carrier,s Act
vinod bansal
(Querist) 30 September 2010
This query is : Resolved
In a recovery suit filed by insurance co.,i am representing transporter (Carrier)Regional manager who came in witness box on behalf of co. being Co.s power of attorney holder,he exhibited all documents which were not signed/issued by him.even not prepared in his presence.I raised my objection which was recorded by court.He was the only witness (except documents)who was examined by plaintiff in their evidence.This witness deposed in court as witness on behalf of Co,s Power of Attorney.As i have read some citation in which it was held that without examination of notary public who attested power of attorney ,it is not a legal document,secondly what is legal position in case of documents in absence of their original and their author/signatory which were exhibited by above stated solitiry witness (under my Objection) Kindly suggest,its urgent bcoz case is fixed for 4 oct. Thanx
s.subramanian
(Expert) 01 October 2010
He is incompetent to prove the documents. Your stand is right. His evidence cannot and does not prove the documents in the absence of any other party to the documents deposing in this regard.
