Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Summoning order - Affidavit filed by power of attorney holder as evidence u/s 200 Cr.P.C. - Affidavit reveals that it is executed by power of attorney holder `G' but Oath Commissioner records in it that this affidavit was sworn, signed and verified by `V' -..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Without payment of consideration - Sale deed executed by power of attorney holder, in favour of wife and minor sons - Wife and minor sons having no earning capacity - No evidence adduced about payment of price mentioned in the sale deeds as well as the earning capacity at the relevant time of his wife and minor sons..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 482 -- Dishonour of cheque - Additional evidence - Accused was assigned to sell property belonging to complainants who sold their property belonging to complainants who sold their property and taken money from purchasers but not paid complainant - Cheques which were issued to..........
Agreement to sell -- Specific performance - Readiness and willingness - Evidence of power of attorney - PW1, being power of attorney of plaintiff had no personal knowledge either of transaction or his readiness and willingness - Readiness and willingness referred to state of mind and conduct of purchaser, as also his capacity and preparedness on the other - Since, PW1 had..........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of attorney holder - Suit for fixation of rent - Tenant sought permission of Court to appoint his brother as special power agent by assigning all power pertaining to suit including to give evidence - Both power agent and tenant are doing business together as partners in premises - Power agent can appear before Court..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Power of attorney holder can represent the principal but cannot give evidence in place of the principal...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Power of attorney - Plaintiff successfully proved existence of power of attorney - Defendants denied not in possession of any such power of attorney - Order granting permission to plaintiff to prove the same by way of secondary evidence, upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of complainant for the amount due to complainant and 12 others - Only an amount of Rs.20,000/- is due to the complainant and balance amount of Rs.2,40,000/- belongs to 12 others - Without power of attorney or authorization or any other evidence authorising the payee or holder in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of complainant for the amount due to complainant and 12 others - Only an amount of Rs.20,000/- is due to the complainant and balance amount of Rs.2,40,000/- belongs to 12 others - Without power of attorney or authorization or any other evidence authorising the payee or holder in..........
Evidence Act, 1872, Section 102 -- Burden of proof - Forged power of attorney - Plaintiff who executed Power of attorney in favour of defendant has nowhere pleaded that she was a pardanasheen illiterate lady - Burden of proof rest on shoulders of plaintiff to establish that Power of Attorney was a forged document - High Court committed error by disturbing the concurrent..........
