Friday 25 March 2022

Whether registration of a document by the power of attorney holder can be declared invalid if power of attorney is unregistered?

 As far as the decision in the case of Ashok Kumar (supra) of a coordinate bench of this Court, true it is that it has been held that if the document is presented for registration by a power of attorney holder, such a power of attorney must be registered one else the registration of the document at his instance would be void. However, this decision of the brother Judge can no longer be said to be laying down a correct proposition in view of the decision of the Supreme Court in the case of Rajni Tandon (supra). While reversing a decision of the Calcutta High Court on the lines similar to the one in the matter of Ashok Kumar (supra) it has been laid down in Rajni Tandon (supra) that registration of a document by a power of attorney holder is not invalid on the ground of absence of registration of the power of attorney. It, therefore, needs to be concluded that the decision in the matter of Ashok Kumar (supra) stood impliedly overruled by the decision in the matter of Rajni Tandon (supra). {Para 12}


Second Appeal No. 15 of 2020 and CA/426/2020 in SA 15/2020

Decided On: 03.03.2022

Mahendra Vs. Premsukh and Ors.

Hon'ble Judges/Coram:

Mangesh S. Patil, J.

Citation: MANU/MH/0720/2022

Read full Judgment here: Click here

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