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


Asked on 10/14/11, 4:37 am

4 Answers from Attorneys

Instead of GPA give an SPA to your brother to contest the case.

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Answered on 10/14/11, 4:41 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Since your lawyer is better equipped to deal with the situation, you should better follow his advice.

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Answered on 10/14/11, 9:57 am
Shrichand Nahar S.V.Nahar, Advocate

If there is a supreme court ruling, then that is final.

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Answered on 10/15/11, 12:20 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

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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Answered on 10/15/11, 12:55 am


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