Negotiable Instruments Act, 1881, Section 138 -- Company - Dishonour of cheque - Complaint by power of attorney holder - Particular person, whose statement was taken on oath, at the first instance is not required to represent the company till the end of the proceedings - There can be occasions when different person can represent the company - It is open to the company to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - If transactions are witnessed by power of attorney or he has full knowledge of the transactions, his statement can be recorded by Magistrate for verification of the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Non-effective representation of complaint - In absence of any power of attorney or a valid authority by complainant in favour of said Recovery Officer, complaint itself cannot be entertained therefore, conviction based on such a complaint, is liable to be set aside - Conviction set..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Fire accident - Consignment damaged - Surveyor appointed - Claim settled by paying the amount to second appellant after obtaining a `Letter of Subrogation', `Assignment' and `General Power of Attorney' - Complaint by insurer - Contention that complaint is maintainable in a consumer case based on the `Letter of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint filed through power of attorney holder - Authority letter or power of attorney whereby attorney was authorised to file complaint on behalf of company not filed - Complaint, held, rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney holder - Complaint signed by power of attorney holder in his own name and not on behalf of complainant - Complaint is maintainable and not bad in law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint through power of attorney holder - Power of attorney - If not filed at initial stage can be filed even at a later stage when validity of the same is questioned and Court then has to decide the genuineness or the validity of the same...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney holder - It is not required to record the sworn affidavit of complainant also on a future date to enable the Court to exercise its discretion u/ss 202 & 203 of Cr.P.C...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney - Evidence - Question as to whether evidence of power of attorney holder is useful for deciding issues in suit or not has to be decided by Court at time of disposal of suit not at stage of recording evidence - Merely because plaintiff gives power of attorney to her husband, relationship between them does..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed by husband on behalf of wife on the basis of authority letter - Husband neither a general nor special power of attorney holder - In the authority letter it was no where undertaken that the executant would be bound by the acts done and conducted on her behalf in respect of the cheque -..........
