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Prakash REddy (retired)     05 November 2011

Minor to be examined in the court

My minor daughter and myself filed cheque bounce case against an individual. He requested for examination of complainant, which court has permited.

  1. As a power of attorney holder can I presnt myself instead of  my daughter  or she must be present?
  2. Can I assist her in the court during examination?

Thanks 

ABRP Reddy



Learning

 8 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 November 2011

Dear ABRP

who is complainant in this matter

1 Like

(Guest)

NIA ACT.Why did you involve your daughter in a serious matter like this. Now he'll object to you being appointed as a Guardian Ad litem under Order 32 CPC. After that he'll get a lawyer of his choice appointed as a guardian ad litem sabotaging the entire case. If its not a very heavy sum withdraw the case,or if the sum is very heavy then this case gets protacted. Get hold of a legal mediator to recover your money to some extent.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 November 2011

Jareena Khatun v/s state of assam 1992 CrLj 733 Gau

in the above said judgement the Gauhati HC held that child of 12 years old can be competent witness

many more judgements in this regards 

1 Like

(Guest)

Nadeem: IN USA 13 year olds and insane persons have been awarded death sentences.

Prakash REddy (retired)     08 November 2011

Mr Querishi, 

The complainant was my minor daughter. As legal gaurdian I signed the complaint and affidavit in Cheque bounce case. Now the accused's lawyer asked for examination of the complainant and judge granted it. Should she appear or can I represent her?

thanks

ABRP Reddy

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 November 2011

Dear ABRP

She will appear before the court and all the procesure would be followed. Examination in chief, Cross Examination any re- Examination if required.

you can't permited to represent her before the court.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 November 2011

It may be in USA but it is Our INDIA

1 Like

(Guest)

Next friend under order 32 of the CPC.


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