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1999 Supreme(Mad) 886

S.THANGARAJ
M. Lakshmi – Appellant
Versus
Shanmuga Priya Textiles P. Limited – Respondent


Appearing Advocates:G. A. Selvakumar, K. Sukumaran, Advocates.

Judgement Key Points

Certainly. Here are the citations for the judgments based on the principles discussed:

  1. A judgment emphasizing that a complaint filed by a person representing a company must be supported by proper authorization, such as a board resolution, to be considered valid. Without such authorization, the complaint may be deemed not maintainable. This judgment clarifies that a person acting under a power of attorney or delegated authority must have explicit approval from the company's board to represent the company in legal proceedings (!) .

  2. A ruling that highlights the importance of the person filing a complaint being either a director, manager, or another authorized representative of the company, and that delegation of authority must be properly conferred. It also states that a delegate cannot further delegate powers unless explicitly authorized, and that a power of attorney given in a personal capacity does not automatically confer authority to act on behalf of the company in legal matters (!) .

  3. A decision that underscores the necessity of clear and proper authorization for anyone filing a criminal complaint on behalf of a company, particularly emphasizing that a person acting as an attorney must do so within the scope of the authority granted and that such authority must be demonstrated by appropriate documentation, such as a resolution or a valid power of attorney explicitly stating the capacity in which the person acts (!) .

  4. A ruling that confirms that if a complaint is filed by a person who is not authorized or does not have proper authority, the court may quash the proceedings, as the fundamental requirement of locus standi and proper authorization is not satisfied (!) .

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Judgment :-

S. THANGARAJ, J.

The petitioner has filed this petition under section 482 of the Criminal Procedure Code, 1973, to call for the records in C.C. No. 321 of 1997 on the file of the Judicial Magistrate, Udumalpet, and to quash the same.

The respondent herein, who is the complainant, has filed a complaint under section 200 of the Criminal Procedure Code, for an offence under section 138 of the Negotiable Instruments Act against the petitioner herein alleging that for the purchase of 4.2 counts cotton yarn worth Rs. 1, 35, 000 the petitioner herein has issued a cheque dated January 4, 1997, drawn on City Union Bank for Rs. 1, 35, 000 and when presented for collection, it was returned with an endorsement "returned as funds are insufficient". Thereafter, the respondent had sent a lawyer's notice dated May 12, 1997, and the same was received by the petitioner herein on May 15, 1997, and no reply has been sent by the petitioner. The said complaint is pending in C.C. No. 321 of 1997, on the file of the Judicial Magistrate I, Udumalpet.

The cause title shows that the complaint was filed by one K. Rajaram - power of attorney of Thiru Ramakrishnan - managing director of M/s. Shanmuga P

















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Judicial Analysis

None of the cases explicitly indicate that they have been overruled, reversed, or explicitly treated as bad law. The list contains references to case citations, parties involved, and some procedural details, but it does not include language or annotations indicating negative treatment or invalidation of any case. Therefore, based solely on the provided information, no cases can be definitively classified as bad law.

Followed/Legal Treatment Patterns:

N. Kannan, Vice President (Operations), S and S Industries and Enterprises Ltd. , Madras and another VS Agri Development Finance (Tamil Nadu) Ltd. represented by its Vice President, K. Srinivasan - 2001 0 Supreme(Mad) 164: This entry appears to be a procedural or case filing reference involving Agri Development Finance (Tamil Nadu) Limited, with no indication of treatment or judicial stance.

Sandeep Kumar VS Rajiv Kumar - 2001 0 Supreme(P&H) 1037: Lakshmi v. Shanmuga Priya Textiles (P) Ltd., (2001) 107 Comp Cas 121 (Mad); (2000) 2 All Crl.: The citation suggests a case reference; no explicit treatment pattern is provided.

Alcon Electronics Pvt. Ltd. VS Celem S. A. - 2014 0 Supreme(Bom) 1698: Shanmuga Priya Textiles Pvt. Ltd. ... Nibro Limited vs. ... In the case of Nibro Limited vs. National Insurance Co.: Again, a case citation with no treatment language.

Sree Gokulam Chit & Finance Co. (P) Ltd. VS S. Shanthi - 2015 0 Supreme(Mad) 3695: This entry states that the Court has held that the Managing Director of a Private Company executed Power of Attorney, and mentions certain case numbers and parties. The phrase "this Court has held" suggests a judicial decision or observation, but without explicit treatment indicators, it remains neutral.

Overall, these cases seem to be references or procedural mentions without explicit judicial treatment patterns.

All cases: The provided snippets do not contain language indicating whether these cases have been overruled, distinguished, criticized, or followed in subsequent rulings. The absence of such language makes it difficult to ascertain their treatment status with certainty.

Specifically, the references to case citations and procedural details do not clarify their current legal standing or how they have been treated over time.

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