A Power of Attorney holder can depose only about the facts within his personal knowledge, but not about those facts which he himself does not know directly, or the person whom he represents alone knows, says the Supreme court (SC) in Manisha Mahendra Gala v Shalini Bhagwan Avatramani [2024 INSC 293].
In Janki Vashdeo Bhojwani v IndusInd Bank Ltd [AIR 2005 SC 439 ], the Supreme Court (SC) held that the Power of Attorney holder or the legal representative should have knowledge about the transaction in question to bring on record the truth in relation to the grievance or the offence.
In A.C Narayan v State of Maharashtra [AIR 2014 SC 630 ], the SC clarified that the Power of Attorney holder can depose and verify on oath before the court but he must have witnessed the transaction as an agent and must have due knowledge about it. The Power of Attorney holder who has no knowledge regarding the transaction cannot be examined as a witness.
