Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - During pendency of complaint Court allowed the son of complainant, his general power of attorney holder, to continue the proceedings - No ground to quash the proceedings...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 464, 423, 420, 34 -- FIR - Quashing of - Sale of land to daughter by General Power of Attorney holder inspite of specific notice of revocation of Attorney - Complaint cannot be quashed by holding that it is a matter of civil dispute when it prima facie discloses ingredients of offence complained...........
Consumer Protection Act, 1986, Section 30(2) -- Haryana Consumer Protection Rules, 2004, Rule 2(b) - Complainant - General Power of Attorney - Agent - GPA executed by the complainant in favour of 'P - 'P' can be construed as an agent of the complainant having the authority to file the complaint - District Forum held totally unjustified in dismissing the complaint by coming..........
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 - 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 -..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Insurance claim - Consumer - Subrogation - A letter of `assignment' as well as letter of `subrogation' and general power of attorney has been executed by the first respondent in favour of the second respondent Insurance Company - Insurance Company cannot be a `Consumer' within the meaning of CP Act for he had not hired the..........
Housing -- Plot allotment - Complaint filed for not charging the penal interest on the balance amount of the plot w.e.f 12.06.2001 till the development work is complete allowed by the District Forum - Possession of the plot taken by General Power of Attorney of the complainant on satisfying completion of development work - He is a highly educated person - Not believable..........
Indian Contract Act, 1872, Section 17, 18 -- Doctrine of no, est factum - Document envisaged by plaintiff entirely different in character than the one she actually executed - Her intention and mind was only to clothe defendant with a special power of attorney to prosecute the litigation against her to pursue the litigation initiated by her - However she ended up executing..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Suit for declaration regarding ownership - Plaintiff's claim that she is owner of suit property and defendants are rank trespassers - No document of title in favour of defendant - Defendant alleged secured power of attorney - Are also in possession of certain signed documents of predecessor in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - To restrain defendant from interfering with possession of premises on fourth floor of suit property - Defendant was owner of third floor of property - Plaintiff said to have acquired construction on fourth floor including right to terrace - Plaintiff claimed ownership through General power of Attorney and..........
