Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Negotiable Instruments Act 1881 - ss. 138 and 140 - Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Negotiable Instruments Act, 1881 - ss. 138 and 140 - Penal Code, 1860 - s.420 - Cheques issued by respondents dishonoured - Complaints filed by appellant-federation - Dismissed by Magistrate - Appeals dismissed by High Court, solely on the ground that 'authorisation' was not produced by the complainant-appellant - High Court held that 'D', claiming to be the power of attorney holder of the appellant-Federation, had no locus standi to file the complaints/appeals as he had failed to prove that appellant-Federation had authorised him to file the same - Plea of appellant-Federation before Supreme Court that in fact there was an authorisation from the Board of Directors of the Federation, but the same was not filed along with the complaint - Held: Though authorisation by the Board of Directors of appellant-Federation was not placed before the Courts below, but, specific averment was made by appellant~Federation before the Magistrate that the said General Power of Attorney had been filed in a connected case, which is neither denied nor disputed by the respondents - In any case, if the Courts below were not satisfied, an opportunity ought to have been granted to appellant-Federation to place the document containing authorisation on record and prove the same in accordance with law - Procedural defects and irregularities, which are curable, should not be allowed to defeat substantive rights or to cause injustice - Moreover, inspite of arbitration award against the respondents, there was non-payment of amount to appellant-Federation - Opportunity should be given to appellant-Federation to produce and prove the authorisation before the Trial Court, more so, when money involved is public money - Matters remitted back to Trial Court with direction to conduct trial afresh. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2014 INSC 254 |
Petitioner | M/s. Haryana State Coop. Supply And Marketing Federation Ltd . |
Respondent | M/s. Jayam Textiles & Anr. |
SCR | [2014] 5 S.C.R. 77 |
Judgement Date | 2014-04-07 |
Case Number | 833 |
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