R Trivedi (advocate.dma@gmail.com) 03 February 2012

Power of attorney

Now this is well settled that POA holder can intiate the case under S.138 of NI Act. Still there are certain grey areas, I request all the learned members to contribute to this thread or provide citations in understanding these grey areas in detail. The mute questions are..

1. Must the GPA or SPA be notarized ? If not then is the complaint illegal ?

2. Can a simple authority holder file the case ?

3. (In case of firms) Is it necessary that the person should be having GPA beforehand to depose or file the complaint. Generally SPA is given for the case only with a simple averment that so and so was manager with the firm and he is aware of the transaction. Is being a manager sufficient for SPA holder to know about transaction or he is required to have signed some bills etc.

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DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 05 February 2012

There are various gray areas in the matter and many advocates and courts bump on it.

1) Please read section 60 of evidence act and then read your questions.

2) Another very important point is that doner has to take permission first from court of donee to file /conduct the case.

R Trivedi (advocate.dma@gmail.com) 06 February 2012

S.60 of evidence act is about heresay evidence, which under the circumstances becomes grey as transactions are normally on paper. Even S.85 of evidence act talks of notarization of POA, the point is, are there any citations for same.