1959 Supreme(Ker) 29

Judges : T.K.JOSEPH
Achuthan Kadalayi - Appellant
Versus
State - Respondent
Case No : Crl. R. P. No. 415 of 1958
Decided On : 01/28/1959
Advocates Appeared :
V. Bhaskaran Nambiar; For Petitioner Government Pleader; For State

The main legal point established is that, as per the Rules in force in Madras, neither a stamped vakalath nor a vakalath is necessary for the accused in this case.

Headnote:

vakalath - Court Rules - The court held that according to the Rules in force in Madras, neither a stamped vakalath nor a vakalath is necessary for the accused in this case, as clarified by S.72 (2) of the Court Fees Act and Art.28 of the Madras Criminal Rules of Practice.

Fact of the Case:

The accused filed a revision petition alleging non-production of a stamped vakalath, which was contested by the public prosecutor.

Finding of the Court:

The court found that, as per the applicable Rules in force in Madras, neither a stamped vakalath nor a vakalath is necessary for the accused in this case.

Issues: The issue revolved around the necessity of a stamped vakalath for the accused in the case.

Ratio Decidendi: The court relied on S.72 (2) of the Court Fees Act and Art.28 of the Madras Criminal Rules of Practice to clarify that a vakalath is unnecessary for the accused in this case.

Final Decision: The court ordered accordingly, stating that there was no defect in the non-production of a stamped vakalath by the accused.