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Pawan (officer)     21 July 2013

Is counter affidavit filed by gpa holder valid?

A.P High Court Rule 5*12  (i)  (a)  states that "  Every Respondent in every Writ Petition intending to enter appearance and oppose any Writ Petition on which notice is issued by the High Court, shall enter appearance and file a Counter Affidavit in opposition as soon as may be and in any event not later than six months from the date of service of notice in the Writ Petition or the Service of Rule nisi on the said Respondent “unless otherwise directed by the court”.

In a criminal quash petition,is counter affidavit filed by GPA holder on behalf of respondent valid? If it is invalid, how to get the counter affidavit rejected?

 



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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 July 2013

The Powers of Attorney Act, 1882 defines a 'power of attorney' as including any instrument empowering a specified person to act for and in the name of the person executing it. He can file affidavits. 

Chetan Joshi (Advisory/Advocacy)     21 July 2013

Yes

 

 

 

Chetan(dot)7679(at)gmail(dot)com

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     21 July 2013

But affidavits should be on personal knowledge only and no heresay.


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