Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Mayuresh Gujar (Jr)     07 December 2010

tech. point relating GPA in 138 matter

sir

If MD of company execute GPA in favour of some officer for full power of filing 138 case ,give evidence,and other related things for 138 matter , and if that officer  left the company or resign.

then if that case is at the "stage of summons" , pls tell me what can i do under this circumstances?

can md execut new GPA if yes then what about old GPA?

what is the best for me in the 138 matter under technical piont?



Learning

 11 Replies

ashish lal (Advocacy)     08 December 2010

yes he can. 

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     08 December 2010

THE AUTHORISED PERSON CAN APPOINT THE NEW GPA ,DULY CANCELLING OLD ONE.

THE AUTHORIZED PERSON MUST BY BOARD RESOLUTION.  

samanchi srini vas (member)     08 December 2010

pls give model form to legal retainer appointment

kanwar Lal (Advocate)     24 December 2010

Yes he can appoint new gpa and if u are the cousel of complainant you cant file substitution application before the court for substitute the new gpa in place of old gpa and after that  you can pursue the complaint.

fyi i also belong to gurjar community you may contact me in future at the below given addr..........

kanwar lal chowdhary advocate

kanwar163@yahoo.co.in

kanwar Lal (Advocate)     24 December 2010

plz treat it you can file substitution application

wrongly typed

B.N.Rajamohamed (advocate / commissioner of oaths)     25 December 2010

Mr.Gujar,

                 The M.D. can give power to a new person to conduct the case but he must also depose before the court as to the nature of the transaction and the power he gave to an earlier person and its subsequent cancellation and appointment of a new power of attorney. 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     26 February 2011

Unnatural persobns like companies can appoint any no of persons to conduct cases on its behalf.

The basic problem if the defense advocate is smart will grill in cross. The person no aware are was not resposible at the relevant time will be fatal for the case.

Sarvesh Kumar Sharma Advocate (Advocacy)     26 February 2011

shashikumar

ADVOCATE FOR DEFENSE. FIGHT TO WIN.



 

Sarvesh Kumar Sharma Advocate (Advocacy)     26 February 2011

great sir ,

The basic problem if the defense advocate is smart will grill in cross. The person no aware are was not resposible at the relevant time will be fatal for the case.


 

sweta singh (n/a)     04 March 2011

subsitution petition can b filed in the court giving the reasons 4 substitution...........

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     05 March 2011

ALL SUCH CHANGES MAKE THE COMPLAINT CASE WEAK IN DEFENCE


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