Legal Question in Criminal Law in India
Hi,
I have filed a check bounce case against a person in the court. I have attended the sworn statement and now I am out of India. As per my lawyer, I have a given a GPA to my co brother to attend all court proceedings on behalf of me.
Now my lawyer says there is a recent Supreme Court order to not to allow any GPA holder for court proceedings. Only the primary complaint has to attend. Is there any alternate way ( i am not in a position to attend the court)?
--Thanks
4 Answers from Attorneys
Instead of GPA give an SPA to your brother to contest the case.
Since your lawyer is better equipped to deal with the situation, you should better follow his advice.
If there is a supreme court ruling, then that is final.
even when there is a supreme court ruling, each ruling is not a precedent, so check from your lawyer if it is a precedent or it comes under doctrine of sub silentio or per incuriam. if it is a precedent it is regarded as law declared by SC and is binding on all the courts otherwise no.
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