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ABHINAV JAIN (Associate)     14 June 2010

Sec 138 N.I. Act

My Question/query is-

A Co. 'X' having all India presence appoints one Mr. 'Y' to conduct its business in one particular zone(say, there are 5 zones- North, South, East, West, Centre). For this the Co. executes a power of attorney authorizing him-"Mr.Y" to conduct all its affairs. In one of the branches of its zones there arises a situation where the Co. is embroiled in a legal issue concerning certain "stop payments & dishonour" of cheques issued in favour of the Co..

Whether Mr. Y in order to proceed criminally as well as in civil, can further authorize another person through executing a power of attorney enabling such person to take all necessary and requisite steps on behalf of the Co.?

What are its implications? Whether such further delegation is legally recognisable? Are there any case laws For and Against it? 

Note- The second power of attorney has no Co. seal. 


 



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 1 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     14 June 2010

Such cases can be intelligently won by framing proper leading questions .Only two options for reply should be given and if the opposite advocate creates confusiion which they try to do in such cases once they sense the direction of the cross ; request the court to record your question. Once you are able to obtain a series of yes or no in your favour. you have won hands down. Many times you will be surprised that the deponent gives answer in your favour. He is also perplexed after the session is over that how he has given such reply. You must insist the court to record your questions or references drawn then and there. Do not give any oppoprtunity to opposite side to correct.

This is the time tested technique based on hypnotism and is used by the senior seasoned advocates world over. I give lectures on this all over the country and give regular training at Nashik.


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