Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Possession of plaintiff over suit property is not disputed - Necessary consequences of declaring general power of attorney and lease deed executed in favour of plaintiff was restoration of possession - However, defendant failed to seek consequential relief of restoration of possession - Counter claim seeking..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, Rule 22(3)(1) -- Property of mother - Eviction of son and daughter-in-law - Property has been allegedly purchased by father in the name of mother through general power of attorney and other supporting documents - Though..........
Suit for possession -- Suit for possession and mesne profits - Suit filed on the basis of agreement to sell, Power of Attorney, an Affidavit and a Will - No title can be transferred with respect to immovable property on the basis of an unregistered agreement to sell or on the basis of an unregistered General Power of Attorney - Even if agreement to sell and power of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed through General Power of Attorney holder - GPA examined as a witness and cross examined - Thereafter complainant himself cannot be allowed to appear as his own witness as in that event complainant would get a chance to rectify the lacunae that surfaced during cross examination of his GPA..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed through General Power of Attorney holder - Original GPA not produced - GPA neither aware of the transaction involved in the complaint, nor did he assert such knowledge in the complaint nor he had sworn in the affidavit that he was aware of the transactions involved - Dismissal of..........
Power of Attorney -- General power of attorney holder cannot delegate his powers to another person but it can be delegated when there is specific clause permitting sub-delegation...........
CBI (Crime) Manual, 2005 -- Para 23.21 - Conversion of preliminary enquiry into regular case - Additional Director CBI recommended conversion of preliminary enquiry into a regular case against certain named officials and persons - Difference of opinion between the Director of CBI and Director of Prosecution CBI, matter was to be referred to the Attorney General - There is..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of Code - Filed by Power of attorney holder - Maintainability - General authorization given to an officer of financial creditor by means of power of attorney, would not disentitle such officer to act as authorized representative of financial creditor while filing an application u/s 7 of Code, merely..........
Protection to life and liberty -- Property dispute between son and mother - Son sought protection against his mother - Son got a General Power of Attorney of share of his mother in his name to deal with house in any manner and by way of present petition, he wants to create grounds to oust his own mother from the house, who is a senior citizen and further to sell it - Said..........
Criminal Procedure Code, 1973, Section 154, 300 -- Two FIRs - Sale of land on the basis of forged general power of attorney - Substratum of two FIR's common - Mere addition of Ss.467, 468 and 471 in the subsequent FIR cannot be considered as different ingredients to justify latter FIR as being based on different materials, allegations and grounds - Acquittal in earlier FIR..........
