Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Hand loan - Recovery suit - PW1/power of attorney holder of plaintiff is admittedly father of plaintiff - He had full personal knowledge of entire loan transaction, as loan transaction is routed through him and he was present during course of transaction - Merely because PW1 is a special Power of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Examination of power of attorney as witness - It is not essential that complainant himself to be examined to prove a case u/s 138 of the Act - However, power of attorney who is examined as a witness in place of complainant, should have witness issuance of cheque and money..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Right of principal to enter witness box is not lost, moreso when his evidence is not closed, even when power of attorney holder is examined as a witness, as power of attorney holder has a limited right to depose and he cannot be permitted to depose on behalf of the principal for the acts done by..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Proviso - Compromise through power of attorney - Validity - Matrimonial dispute - Lack of acceptance of talaq - Wife contended that power of attorney holder accepted `talaq' pronounced by husband on her behalf - However, nothing on record to disclose that wife was ignorant of talaq pronounced by husband and also there is no..........
Civil Procedure Code, 1908, Order 23, Rule 3 - - Compromise through power of attorney - Validity - Fraud and misrepresentation - Matrimonial dispute - Circumstances if any supporting allegations of fraud and misrepresentation were not brought on record by any evidence by wife - Wife alleges that compromise was formulated in such a manner as to make out that none of her..........
Evidence Act, 1872, Section 40, 41, 42, 43, 44 -- Judgment of civil Court - Finding of Civil Court regarding validity of power of attorney will have no bearing upon criminal Court...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Non-examination of complainant - Adverse inference - Complainant executed power of attorney in favour of his daughter/PW1 - Accused not disputed the genuineness of power of attorney - Evidence of PW1 shows that she had personal knowledge about transaction which took..........
Transfer of Property Act, 1882, Section 105, 111 -- Lease deed - Proof of - Power of Attorney holder, son of landlord deposed in respect of said agreement on basis that he was present when terms of tenancy were discussed - Evidence of said witness cannot be discarded on ground that when landlord himself was available, his power of attorney holder could not depose in..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Suit for declaration - General Power of Attorney Holder (GPA Holder) - Defendant contended that GPA Holder of plaintiff had no personal knowledge of material facts - However, GPA Holder who deposed as PW1 has personal knowledge of material facts of the case - Moreover, this contention is loosely taken in first Appeal and..........
Agreement to sell -- Specific performance - Readiness and willingness - Evidence of power of attorney holder in respect of matter of plaintiff's state of mind i.e of his readiness and willingness to perform agreement to sell at all times is not admissible. (Specific Relief Act, 1963, S.16(c)...........
