Friday, March 10, 2023

S.138 of NI Act, 1881 : A View of HC

 S.138 of NI Act, 1881 : A View of HC


An important Judgment was passed by Hon'ble Jammu and Kashmir and Ladakh High Court on 21 October 2022. 


In context of Negotiable Instruments Act, 1881, it has been noted at page 11 in Ab. Rasheed Bhat v HDFC Bank Ltd [2022] GCtR 1769 (J&K&L)  thus : - 


"Production of original Power of Attorney is necessary at the time of taking cognizance of the complaint under Section 138 of NI Act, is not the correct position of law."


Kindly note that full text Judgments of Hon'ble Jammu and Kashmir and Ladakh High Court can be downloaded absolutely free of cost from the official website at the link 

https://jkhighcourt.nic.in/ 

Then going to Srinagar Wing - Then entering case number as CRM(M) No.88/2020.


Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.   

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