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anuradha goyal (member)     21 February 2012

Authority letter

Good evening experts,

In 138 NIA if the complainant is a company  resolution by board of directors is required.If the complainant is a parternership firm whether resolution OR authority letter is required OR special power of attorney is required in the name of person who will be appearing on behalf of partnership firm? Can I have the performa of authority letter?



Learning

 9 Replies

k.chandrasekharan (advocate)     22 February 2012

Under the provisions of the Indian Partnership Act, each partner is the agent of other partners, unless any restrictive provision is their in the partnership deed.

So, furnishing the partnership deed or certified copy of the partnership deed, if registered, would serve authority enough for the partner concerned to sign the complaint petition as well as leading evidence.

anuradha goyal (member)     22 February 2012

If the partner wants to authorise someone else from his office to contest the case in that case authority letter in the name of that person will be appended

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 February 2012

However he should have personal knowledge.

B.N.Rajamohamed (advocate / commissioner of oaths)     24 February 2012

Sir,

In firms the managing partner or a senior partner or any partners who have the power to operate as signatories can sue. If all the partners have a joint signatorial powers then a power of attorney granted to the partner by all other partners is enough. In the partnership Act there is no provision for resolutions or annual genral body meretings unlike the Companies Act. 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     24 February 2012

Any of the partner can appear and even a manager can be authorised by all the partners to appear in the case. The only rider is he / she should have personal knowledge of transections.

If not any defense advocate worth will tear apart the testimony.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     24 February 2012

Any of the partner can appear and even a manager can be authorised by all the partners to appear in the case. The only rider is he / she should have personal knowledge of transections.

If not any defense advocate worth will tear apart the testimony.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 February 2012

Authorization can be given.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

anuradha goyal (member)     28 February 2012

Please provide me the format of authority letter  in favour of some other person by partner of firm to appear in court cases

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 February 2012

Search on legal documents.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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