Civil Procedure Code, 1908, Order 27, Rule 1 -- Suits by or against Government - Authorization to sign and verify papers, affidavits and vakalatnama - Only officers appointed by Government U.O.27.R.1 CPC can sign and verify papers, affidavits and vakalatnama in legal proceedings - Said power cannot be delegated to any other officers, not appointed by Government...........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Vakalatnama - Not signed by Advocate - It is a curable defect...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Report of handwriting expert was sought for comparison of signatures on admitted documents with signatures made on reply to interrogatories and vakalatnama - Suit filed for permanent injunction restraining defendant from encashment of bank guarantee - Bank guarantee is an independent..........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Vakalatnama - Authority of counsel - Withdrawal of writ petition - Counsel was duly authorized to appear and plead on behalf of petitioners in terms of O.3.R.4 CPC as per Vakalatnama - Counsel while exercising his legal judiciousness decided to withdraw the writ with a liberty to pursue remedies which lie elsewhere -..........
Criminal Procedure Code, 1973, Section 372, 2(wa) -- Appeal against acquittal - By father of victim - Not maintainable - As regarding impleadment application filed on behalf of victim, same is also not in order, as it is not supported by affidavit of victim nor any reason has been given in this regard - Even, she has not engaged counsel for filing appeal as there is no..........
Advocate on record -- Partnership firm of advocates - Permission to write different style of names - Petitioner who is registered as an Advocate on Record with Supreme Court seeks to state in his letter head and while filing Vakalatnama as `Law Chambers of Siddharth Murarka' - This is the style petitioner seeks to adopt by reference to Law Chambers with his name following..........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Appeal - Vakalatnama - No written vakalatnama in favour of counsel of one of the defendants who represented him in appeal - However, counsel was engaged by father and brothers of said defendant who appeared as co-defendants in a suit for specific performance in which their interest was common - Moreover, defendant not chosen..........
Criminal Procedure Code, 1973, Section 340, 195 -- Forgery or forged document - Mere incorrect statement in vakalatnama would not amount to create a forged document and it cannot be reason for exercising jurisdiction u/s 340 Cr.P.C for issuance of direction to lodge criminal complaint against accused...........
Criminal Procedure Code, 1973, Section 482, 195, Indian Penal Code, 1860, Section 193, 466, 468, 471 -- Quashing of FIR - Creation of forged documents - Allegation that accused committed forgery by filing false vakalatnama seeking anticipatory bail - Accused admitted their signatures in Vakalatnama - However, mistakenly wrong date and place was mentioned in it with no..........
Criminal Procedure Code, 1973, Section 374, Limitation Act, 1963, Section 5 -- Appeal against conviction - Condonation of delay of 4 years - Plea of appellant that they are ignorant as their advocate not informed them about their conviction - In absence of mentioning name of advocate and filing its vakalatnama - Delay cannot be condoned...........
