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Some important Citations on power of attorney in Negotiable Instruments Act. JIMMY MADAM VS BOLLY HINDLEY 2005 MAH LR 478 Criminal Procedure Code, 1973, Section 302--Negotiable Instruments Act, 1881, Section 138--Permission to conduct prosecution--Complaint of dishonor of cheque--Death of complainant--Power of attorney of legal heirs of deceased directly permitted to conduct prosecution--High Court upheld trial Courts decision--Maintainability of application of power of attorney--Held, power of attorney can not be allowed to represent the concerned persons in the proceedings without such permission is sought from the Court by the concerned persons--Further  held, power of attorney holder can represent the concerned party, in case permission for such representation is sought from the Court by the concerned person and granted by it--Liberty granted to legal heirs to make application to continue proceeding by themselves or to grant permission to them to authorize the power o...

Ms. Ambreen Akhoon Vs. Shri Aditya Aurn Paudwal & Anr.2015(6) ALL MR 616   Protection of Women from Domestic Violence Act (2005), S.26 - Proceedings u/S.26 - Relief can be sought against relative of husband in proceedings filed u/S.26 of DV Act before the Family Court - Court to consider it on merits  Protection of Women from Domestic Violence Act (2005), S.26 - Party respondent - Relative of husband being respondent u/S.2(q) DV Act be made party respondent before Family Court if proceedings specified u/S.26 thereof are preferred.  Jurisdiction of Family Court - If there is a specific provision under any other statute that such matters can also be entertained and tried by Family Court, then, the jurisdiction of Family Court can be extended to that effect.  Minoti Subhash Anand Vs. Subhash Manoharlal Anand 2016(1) ALL MR 408   Civil P.C. (1908), S.24 - Bombay High Court (Appellate Side) Rules (1960), R.6 - Family Courts A...

[The below Summation of the principles from various judgments of the Supreme Court of India summed up by the Delhi High Court in a judgment titled Kusum Kumria Vs. Pharma Venture (India) Pvt. Ltd. dated 20 October 2015 authored by Justice Gita Mittal.] 1. In a suit for partition, at the first stage, the court decides whether the plaintiff has a share in the suit property and is entitled to division and separate possession. This position is exercise of judicial function and results in a decree under Order XX Rule 18(1) termed as preliminary decree under Order XX Rule 18(2) of CPC. The decree is termed a preliminary decree when further proceedings have to be taken before the suit can be completely disposed of. It is a final decree when such adjudication completely disposes of the suit. It may be partly preliminary and partly final. # Shub Karan Bubna @ Shub Karan Prasad Bubna v. Sita Saran Bubna, (2009) 9 SCC 689 (Para 7, 10) 2. If the court can conveniently and without...

Accused can directly approach the High Court and Sessions Court for regular Bail, not necessary that accused should apply to the Magistrate first, Supreme court [ Justice Vikramajit Sen and Justice K S Radhakrishnan]. In a path-breaking Judgment, a two-Judge Bench of the Supreme Court has held that there are no restrictions on the High Court or Sessions Court to entertain an application for bail, provided, accused is in custody. The judgment has put an to end the decades old practice of first filing a regular Bail Application before a Magistrate having jurisdiction, and get it rejected for the purpose of approaching the Sessions Court or High Court for bail. The case arises out of a Special Leave Petition seeking regular bail under Section 439 of the Code of Criminal Procedure (CrPC), which was declined by the High Court of Mumbai, with the observations that it is the Magistrate whose jurisdiction has necessarily to be invoked and not of the High Court or the Sessions Judge. The...