Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint through power of attorney holder - Law as to - Law as pronounced in A.C.Narayanan v. State of Maharashtra, 2013(3) Apex Court Judgments 323 (S.C.) : 2013(4) Criminal Court Cases 001 (S.C.) : 2013(4) Civil Court Cases 379 (S.C.) reiterated : (i) Filing of complaint petition u/s 138 of NI Act..........
Registration Act, 1908, Section 51, 57, 33 -- Power of attorney - Inspection - Since power of attorney is not compulsorily registrable u/s 17 of Registration Act it is not required to be placed in Book 1 - If power of attorney is registered u/s 18(f) of Registration Act it is maintained in Book 4 of which inspection is not contemplated by the Registration Manual and by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Cheque issued in favour of proprietorship firm - Complainant not owner of proprietorship firm - Complaint not filed through general power of attorney - Nothing on record to show that complainant had at any point informed accused that he was not owner of proprietorship firm -..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Sale deed executed by General Power of Attorney after cancellation of attorney by registered cancellation deed - Prima facie deemed that plaintiff was not a party to the sale deed - Plaint sought to be rejected on the plea that plaintiff is bound to affix ad valorem court fee - Rejection of application -..........
Civil Procedure Code, 1908, Order 39 -- Temporary injunction - Suit for declaration and interim injunction - Defendants No.1 and 2 executed sale deed in favour of defendant No.3 - Defendant Nos.1 and 2 executed registered general power of attorney on the same day in favour of one `M' - `M' executed registered sale deed in favour of plaintiff - Plaintiff and `M' had notice..........
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..........
