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Showing posts with label power of attorney. Show all posts
Showing posts with label power of attorney. Show all posts
Tuesday, 14 January 2025

Supreme Court: Power Of Attorney Impliedly Revoked When Principal Acts Independent Of Agency With Knowledge To Agent & Third Parties

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 A con-joint reading of Sections 201 and 207 of the Contract Act and especially the illustrations appended to these Sections, I am of the vi...

Supreme Court: Under which circumstances limitation for setting aside sale deed will not commence inspite of its registration?

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 We examine the plea of limitation raised by the Respondents. The Respondents' case is that the suit was filed on 11.05.2011, and in eff...
Tuesday, 31 December 2024

Supreme Court: Specific Performance Suit Can't Be Decreed Based On Power Of Attorney Holder's Deposition About Plaintiff's Readiness & Willingness

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  Having noticed the three judgments of this Court in Janki Vashdeo Bhojwani (supra), Man Kaur (supra) & A.C. Narayanan (supra), we are ...

Supreme Court: Specific Performance Of Contract Can Be Refused If Suit Wasn't Filed Immediately After Breach Though Within Limitation Period

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 In Saradamani Kandappan v. S. Rajalakshmi and Ors.   MANU/SC/0717/2011 : 2011:INSC:446 : (2011) 12 SCC 18,  this Court held that every suit...
Tuesday, 4 April 2023

Can power of attorney represent a party in divorce by mutual consent proceeding?

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 In Harshada Bharat Deshmukh v. Bharat Appasaheb Deshmukh, MANU/MH/0602/2018 : AIR 2018 Bombay 148 : [2018 (2) HLR (Bom.) 148], the Bombay H...
Monday, 24 October 2022

Whether the court can cognizance of an offence for dishonour of cheque even if original power of attorney is not filed alongwith complaint?

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   From the aforesaid analysis of law on the subject, it is clear that in a case where the complainant is a company, an authorized employee ...
Wednesday, 13 April 2022

Whether any unauthorized sale made by the agent will tantamount to the Principal parting with possession of immovable property?

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 The reasoning given by the High Court for holding that the appellant ought to have challenged the alienations, is that the appellant was ou...

Whether the power of attorney holder can sale immovable property without specific authorization in power of attorney?

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 But we do not agree with the above submissions of the learned counsel for the respondent. It remains a plain and simple fact that the deed ...
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?

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  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 th...

Whether it is mandatory to attest the sale deed?

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As regards the proof regarding sale-deed is concerned, as has been rightly pointed out by the lower courts, it is not a document which requi...
Monday, 7 February 2022

Whether recital in power of attorney that immovable property should not be sold below specific amount will invalidate sale deed?

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  In other words, proceeding on the basis that the second defendant had a duty to not sell the property below Rs.55,000/-, in terms of P-1, ...

How to prove valid cancellation of power of attorney?

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  This correspondence between the plaintiff and the second defendant, in our view, would be fatal to the plaintiff’s case that the plaintiff...

Whether the owner of immovable property can challenge the execution of the sale deed if the sub-registrar fails to verify the original power of attorney at the time of registration of the document?

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  The second defendant, according to the plaintiff, could not execute the sale deed in the absence of the original power of attorney, and th...
Friday, 4 February 2022

Whether wife must give special power of attorney in favour of her husband for giving evidence on her behalf?

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The other contention of the applicant-defendant is that the husband was not the duly constituted agent of the wife Janabai inasmuch as the p...
Sunday, 28 November 2021

Can the court declare the sale deed void on the grounds of want of consideration if the sale deed records that consideration was paid?

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 Now, coming back to the case in hand, both the sale deeds record that the consideration has been paid. That is the specific case of the res...
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Tuesday, 18 May 2021

Whether court can permit the power of attorney holder of legal heirs of the deceased complainant to apply to continue prosecution?

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Likewise, under  Section 302  of the Code, a person, who is entitled to continue the prosecution, is required to make an application himself...
Saturday, 18 April 2020

Whether power of attorney holder of landlord can file eviction suit against tenant?

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At the outset, it is required to be noted that the suit premises was leased in favour of original Respondent No. 1 - original tenant - Bal...
Sunday, 17 November 2019

Whether any person can give evidence even though power of attorney is not executed in favour?

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In his cross-examination it is elicited that the witness has no power of attorney or written authorisation to give evidence in the Court. ...
Monday, 21 October 2019

Whether adopted person can obtain details about his adoption through power of attorney?

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  Sub-regulation (6) of Regulation 44 undoubtedly seeks to achieve an important purpose of not parting with confidential and sensitive...
Tuesday, 8 October 2019

Whether it is necessary to examine executant of notarized power of attorney to prove execution of power of attorney?

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The only question which arises for consideration is, whether in absence of the notary public being produced as a witness or the executant ...