TMI Blog1999 (3) TMI 635X X X X Extracts X X X X X X X X Extracts X X X X ..... declined to grant permission as the request for such permission did not emanate from the respondent-couple themselves. Thereupon appellant moved the High Court of Kerala under Article 226 of the Constitution for issuance of a direction to the Sessions Judge concerned to grant the permission sought for. A Single Judge of the High Court dismissed the original petition against which appellant filed a writ appeal which too was dismissed by a Division Bench of the High Court. Undeterred by the successive setback in securing a right of audience on behalf of the aforesaid couple the appellant travelled the long distance from the southern end of the country right up to the National Capital to personally argue before the apex Court that he is ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould have been appointed with the permission of the court to act in such proceedings. This is in tune with Section 32 of the Advocates Act 1961 which empowers a Court to permit any person, who is not enrolled as an advocate to appear before it in any particular case. But if he is to plead for another person in a criminal court, such permission should be sought for by that person. It is not necessary that the pleader so appointed should be the power of attorney holder of the party in the case. What seems to be condition precedent is that his appointment should have preceded by grant of permission of the court. It is for the court to consider whether such permission is necessary in the given case and whether the person proposed to be appoi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hence accountable to the court. Efficacious discharge of judicial process very often depends upon the valuable services rendered by the legal profession. But if the person proposed to be appointed by the party is not such a qualified person the court has first to satisfy itself whether the expected assistance would be rendered by that person. The reason for the Parliament for fixing such a filter in the definition clause [Sec.2(q) of the Code] that prior permission must be secured before a non-advocate is appointed by the party to plead his cause in the court, is to enable the court to verify the level of equipment of such person for pleading on behalf of the party concerned. V.R. Krishna Iyer, J. had occasion to deal with a similar m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... another to act for him. In Blacks Law Dictionary it is described as the instrument by which a person is authorised to act as an agent of the person granting it. Section 2 of the Power of Attorney Act, 1882 empowers the donee of a power of attorney to do anything in and with his own name and signature by the authority of the donor of the power. Once such authority is granted the said Act recognises that everything done by the donee shall be as effectual in law as if it had been done by the d of the power in the name and with the signature of the donor thereof. Under the English Law, every person who is sui juris has a right to appoint an agent for any purpose whatsoever, and he can do so when he is exercising statutory right no less than ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... context reference can be made to a decision rendered by a Full Bench of the Madras High Court in M. Krishnammal v. T. Balasubramania Pillai (AIR 1937 Madras 937), when a person, who was the power of attorney holder of another, claimed right of audience in the High Court on behalf of his principal. A Single Judge referred three questions to be considered by the Full Bench, of which the one which is relevant here was whether an agent with the power of attorney to appear and conduct judicial proceedings has the ri court. Beasley, C.J., who delivered the judgment on behalf of the Full Bench stated the legal position thus: An agent with a power of attorney to appear and conduct judicial proceedings, but who has not been so authorised by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
