Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1514 days in filing application for restoration of suit dismissed in default - Plaintiff pleaded that suit dismissed for default as he was in coma - However, plaintiff completely failed to produce any evidence with respect to his assertion that he was in coma, which prevented him from filing application for..........
Power of Attorney Act, 1882, Section 2 -- General power of attorney (GPA) - Cancellation - Where proceedings in the case had been initiated before cancellation of GPA, subsequent cancellation of GPA would not have any effect on the proceedings...........
Registration Act, 1908, Section 17 -- Registered power of attorney - Cancellation - Registered power of attorney creates a legal right of GPA holder in immoveable property to transfer it, in accordance with the terms mentioned it - This right in such immovable property can be limited or extinguished only through registered document and not otherwise...........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Plaintiff executed the registered power of attorney (GPA) of his property in favour of defendant No.1 - Defendant No.1 executed sale deed of suit property in favour of defendant Nos. 2, 3 & 4 - Said GPA in favour of defendant No.1 was never cancelled till now - Sale deed executed in favour of defendant..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Sale deed executed by defendant No.1 on the basis of power of attorney (GPA) executed by plaintiff in his favour - Questions as to whether plaintiff had cancelled the GPA and as to whether sale deed registered is liable to be cancelled, are not questions of law, but question of..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration and cancellation of sale deeds, GPA and Will alleged to be got executed by misrepresentation and fraud - Limitation is three years as prescribed under Art.59 of the Act - Plaintiffs claiming through their father - Since father did not seek declaration by filing suit within three years as such plaintiff..........
Contract Act, 1872, Section 208 -- GPA - Cancellation - Termination of an agent's authority is not to take place unless communicated to him and will not effect the third party unless it become known to him...........
Contract Act, 1872, Section 208 -- GPA - Cancellation - Notice - There is no necessity of written notice of cancellation of general power of attorney by the principal to his attorney - However, there must be adequate evidence to establish the factum of notice verbally or written to the attorney and also to the subsequent vendees...........
Transfer of Property Act, 1882, Section 3, 41, Registration Act, 1908, Section 30, Contract Act, 1872, Section 208 -- Sale by GPA holder - Cancellation of GPA - Unless it is proved that vendees had notice of cancellation of power of attorney, it has no impact on validity of sale...........
Transfer of Property Act, 1882, Section 3, 41, Registration Act, 1908, Section 30, Contract Act, 1872, Section 208 -- Sale by GPA holder - Cancellation of GPA by registered instrument - Whether registered instrument in itself is a notice to all? Held no - 'A person is said to have notice' mean that when a fact actually comes to the notice of the person unless he willfully..........
