...: AIR 2001 Kant 231) (supra). The said judgment, no doubt, says that a power of attorney holder can give evidence on behalf of a party. That judgment does...sought permission to lead his evidence through his power of attorney holder. An application, was filed and the same was rejected. Petitioner is therefore (before) me.3. Heard Sri Goutham...petty shop in Vijayapura. After noticing this, he says that sufficient grounds are not made out for permitting the petitioner to lead evidence through his power of attorney holder. Order III, Rules 1...

...power of attorney and giving evidence by the power of attorney holder on behalf of the principal have been recognised in the aforesaid decision.8. Of course, the power of attorney holder can give evidence...before the court as regards the transactions he witnessed in the relevant case. In the instant case, the power of attorney holder is none other than the father of the complainant. It is submitted that the complainant is living along with his father. The power of attorney holder under such circumstances can definitely give evidence as...of attorney holder as regards the subject transaction. In other words the power of attorney holder cannot give evidence as regards the transaction which did not take place in his presence. It is to be...

...both the cancellation deed and Power of Attorney appointing him as Power Agent of the plaintiff.3. The learned Judge relying on the Judgment reported in AIR 2005 SC 439 has held that the power of attorney holder can give only oral evidence and...special knowledge or within the purview or domain of principal. It has also been held that the Power of Attorney Holder when enters into a witness box can only depose in regard to the documents and such evidence can be relied upon.Therefore, I hold that the Power of Attorney can give evidence...he has personal knowledge.8. For the above reasons, the order of the learned Judge is modified to the effect that the Power of Attorney Holder can give evidence only with regard to the...

...in what circumstances the power of attorney holder can give evidence on behalf of the party involving personal knowledge:a. An attorney-holder who has signed the plaint and instituted the suit, but has no personal knowledge of the transaction can only give formal evidence about the validity of power of..., application and acts can be made including the power of attorney holder and therefore the impugned order is not sustainable in law.Since the sole reason for rejecting the application under...holder of the plaintiff. It is only those acts performed by the power of attorney holder in pursuance to the power bestowed upon him by the principal can be the matters in regard to which deposition...

...compensation has been made on ground of evidence available on record. Appellant failed to adduce any evidence contrary to evidence, which has been adduced by respondent No.2. Power of attorney holder can give evidence...in respect of facts personally known to him, but cannot give evidence in the respect of fact which was only in specific knowledge of executor of power of attorney. Power of attorney 4 (VISHAL DHAGAT) JUDGE holder has adduced evidence regarding sale deed in year 1999. Said sale deed is a registered document and regarding said sale deed power of attorney holder can adduce...Court in relying on sale deed dated 02/11/1999. Power of attorney holder can adduce evidence on behalf of land oustee relating to facts which are specifically known to him, therefore, to said extent...

...complainant as his power of attorney is in fact incompetent to give evidence, because he is a person having no direct knowledge about the transaction. The learned counsel cited the decision of the Honourable Supreme Court in Narayanan v. State of Maharashtra reported in 2013 (4) KLT 21 SC, wherein a Full Bench of the Honourable Supreme Court held that a Power of Attorney Holder can give...attorney holder under a Power of Attorney executed by the proprietor 4. On an appreciation of the evidence, this Court finds that PW1, who is none other than the son of the complainant, examined as...his Power of Attorney Holder, has given definite and consistent evidence regarding the alleged transaction of borrowal and also regarding the issuance of Ext.P1 cheque in question. of course it is seen...

...that the power of attorney holder could not give evidence on behalf of the grantor with regard to personal matters has gone and the law now is that power of attorney holder can give evidence with regard...complainant through his power of attorney holder adduced evidence as P.W.1 and Exts.P1 to P7 marked. After the close of the complainant's evidence, the accused was questioned under...holder could not speak about the facts which is within the knowledge of the complainant found Crl.Appeal.1330/2006. 3 that the evidence of power of attorney holder cannot be accepted in the case on...

.... Therefore, a complaint under Section 138 of the NI Act can be initiated through a Power of Attorney holder of the company. However, now, by a series of judicial pronouncements, it is well settled that a Power of Attorney holder can give evidence regarding...POWER OF ATTORNEY HOLDER, RAJEEV.M.B, S/O.LATE PADMANABHAN NAIR, MANAGER (BUSINESS), MUVATTUPUZHA BRANCH. 2 STATE OF KERALA.... 4. During the trial, on the side of the complainant, the Power of Attorney Holder of the complainant company was examined as PW1, and another witness was examined as PW2...

...knowledge about the affairs of the plaintiff firm. Under the facts and circumstances, it is difficult to believe his version as the power of attorney holder of one of the partners of the plaintiff firm, as regards the allegations levelled in the plaint. It is settled legal position that the power of attorney holder can give evidence with...Keshri Mal, power of attorney holder of Shri Ram Chandra, who was partner of the firm, and the defendant Corporation had also examined only one witness i.e D.W.1 Shri Udai Naraian Sharma, an officer...said Act, and relying upon the evidence of DW.1, the Officer examined on behalf of the defendant Corporation, Mr. Maloo submitted that the Estate Officer was required to give at least 14 days notice...

...the defendant is not in a position to give evidence. 8. This Court has considered the contentions raised at the Bar and perused the records. The following points arise for consideration: i. Whether the evidence given by DW-1, the Power of Attorney holder can be...the evidence given by the Power of Attorney holder is well settled. The Power of Attorney holder can give evidence relating to the matters which are within his knowledge and in respect of the acts...question is whether the Power of Attorney holder, who is the son of the defendant, can lead evidence relating to the previous partition of 1997-1998. Though it is urged that the previous partition is...

