Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Complaint by company - Evidence of Power of attorney/PW1 - PW1 had given evidence as branch accountant of complainant company and not as Power of Attorney - Transaction was prior to appointment of PW1 in company - PW1 has no direct knowledge regarding transaction - When complainant limits the..........
Civil Procedure Code, 1908, Section 151, Order 3, Rule 2 -- Permission sought to lead evidence through husband and special power of attorney - Assessment of evidence cannot be done at the stage of consideration of application filed U.O.3.R.2 CPC - It is only after the evidence is led and witness is cross examined that Court has to assess whether the person, who has deposed..........
Agreement to sell -- Un-registered - Agreement in question did not prescribe any period of limitation - Total consideration amount of sale received from plaintiff by defendants - Possession also given to plaintiff - Mere fact that documents i.e agreement to sell and power of attorney being unregistered are not admissible as evidence, has been rendered meaningless...........
Evidence Act, 1872, Section 114 -- Adverse inference - Suit for declaration and permanent injunction - Plaintiff himself not appeared in witness box to testify in support of plaint - Power of attorney holder of plaintiff has not even produced original Power of Attorney on record despite being afforded opportunities to produce the same - Photocopy of power of attorney..........
Evidence Act, 1872, Section 45 -- Expert opinion - Denial of signatures by defendant on agreement to sell - Comparison of signatures with those on power of attorney and summons - Those signatures did not come in existence in presence of Court - It is thus appropriate to compare signatures with the one existing on previous litigation, prior to institution of suit - Order..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agreement to sell, power of attorney and sale deed whether forged and fabricated documents - Such disputed questions of fact can be decided on basis of evidence to be led by parties - Forgery pleaded cannot be a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Examination of Power of Attorney Holder for the principal - Power of Attorney Holder is father of plaintiffs and claims to have knowledge of facts of the case - Nothing prevents him from giving evidence of facts within his knowledge - Power of attorney holder permitted to depose for plaintiff No.1...........
Evidence Act, 1872, Section 85 -- Notarized power of attorney - Carries presumption u/s 85 of the Act...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed on basis of Power of Attorney which original plaintiff no.3 never executed - There was specific denial of very existence of Power of Attorney - Onus was thus, on defendants to have either produced Power of Attorney on record or to have led cogent evidence to..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff executed power of attorney empowering defendant no.2 to sell property - Defendant no.2 has executed sale deed in favour of defendant no.1 - However, plaintiff contended that defendant no.2 was bereft of authority to transfer the property in view of fact that he..........
