Negotiable Instrument ActC
Chetan
(Querist) 18 July 2010
This query is : Resolved
A Complainant filed a complaint of 138 through power of Attorney. The said power of Attorney is unregistered
What will the effects of it
Whether the complaint is in fructuous
What shall I have to do the stage is of charge
Devajyoti Barman
(Expert) 18 July 2010
The supreme court has made it clear that though the constituted attorney can look after the case but he can not depose on behalf of the principal unless he was also party to the dispute or he has first hand knowledge.
S. Bharath
(Expert) 18 July 2010
If your question is whether the complaint will be affected by the non registration of Power of Attorney, the answer is 'no'. You can carry on with the complaint as per the usual procedure.
Y V Vishweshwar Rao
(Expert) 18 July 2010
I agree with Mr Bharath
To file a case through GPA / Agent, the Court to satisfy about the proper Authorisation to the GPA by Principal and the GPA can represet the principal and so far the evidence is concerned , it is the perosnal knowledge fo the witnesses / parties !