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In Re: Munirama Reddi

Type Court Judgment Court Chennai Decided Mar 12, 1909
~1 min read
https://sooperkanoon.com/case/798683

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Citation
Court
Chennai
Judge
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code (Act V of 1898), Section 340 - Vakalatnama--Practice--Procedure--Memorandum of appearance. -

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Munirama Reddi

Legal References

Reported In
1Ind.Cas.546a

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.

Full 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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