Civil Procedure Code, 1908, Order 26, Rule 10A -- Disputed signatures - Report of Forensic Expert - Application for - Declaratory suit filed to declare that sale deed was void - Defendant filed application to send disputed signatures in General Power of Attorney to be compared with admitted signatures of plaintiff in General Power of Attorney and sale deed - Trial Court..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt/liability - Complainant No.2 filed complaint as power of attorney of complainant No.1 - Authenticity of copy of General Power of Attorney in his favour was not proved - He also failed to prove that he was authorized or entitled to possession of cheques in his name - Held,..........
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17 -- Transfer of immovable property - Sale agreement, general power of attorney and Will do not convey any title nor create any interest in an immovable property - Immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance...........
Transfer of Property Act, 1882, Section 54, 105 -- Transfer of immovable property - Can be by way of registered conveyance deed and not by executing agreement to sell, general power of attorney and Will - It applies not only to deed of conveyance in regard to freehold property but also to transfer of leasehold property - A lease can be validly transferred only under a..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Conviction - Validity - Whether petitioner/accused could have been convicted on ground that he issued cheque as general attorney of Proprietorship firm? - Held, yes, vide this power of attorney sole proprietor of Proprietorship Firm constituted petitioner/accused as her lawful general power of..........
General Power of Attorney -- Principal despite executing power of attorney when acts himself it amounts to implied revocation of power of attorney...........
General Power of Attorney -- Principal can act independently even after executing power of attorney and for this he need not to take the consent of the attorney...........
General Power of Attorney -- Principal is not bound to consult his attorney before signing a compromise petition...........
Consumer Protection Act, 1986, Section 2(c) -- Complaint - Power of attorney - Institution of complaint by power of attorney - Held that there is no provision in the Act debarring the power of attorney holder to file the complaint - In general law, the power of attorney can file the suit if he is authorized to do so - The complaint could be presented by the holder of power..........
Consumer Protection Act, 1986, Section 2(c) -- Complaint - Power of attorney - Institution of complaint by power of attorney - Held that there is no provision in the Act debarring the power of attorney holder to file the complaint - In general law, the power of attorney can file the suit if he is authorized to do so - The complaint could be presented by the holder of power..........
