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Sanjeev Kuchhal (Publishers)     01 March 2010

N.I. Act - Complaint by legal heirs

Another important judgment of Bombay High Court on the issue of Maintainability of complaint by legal heirs.

Complaint was filed by son where cheque was issued in favour of his deceased father.  Is held that only a person who is authorized by succession certificate, letters of administration or probate granted by the court, is entitled to call upon the drawer to pay the amount of dishonour cheque as he would be then really entering into the shoes of the deceased payee.



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 2 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     01 March 2010

VERY INTERESTING JUDGEMENT IN NI ACT 1881 CASES .

G. ARAVINTHAN (Legal Consultant / Solicitor)     02 March 2010

 

It seems the legal heirs of the complainant have no authority to demand money and lodge complaint as they cannot give valid discharge for payment made to their father. 

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