Litigation is long drawn process
What is the status of your case ?
you can request Judge to give short dates as it is part heard matter and pending for 8 years
My father passed away last month. He had an ongoing case in District court since 2018 for a bounce cheque that his firm received. I live overseas so have passed POA of the case to my relative as someone needs to attend the hearing each month. What is the best way to speed up the process as case is just getting dragged on.
Litigation is long drawn process
What is the status of your case ?
you can request Judge to give short dates as it is part heard matter and pending for 8 years
Request the court for short date. In criminal case legal heirs are not required. So on expiration of father, case cannot continue.
Much depends on lawyer of complainant. In stead of complicating by approach HC, instruct your lawyer to take up steps to speed up proceedings.
The power of attorney deed will be automatically revoked on the death of the principal.
Now the LRs have to continue the case.
If it is the firm then the firm can continue the same through its authorised representative.
Without knowing the status of the case pending before court any opinion rendered will be a misguidance.
Case - 4th time cross examination. Now it is plantiff’s turn to do so. We have been advised by our lawyer as the case is under my father’s firm name. It will still continue based on POA assigned by the legal heirs. Is this correct?
If it’s against partnership firm then it will continue with his legal aid if it would be against only father then it would have been abated after his death
Sir/Madam,
Since the case under the name of the firm, the partners of the firm would be respondent/responsible to look after the case.
As a legal heir of complainant of the proprietor of firm a POA is issued by you. Case will continue through POA.
The firm can execute a POA deed by a resolution to continue the case on their behalf upon the death of your father, there is no legal infirmity in it. Your lawyer is following the correct procedures, you may proceed as per your lawyer's advice.
- Yes, it is right that the case can be continued by the legal heirs after the death of the complainant/petitioner.
- You can give POA to any on the legal heirs to pursue the case , if he has complete knowledge of the said case.
- However, as this case is filed by the firm then it can be continued by any of the reprehensive /partner/director of the firm.
1️⃣ Case Continuation After Your Father’s Death
2️⃣ Ways to Expedite the Case
✅ File an Application for Early Hearing – Request the court to expedite proceedings under Section 143(3) of the NI Act, citing undue delay.
✅ Request for Time-Bound Proceedings – Seek a directive for a fixed timeline for completing cross-examination.
✅ Move a High Court Petition – If delays are excessive, file a writ petition under Article 227 of the Constitution for faster disposal.
✅ Oppose Unnecessary Adjournments – Ensure your lawyer strongly objects to unnecessary adjournments by the accused.
Would you like assistance in drafting an application for early disposal?
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
Dear Client,
Your father's firm is the one under which the case is registered. Therefore, it will go on even after his demise, provided the POA given by the legal heirs is still subsisting. Your relative will have a right to attend the hearings, for she has been given a right to act as the POA. Thus, the case will go on with the prevailing structure. To make it quicker, you can request your lawyer to file for a speedy trial or seek to fix a hearing schedule with the court in order to avoid multiple adjournments. It is essential that all procedural submissions are taken care of on time and that your representative gives active presence in the court. Further, you may keep continuous follow-ups with your lawyer to check on delays or other administrative hurdles so the case may keep its pace.
Hope this helps, and feel free if there is any legal query.