VINOD VERMA (C E O)     10 January 2019

Defective special power of attorney

A completely defctive Special power of attorney ( overwriting in the date of stamp paper, bought on 27.08.2009 stamp paper boiught as Prop. but attorney given by partner, no mention of details of the complaint/s to be filed under section 138 N I Act, Execution date mentioned in the SPOA is an year before 25.08.2008) can the Trial Court refuse to re call the complainant witness, on application under section 311 Cr P C ?

after the conviction, of the accused, again application u/s 311, was filed before the appellate court, part b of the Cr P C  is a mandatory provision, can the appellate court dismiss the application? what remedy is before the accused if the appellate copurt insits to hear the arguments on application u/s 311 and arguments of the main appeal, simultaneously. 

Please advice

 

 



Learning

 1 Replies

Dr J C Vashista (Advocate)     11 January 2019

You have already engaged an able, competent and intelligent lawyer, consult your lawyer for better appreciation of facts and law applicable.

Prima facie it is an academic query. 


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