ATTORNEY HOLDER CANNOT GIVE EVIDENCE FOR PERSONAL TRANSACTIONS OF PRINCIPAL 2010 SC

ATTORNEY HOLDER CANNOT GIVE EVIDENCE FOR PERSONAL TRANSACTIONS OF PRINCIPAL 2010 SC

Supreme Court Of India Bench Consiting Of Justice R.V. Raveendran And Justice Aftab Alam In Man Kaur Vs Hartar Singh Sangha Decided on 05-10-2010 “The attorney-holder cannot depose or give evidence in place of his principal for the acts done by the principal or transactions or dealings of the principal, of which principal alone has personal knowledge. Where the principal at no point of time had personally handled or dealt with or participated in the transaction and has no personal knowledge of the transaction, and where the entire transaction has been handled by an attorney- holder, necessarily the attorney-holder alone can give evidence in regard to the transaction. This frequently happens in case of principals carrying on business through authorized managers/attorney-holders or person residing abroad managing their affairs through their attorney-holders.” - Evidence Act, 1872 - Ss. 101,106,145 and 114 111. (g) - Adverse presumption - Reiterated, where a party to the suit does not appear in witness box and state his own case on oath and does not offer himself to be cross-examined by the other side, a presumption would arise that case set up by him is not correct-Specific Relief Act, 1963, Ss. 15 and 16(c).