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In Re: Munirama Reddi - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in1Ind.Cas.546a
AppellantIn Re: Munirama Reddi
Excerpt:
criminal procedure code (act v of 1898), section 340 - vakalatnama--practice--procedure--memorandum of appearance. - ordermunro, j.1. under dis. no. 272 of 1907, whenever a pleader representing a party in any criminal proceeding does not file in court a vakalath from his client, such pleader shall be required to file a memorandum of appearance containing a declaration that he had been duly instructed to appear for or on behalf of the party whom he claims to represent. in the present case it was not necessary for the magistrate even to ask for this memorandum as the party was present in person along with his vakil. the conviction and sentence are set aside and the magistrate directed to give the appellant's vakil an opportunity of being heard and to dispose of the appeal according to law.
Judgment:
ORDER

Munro, J.

1. Under Dis. No. 272 of 1907, whenever a pleader representing a party in any Criminal proceeding does not file in Court a Vakalath from his client, such pleader shall be required to file a memorandum of appearance containing a declaration that he had been duly instructed to appear for or on behalf of the party whom he claims to represent. In the present case it was not necessary for the Magistrate even to ask for this memorandum as the party was present in person along with his Vakil. The conviction and sentence are set aside and the Magistrate directed to give the appellant's Vakil an opportunity of being heard and to dispose of the appeal according to law.


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