Supreme Court of India
A.C. Narayanan v. State of Maharashtra & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the view taken by the Rajasthan High Court in the case of Shambhu Dutt Shastri followed and reiterated in tlie case of Ram Prasad is the correct view.
Judgment, page 22
From the headnote
Negotiable Instruments Act, 1881- ss. 138, 142 and 145 - Filing of complaint petition by Power of Attorney holder - Validity- Whether a Power of Attorney holder can be verified on oath - Whether specific averments as to the knowledge of the Power of Attorney holder in the impugned transaction must be explicitly asserted in the complaint - Effect of s. 145 o - Held: Filing of complaint petition uls. 138 through power of attorney is perfectly legal and competent - The Power of Attorney holder can depose and verify on oath before the Court in order to prove the contents of the complaint -
Authorities it was built on
- 2009 Fomento Resorts and Hotels Ltd. and Another v. Minguel Martins and Others
- 2001 M/s. M.M.T.C. Ltd. and Anr. v. M/s. Medchl Chemicals and Pharma (p) Ltd. and Anr.
- 1987 Pushpadevi M. Jatia v. M.L. Wadhavan, Addl. Secretary Government of India & Ors.
- 2004 Janki Vashdeo Bhojwani and Anr. v. Indusind Bank Ltd. and Ors.
- 1983 Vishwa Mitter v. O. P. Poddar and Others
- 1966 Ashwin Nanubhai Vyas v. State of Maharashtra & Anr.
- 2004 Jimmy Jahangir Madan v. Bolly Cariyappa Hindley (d) by Lrs.
Where later benches applied it
- 2022 M/s Trl Krosaki Refractories Ltd v. M/s Sms Asia Private Limited & Anr.
- 2024 Rajesh Kumar v. Anand Kumar & Ors.
Of those, 1 relied on · 1 referred to
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