Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights February 2023 Year 2023 This

Dishonour of Cheque - entitlement to power of attorney holder to ...


Supreme Court Rules Power of Attorney Holder Can Lawfully Delegate to Special Counsel in Cheque Dishonor Case.

February 22, 2023

Case Laws     Indian Laws     SC

Dishonour of Cheque - entitlement to power of attorney holder to depose further delegate / appoint special counsel - the power of attorney holder was appointed under the resolution of the board of directors of the appellant company and the draft of the power of attorney was duly approved by the board. The said power of attorney as discussed above do provide for the sub-delegation of the functions of the general power of attorney holder and thus the filing of the complaint on behalf of the appellant company through its authorised representative is not at all illegal or bad in law. - SC

View Source

 


 

You may also like:

  1. Dishonor of cheque - the complaints filed under Section 200 Cr.P.C. through Power of Attorney holder maintainable or not - If the the Power of Attorney holder is having...

  2. Power to file a Complaint under NI act - whether 'Power of Attorney Holder' and a 'Special Power of Attorney Holder' can file a Complaint on behalf of the Complainant? -...

  3. The SC held that the complaint filed by the appellant u/s 138 of the NI Act through its manager and power of attorney holder was valid as per Section 142, since the...

  4. Right on power of attorney (POA) holder - Maintainability of a private complaint under Section 200 of the Code at the behest of the original complainant - on perusal of...

  5. Dishonor of Cheque - Complaint by Power of Attorney (POA) Holder - whether respondent is a ‘wakf’ or not - the respondent is not a Wakf - complaint is not maintainable.

  6. Dishonor of Cheque - respondent accused was acquitted principally on the ground that the company was not properly represented - The power of attorney holder representing...

  7. Dishonor of Cheque - It is a settled law that a power of attorney holder can file a complaint, appear and depose for the purpose of issuance of process for the offence...

  8. LTCG - ownership of property - Liability of power of attorney holder (GPA) - we are unable to persuade ourselves to subscribe to the view taken by the lower authorities...

  9. The Supreme Court examined the validity of an Agreement to Sell for land, where the plaintiff entered into the agreement with a Power of Attorney holder for the...

  10. A 'Power of Attorney Holder' is not empowered to file application under section 7 of the 'I&B Code' - However an authorised person has power to do so.

  11. Delegation of powers u/s GST - Section 5(3) of the Act specifically confers power upon the Commissioner to delegate his functions - The power u/s 69 can be exercised by...

  12. Dishonor of Cheque - self cheque - the cheque is styled as a self cheque and over and above it, the term "or bearer" has not been scored off. The holder of the cheque...

  13. Transfer u/s 2(47)(vi) – the terms of the power of attorney clearly show that property rights has not been transferred to the power of attorney holder and there is also...

  14. The case involves the validity of reopening assessment u/s 147 of the IT Act. The Assessing Officer must have 'reasons to believe' as per the statutory scheme. The court...

  15. Reassessment of Return u/s 34 of DVAT - It is not understood how the Special Commissioner (Special Zone) could have delegated powers in terms of Section 67(2) of DVAT...

 

Quick Updates:Latest Updates