quesCan GPA file & plead criminal case( Principal in dementia)

A GPA was issued by a person to his son. Subsequently Person suffered dementia( loss of memory & speech & writting). After person sufferd with dementia, he files a civil recovery suite in lower court. After some time based on GPA , son files a criminal case in lower court. Under the circumstances that the person is under dementia, is filing any case is valid. Person does not remember any thing & criminal case is filed. Principal ( who has given GPA ) never appeared any of the case. Yet both cases are decided in his favour. GPA has thumb impressions & not signatures while person use to sign. What should we do now?

  • ansYour query is silent on
    1. " whose favour the case is decided?.

    2. on the provision under which son filed criminal case?.

    3. Briefly mention the main points order passed by court? 

    With respect to your query regarding filing suit, the suit can be filed onbehalf of man who suffers dementia  by next friend. Next friend herein means the person who is a guardian of man or should be closely related to the man so as to bonafidely ascertain the interests of the man,

    So if the suit is filed on behalf of the man by next friend , then the case is valid. However if it filed by man himself then you can file an objection and also question the maintainability.  

    Further, please provide exact complete clear facts mentioned above , so that we can further answer your legal query.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Criminal Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Criminal lawyers in India

Criminal Lawyers

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 13 years


Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 13 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 23 years


Advocate Sunil Dalal

  New Friends Colony
 Experience: 19 years


View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly