Authorisation to sue

Suit filed by a person authorised by Chief Executive Officer does not constitute authority to sign and verify plaint in absence of resolution of board of directors. Letter of authority is not sufficient.
(2011) 163 Comp Cas 37 (SC)

Director's capacity to file pleadings

(2011) 163 Comp Cas 37 (SC)

Even a director will need to be authorised by a board resolution to file pleadings, and a letter of authority is insufficient

Provisions of the CPC not considered though.

RTI - information relating to corruption and human rights is not exempt

2011 (266) ELT 456 (Mad.)
Superintendent of Police v. R. Karthikeyan

Especially statistical information cannot be refused.


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Foreign Guarantee and FEMA

If the said guarantee declaration had been executed by the respondent in breach of any provisions of FEMA or FERA, the respondent could be prosecuted for the same. But, it could not be said that the guarantee was null, void or could not be enforced on that ground.

There was no doubt that a debt was owed by the respondent to the petitioner and, further the petitioner did not have to wait to obtain a decree from civil court on the basis of the guarantee declaration.

[2011] 106 SCL 433 (delhi)



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Pleadings are foundation of a case

Pleadings are foundation on which evidence can be lead. Opportunity of proof and evidence need not be given if pleading to effect are not there. 2011 (2) Bom CR (OS) 266

Guarantee - when the debt accrues

The liability of the guarantor would not arise until (a) the borrower has failed; and (b) a notice of demand has been served on the guarantor. Only then can it be said that the debt would accrue. 1981 51 comp cases 301


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Presence of witnesses in cross examination

There is no specific provision in CPC to provide that when a witness is being examined, other witnesses who are proposed to be examined by party concerned should not be present in court.
2011 (2) Bom CR 12 (OS)