Search Results for "Power of attorney holder"

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High Court

Gujarat High Court Allows Appeal in NI Act Dishonour of Cheque Case — Acquittal Set Aside Due to Improper Appreciation of Evidence and Failure to Draw Statutory Presumptions Under Sections 118 and 139 of the Negotiable Instruments Act, 1881. The court held that the Power of Attorney holder can file complaint and the accused failed to rebut the presumption that the cheque was issued for a legally enforceable debt.

9 Mar 2026

The appellant, Avdhut Finance, a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, through its Power of A...

High Court

High Court of Karnataka Allows Criminal Revision Petitions in Cheque Dishonour Case — Conviction Set Aside Due to Non-Examination of Complainant. The court held that the complainant must personally testify to prove the cheque and signature under Section 138 of the Negotiable Instruments Act, 1881, and failure to do so renders the complaint not maintainable.

24 May 2022

The case involves a dispute under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) regarding the dishonour of a cheque. The complainant, M...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit Due to Plaintiff's Failure to Prove Readiness and Willingness. The court held that a suit for specific performance is not maintainable without challenging the cancellation of the agreement, and the plaintiff must personally prove readiness and willingness.

1 Oct 2019

The case involves an appeal by the defendant against concurrent decrees for specific performance of an agreement for sale of a house. The agreement wa...

High Court

Bombay High Court Dismisses Petition Challenging Order Allowing Examination of Power of Attorney Holder Before Plaintiff in Defamation Suit. No Prejudice or Abuse of Process Found as Trial Court's Discretion Was Properly Exercised Under Order XVIII Rule 3A CPC.

11 Oct 2018

The petitioners, defendants in Special Civil Suit No. 17/2013 for defamation, challenged the trial court's order allowing the respondent-plaintiff to ...

High Court

Bombay High Court Allows Second Appeal in Property Injunction Case Due to Hearsay Evidence and Inconsistent Pleadings. Power of Attorney Holder's Testimony Based on Information from Father Held Inadmissible, and Decree for Injunction Cannot Be Granted When Plaintiff Failed to Prove Part of the Property.

5 Feb 2016

The case involves a second appeal before the High Court of Bombay at Goa arising from a property dispute. The appellants (defendants) challenged the j...

High Court

Bombay High Court Dismisses Appeal in Cheque Bounce Case Due to Lack of Locus Standi — Complainant Not Proprietor or Holder in Due Course. The court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881, must be filed by the holder in due course or the authorized power of attorney holder, and the appellant, who falsely claimed to be the proprietor, had no locus standi.

19 Sep 2013

The appellant, Upendra Devendra Lad, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondents, including M...

High Court

Bombay High Court Allows Appeal Against Discharge in Cheque Dishonour Case — Complaint by Power of Attorney Holder is Maintainable. The court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by a power of attorney holder of the payee is maintainable and the complaint was within limitation.

30 Jul 2012

The appellant, Gautamchand Inderchand Kochar, proprietor of Kochar Finance, filed a criminal appeal against an order of discharge passed by the Judici...

High Court

Bombay High Court Allows Second Appeal in Co-ownership Dispute Over Property Rights and Evidence of Power of Attorney Holder. Court holds that a constituted attorney can depose on oath on behalf of the party and that revenue records do not create title but can be used to show possession or co-ownership.

30 Sep 2005

The case involves a second appeal by the defendant against the judgment of the Additional District Judge in a suit for permanent and mandatory injunct...

High Court

Bombay High Court Allows Substitution of Legal Heir in NI Act Appeal After Complainant's Death. The court permitted the brother and power of attorney holder of the deceased appellant to be substituted to pursue the appeal under Section 138 of the Negotiable Instruments Act, 1881.

11 Jan 2005

The case involves an application filed by Hasmukhbhai Kanjibhai Raja, the brother of the original appellant Umesh Kanjibhai Raja, seeking leave to be ...

High Court

Bombay High Court Dismisses Revision Against Conviction in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Accused Failed to Prove Cheque Was Issued as Security, Not for Repayment of Loan.

30 Nov -0001

The case involves a criminal revision application filed by the accused, Vyomesh Jitendra Trivedi, challenging his conviction under Section 138 of the ...

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