Civil Procedure Code (CPC)

How do nris fight cases in india


Hi,

If accused is in US, how could someone possibly apply for any of the judicial proceedings in India. Do some one has to flyback to India, just to sign on papers everytime. Is there a way to give power of attorney to someone in India. 

Thanks,

 
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http://www.lawyersclubindia.com/forum/Are-vakalatnama-and-power-of-attorney-the-same-nri-divorce-97695.asp#.VAXi9mRdUfw

 

Got this old post. 

 
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As far as what i understood from different posts is 

If  accused is outside india, 

-> No lawyer can represent them, because one can not sign on vakalat. 

-> Just by signing on vakalat and sending the document to india is not accepted <as per known advocate>

-> The above statement can be challenged in case, one can get it done infront of officer in Indian Embassy.

-> To deal with future proceedings, one might need signatures of accused, its better to have POA transferred to some relatives. 

Please correct me if i am wrong and also let me know if there is a way to deal with all these things without going through lot of hiccups as mentioned above.

 
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Lawyer at Delhi

As far as I understand, it should be possible to authorize an advocate through a Vakalatnama signed by a power-of-attorney holder of the accused sitting abroad. However, in cases where presence of the accused may be necessary, one may not get a remedy from court until the accused remains present. Therefore, the nature of remedy sought is also relevant in this regard.

 

I have handled at least 2 cases wherein the complainant (but, not accused) in the criminal case was in a foreign country and the case was filed by the power-of-attorney holder of the complainant.

 
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software engineer

@ Lone fighter,

Is it a criminal case? I am not sure if it is any different for criminal case than family case.

It worked for my divorce case proceedings and i am the respondent . I just followed the suggestions from the link you shared.

i.e) I had my lawyer send the scanned vakalat form to me. Then printed  and got notarized from authorized notary (not an attorney or not in consulate/embassy) for a charge $5-$10 depending on the location/notary. Then scanned the signed copy and e-mailed that to him. I did not even send the hard copy of the signed document, just the soft copy. My lawyer printed that out and included his signature and filed the vakalat in the court on my behalf. No issues.

When there was a need for filing counter and other documents further, I did follow the same procedure. 

As adviced in the link that you shared , you will need to visit India if you plan to authorize your relative as your POA. It could be real hassle if you plan to give a POA to your relative from out of country. 

Think about it and keep it simple.

Good luck!

 
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@Ashok Sir and @Ramesh Sir,

Thanks for your reply. 

@Ashok Sir: Just one single query, In cases, where presence of accused might be necessary, 

I thought accused must be present in all the cases :/ How can case go on without the accused being present. It would be great if you could give a example. Thanks again. 

@Ramesh Sir: I will PM you. 

 
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Our lawyer is telling us that the Vakalatnama cant be a printout taken, he was telling it has to be done on light green paper only. He wants to send it over overseas. He wants my friend to sign it and send it again to him. It would take forever. Please let me know if anyone has already done this completely. 

 
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