Civil Procedure Code, 1908, Order 3, Rule 1, Advocates Act, 1961, Section 32 -- Power of attorney holder - S.32 of Advocates Act does not create bar for GPA holder to represent a party as such, if said GPA holder during pendency of proceedings gets enrolled as an advocate...........
Stamp Act, 1899, Section 18, 3 -- Validation of GPA - Limitation period - GPA presented for validation after expiry of time given in S.18 of the Act - Document was executed at Canada was not stamped with Indian non-judicial stamp - Petitioner was unable to produce documents within prescribed time due to Government imposed lockdown during COVID-19 pandemic - However, in..........
Agreement to sell -- Specific performance - Bona fide purchaser - Execution of GPA by defendant no.1 in favour of defendant no.2 is not denied by defendant no.1 - Defendant no.2 executed sale deed in favour of defendant no.3 on basis of said GPA - Defendant no.1 categorically stated in his written statement that agreement in favour of plaintiff is forged and fabricated -..........
Rent and Eviction -- Sub-letting - Tenant himself admitted before Rent Controller that because of old age he was not in a position to manage affairs of shop and that is why he handed over shop to sub-tenant through GPA - Sub-tenant and tenant were running business as partners as alleged by tenant - However, there is no genuine partnership between tenant and sub-tenant -..........
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..........
Karnataka Land Revenue Act, 1964, Section 4, Karnataka Land Grant Rules, 1969, Rule 9(i) - - Grant of agricultural lands to members of SC/ST community - Condition of no, alienation for period of 15 years - Appellant transfer the land by executing GPA in favour of his wife - GPA was executed prior to period of 15 years - Nature of transaction was such that it had occurred..........
Indian Penal Code, 1860, Section 468, 471, 120B -- Forgery - Criminal conspiracy - Accused allegedly fabricated partition deed and executed GPA in favour of A3 and A4 - Petitioner entered into sale agreement to purchase the property from A3 and A4 - He also committed offence in connivance with other accused to grab the property from complainant - All accused conspired..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Suit for declaration - General Power of Attorney Holder (GPA Holder) - Defendant contended that GPA Holder of plaintiff had no personal knowledge of material facts - However, GPA Holder who deposed as PW1 has personal knowledge of material facts of the case - Moreover, this contention is loosely taken in first Appeal and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of alienees lis pendens - Suit for declaration qua Will being validly executed - Suit property alienated by GPA of co-defendant during pendency of suit to present alienees - Alienees lis pendens are necessary parties for completely adjudication of entire gamut of controversy, whereupon parties to lis are engaged -..........
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...........
