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sudha (n/a)     14 April 2014

Exemption from personal appearance

Hello Experts ,


I have seen many topics in this Forum , discussing about  Exemption from Personal appearance during the court hearings with respect to the cases of 498a


I would like to know:


1). will getting Exemption from Personal appearance be easily obtained with valid reasons?



2). If at all few people in the case are Exempted  from Personal appearance , will there be any chances of the opposite party to file a counter petition for cancellation of such Exemptions?





Learning

 9 Replies

mahavir singh (ADVOCACY)     14 April 2014

Exemption is allowed by courts in cases where the person is ill, outside country or staying far away etc... Opposite party can object exemption but it is the discretion of court. For more call 09910657998 mahavir singh advocate.
1 Like

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     14 April 2014

Exemption can be  granted as a rule since law says presence of accused is needed at the time of evidence only.

 

The applications has to be properly drafted which is not done hence exemption is not granted. There are large no of SUPREME COURT citations in the matter that even an advocate can give application for exemption even after issue of NBW.

 

Yes opposite side can always object but it is just like bail once granted than it can not be easily cancelled. More over exemptions are granted for limited period and not for complete duration  of case so any objection of opposite side has no meaning.

 

  Far all accused particularly for summons cases and marriage matters exemption should be sought and properly followed up it will have to be granted.

 

It is not INERLOCUTORY order so if exemption is not granted should go in revision since it will solve all the major trouble of attending courts from long distances.

1 Like

Adv k . mahesh (advocate)     15 April 2014

as explained above exemption is granted to persons who cannot appear due to important official work which can be explained by the lawyer

lot of cases are their just browse in indiakanoon website about exemption you find en number of cases

1 Like

navdeep (ABM)     15 April 2014

can exemtion be granted for DV case even for first appearence ???

1 Like

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     16 April 2014

Yes it can be granted. But this opportunity should not be lost to raise fundamental objections.

 

SIMPLE SOLUTIONS FOR COMPLEX LEGAL PROBLEMS.

1 Like

insaniyat (Engineer)     16 April 2014

as stated by experts above, the lawyer's role is really important to draft the application with valid reason.

 

1 Like

Sudhir Kumar, Advocate (Advocate)     16 April 2014

exemption from attendance in criminal case is not a cake walk

1 Like

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     17 April 2014

It is right for a fair trial. Law provided attendance only at the time of evidence and not for every dates as now being followed.

 

Supreme court citations in this matter must be properly used.

 

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 April 2014

Despite plethora of citations, exemption is as good as the discretion of the court. Which can be exercised only when the court sees necessary condition and that does not cause unnecessary delay in the case.

 

In normal condition the evidence is taken in the presence of the accused and not otherwise.

 

Regards,
 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.
1 Like

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