Legal Question in Banking Law in India

delegation of powers

Can power of attonery holder sub delegate the powers for filing complaint u/s 138 NI act?


Asked on 1/15/09, 12:23 am

3 Answers from Attorneys

J. Radhakrishnan independent Practice

Re: delegation of powers

Normally an agent cannot delegate his functions to another. However, if the power of attorney in his favour authorizes him to delegate his power to another, he can by proper authorization like a stamped power of attorney delegate his powers to another. An agent of a payee duly authorized and in case a sub agent if the agent is permitted so by the power in his favour can represent the payee in an action under Sec.138 N.I.Act.

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Answered on 1/15/09, 6:01 am
Vishwa Arya Arya & Co.

Re: delegation of powers

Yes, if the Attorney has such powers from the executant

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Answered on 1/15/09, 11:30 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: delegation of powers

A complaint u/s 138 of N.I.Act can be filed only by the payee.

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Answered on 1/15/09, 12:28 am


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