...examination admitted that there was a discussion on body shell by the complainant and Surveyor. Complainant has not filed any affidavit nor has he come in the Box to adduce evidence. The Power of Attorney Holder can give evidence as...a witness and not on behalf of the complainant. Complainant's evidence consisted of the affidavit of the Power of Attorney Holder and documents as Exts. P1 to P7. Ext. P1 is...Attorney Holder who can depose on behalf of the complainant about those related facts which came to his direct knowledge after the date of execution of the Power of Attorney. Power of Attorney Holder...

.... 20. It is the settled position of law that power of attorney holder can give evidence in place of a party to the litigation only if he has the personal knowledge of the facts of the case. But...parties adduced the evidence. On behalf of the plaintiff, her son/power of attorney holder was examined as PW-1 and got marked Ex.P.1 to Ex.P.26. The 1st defendant was examined as DW-1 and Ex.D.1 to...to old age plaintiff is unable to attend the Court to give evidence, therefore, she has given power of attorney. But Ex.P1 the power of attorney itself does not make out any such ground. Nothing was...

...-of-Attorney holder on behalf of landlady/plaintiff?;(3) Whether power-of-attorney holder can give evidence on behalf of plaintiff/Smt. Shakuntala Mishra and prove her case and on the...primary evidence, i.e, document itself. The said evidence can be adduced by the party or by his Power-of-Attorney Holder. Production of the document, marking of the document is a physical act which...if it is denied. Therefore, once an agreement has been entered in the presence of a Power-of-Attorney Holder Sri. R.P Misra and contents of the same can be proved by his evidence. So, the submission...

...with the knowledge of the facts of the case can depose or give evidence. There is no need for a power of attorney or such other document to enable a person to give evidence in a Court if he has personal knowledge of the facts of the case (Central Bank Of India v. Tarseema Compress Wood Manufacturing Company AIR 1997 Bom 225). 2) The power of attorney holder can give.... (2010) 10 SCC 512 learned counsel argues that the GPA holder can only give evidence of facts which are within his personal knowledge but he cannot give evidence in...“conduct”, normally the person concerned alone has to give evidence and not an attorney-holder. A landlord who seeks eviction of his tenant, on the ground of his “bona fide” need and a purchaser seeking...

...) has dealt with appointment of power of attorney holder and held that the power of attorney holder can represent the party to give evidence.6. The main contention of the petitioner is...leave of the Court to authorize his wife to give evidence as power of attorney holder on his behalf. The Trial Court taking into consideration the provisions of Order 3 Rule 2 of...7.8.2011 sustaining fracture of front bone spine injury. In view of that, he sought for permission of the Court to appoint his wife as special power of attorney to give evidence in OS No. 16/2009. The...

...part of the contract, which is required to be performed by such agreement holder. He further submitted that the power of attorney holder can give evidence only in respect of the acts for which such...Janki Vashdeo Bhojwani (Supra) has summarised the legal position as under:“The legal position as to who should give evidence in regard to matters involving personal knowledge can be summarized as follows:(a) An attorney holder who has signed the plaint and instituted the suit, but has no personal knowledge of the transaction can only give formal evidence about the validity of the power of...power of attorney holder is authorized by donor of the power and any evidence beyond such acts cannot be relied on by the Court below for the purpose of deciding the suit for specific performance of the...

...said suit on the basis of power of attorney the husband of Usha Devi namely Yad Rao is appearing and the plaintiffs took objection that at the time of defendant evidence that on behalf of original defendant Usha Devi the power of attorney holder cannot give evidence nor can exhibit...documents on behalf of the original defendant No.1, because the power of attorney holder cannot depose as to the...facts which are not in personal knowledge of power of attorney holder, but are in personal knowledge of the principal. 1...

...by the Court. The counsel for the defendants objects to this Power of Attorney since according to him, the Managing Director did not have the power to issue the Power of Attorney as per the Articles of Association of the plaintiff-company. Since the plaintiff has the original Power of Attorney and has given an undertaking to produce it as and when required, the existence of the document cannot be doubted. How far the Power of Attorney holder (PW-1) can give evidence and...compilation of documents:1 : Exh. P-2 2 : The counsel for the plaintiff undertakes to produce the original Power of Attorney which is available with the witness as and when required...far his evidence is valid are different issues which would be considered at the time of arguments. Therefore, the...

...involved in the transaction with the petitioners/defendants in advancing the money. Therefore, his evidence can be recorded as Power Agent. 6. Perused the materials available on record. 7. It is the settled legal position that Power of Attorney holder cannot step into the shoes of the plaintiff and give evidence.... However, the Power of Attorney holder can be permitted to give evidence, so far as the facts relevant to the case which are within his knowledge. In the case on hand, the respondent/plaintiff has...Power of Attorney holder can certainly be considered to be examined on 4/6 her behalf, in respect of the facts that...

...acts done by the principal. However, for the acts done by the power of attorney holder as a power agent, he can very well depose. Further, the power of attorney holder can conduct the case on behalf of the principal. Hence, this Court is of the opinion that the power attorney cannot give evidence over.... However, the petitioner can always give evidence for the acts done by him in pursuant to the power given to him. It is mentioned by the learned counsel for the respondent, the petitioner, power of attorney holder is also an attestor. It is made clear in such a case, as an attestor he can very...clearly say that the power of attorney holder cannot depose for the principal in respect of the matters of which the principal alone can have personal knowledge. But, according to the learned counsel for...