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march 1999

Supreme Court of India · 1999-03-31

T.C.MATHAI vs PRINCIPAL DISTT.& SESSIONS JUDGE

Citation / case number
SC 1999/1139
Court
Supreme Court of India
Petitioner
T.C.MATHAI
Respondent
PRINCIPAL DISTT.& SESSIONS JUDGE
Author
M.B.SHAH K.T.THOMAS
Bench
M.B.SHAH K.T.THOMAS

Judgment text excerpt

The Supreme Court ruled that a power of attorney holder cannot represent a party in a criminal proceeding without the express permission of the court, as stipulated in Section 303 of the Code of Criminal Procedure and Section 32 of the Advocates Act, 1961. The court emphasized that while a power of attorney grants authority to act, it does not automatically confer the right to plead in court unless the court permits it. The appeal was dismissed, affirming the lower courts' decisions that denied the appellant's request to represent the respondent-couple.

T.C.MATHAI vs PRINCIPAL DISTT.& SESSIONS JUDGE · Niyam