Do we have any judgement / case where POA allowed to represent on behalf of respondent ? Trial Judge / opposite lawyer taking objection to appear to POA on behalf of respondent who is NRI
There is no law which proscribe a POA holder to sign or appear o behalf of the litigant.
There are numerous decisions on this.
However there is restrictions to give evidence in court for the POA holder unless he has got personal knowledge of the dispute.
Without knowing the full details no proper citation can be give.
You can reply to applicant lawyer by requesting judge to allow the admission of video conferencing for NRI applicant.
In domestic violence cases and in matrimonial matters it is not possible for the parties to not be present. An application for video conferencing may be filed and statements be taken.
POA can represent the respondent
2) there is no bar for respondent being represented by POA holder
Hi All, We have already made these arguments in our last hearing. This case is going at Village side trail court. Judge is new & young in experience so he need any ongoing case or judgement as reference to approve POA holder to represent on behalf of respondent. My brother is in US & POA is done between him & me to represent in any legal cases including DV. So I am looking here reference case / judgement to convince judge accept our POA. DV is filed with kalam 12,17,18,19,23 & (30 ,31 for protection act) I have found few references where POA allowed for petitioner in DV but nothing found so far for responder. So help me with reference of any on going case or Judgement where POA is allowed in DV for respondent side. Anything will do.
If POA is allowed for Petitioner in DV case then it should also be allowed in DV cases for respondent
unable to find any specific judgment in this regard
In criminal cases the respondents are not allowed to be represented by a POA agent, there is no provision for that in law.
Since the DV case is a quasi criminal cae, for all practical purposes the criminal procedure code shall be applied hence there is no provision ion criminal law for the respondent to be represented before court through any authorised representative including a POA agent.
POA is not allowed for evidence and other stages it's only allowed for attendance. Respondent needs to attend the court and face the necessary stages for trial
1. There is no provision in criminal procedure code where accused or respondents are allowed to appear through POA.
2. Your brother have to appear personally in this case as it is a criminal complaint case against your brother.
Yes, we do understand that you need the reference citation on urgent basis but it's time consuming and lengthy procedure.
Dear Sir,
Your presence in not mandatory in DV and divorce cases. ...
2) you can execute POA have it attested before Indian consulate and send it to your lawyer in India ... Such applications are rarely allowed by the trial court,
1. The objection of your opponent lawyer has no basis at all. If the vakalatnama has been duly executed and signed by you then your lawyer to receipt of it through courier can appear in the case and represent you. Similarly, your objection can be notarized if you are staying out of India and sent to India to be filed in court. This is very much valid.
2. There is absolutely no requirement for citing any decision as if your opponent is opposing it then let him cite the decisions. There is no legal bar in doing so.
