General power of attorney -- Once power of attorney has been proved to have been duly executed which contains power to sell, then sale by power of attorney who was given specific power is entitled to sell the land...........
Civil Procedure Code, 1908, Order 29, Rule 1 -- Company/Corporation - Institution of suit through power of attorney - For institution of suit power of attorney is not required to be registered - Suit cannot be dismissed on the ground that power of attorney is not registered - However, Court can call upon the company/corporation to file an affidavit of competency, which is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank - Complaint filed by Manager of Bank - In absence of power of attorney or a valid authority or authorisation by the Bank in favour of the Manager who has filed the complaint, the complaint cannot be entertained - Conviction cannot be passed on such a complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint presented by Power of Attorney Holder - Validity - As per the nature of authorisation given it is clear that power of attorney holder has been given all powers to do all that which is necessary on behalf of principal - Complaint filed by POA holder is found to be valid...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Complaint filed by special power of attorney holder - Complaint is maintainable as company had authorised him to file complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint signed by power of attorney holder and not by payee - Power of attorney holder cannot be said to be either the payee or the holder in due course - Summoning order set aside...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint signed by power of attorney holder - Power of attorney holder is not payee or holder in due course - Summoning order set aside - Complaint remitted back - Trial Court to summon the payee and thereafter to pass appropriate orders after examining the payee u/s 200 Cr.P.C. - Since the..........
Contract Act, 1872, Section 208 -- GPA - Cancellation - Notice - There is no necessity of written notice of cancellation of general power of attorney by the principal to his attorney - However, there must be adequate evidence to establish the factum of notice verbally or written to the attorney and also to the subsequent vendees...........
Transfer of Property Act, 1882, Section 3, 41, Registration Act, 1908, Section 30, Contract Act, 1872, Section 208 -- Sale by GPA holder - Cancellation of GPA - Unless it is proved that vendees had notice of cancellation of power of attorney, it has no impact on validity of sale...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte ejectment order - Setting aside - Defendant not appearing as his own witness - Facts as to whether defendant was served or not and whether he refused service and whether Munadi was conducted or not are such facts which are in the personal knowledge of defendant and he..........
