Power of Attorney Act, 1882, Section 2, Rajasthan Public Trust Act, 1959, Section 2(17), 2(18) -- Power of attorney holder of Trust who was Manager of Trust - As per provisions of Ss.2(17) and 2(18) of Act of 1959, Manager of a Trust holds the capacity of a Trustee - He can lead evidence on behalf of Trust...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed by power of attorney holder in his own name and not as power of attorney holder of payee of cheque - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Govt. undertaking - Complaint filed by Branch Manager - No power of attorney executed in favour of Branch Manager on the date the complaint was filed - Power of attorney was executed in favour of Branch Manager much later of filing of the complaint - No clause in power of attorney ratifying the earlier..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree set aside on the basis of statement of registered power of attorney holder of plaintiff - Application by plaintiff to set aside such order as being the result of fraud played by power of attorney holder - Such assertion denied by defendant - In such circumstances, it was..........
Agreement to sell -- Specific performance - Readiness and willingness - Evidence by Power of attorney holder - Plaintiff cannot examine in his place, his attorney holder who did not have personal knowledge either of the transaction or of his readiness and willingness...........
Agreement to sell -- Specific performance - Readiness and willingness - Evidence by Power of attorney holder - Plaintiff cannot examine in his place, his attorney holder who did not have personal knowledge either of the transaction or of his readiness and willingness...........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of Attorney Holder - Can only depose about the facts within his personal knowledge and not about those facts which are not within his knowledge or are within the personal knowledge of the person who he represents or about the facts that may have transpired much before he entered the scene...........
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..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Complaint by company - Evidence of Power of attorney/PW1 - PW1 had given evidence as branch accountant of complainant company and not as Power of Attorney - Transaction was prior to appointment of PW1 in company - PW1 has no direct knowledge regarding transaction - When complainant limits the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney who filed the complaint needs to aver that he has knowledge of complete transaction...........
