Complaint through Power of Attorney -- An agent cannot depose in favour of principal with respect to facts which are within exclusive knowledge of latter...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Triable issues arise in the case - Nature of agreement of sale cum General Power of Attorney (AGPA) as to its validity is in question - Therefore, only when validity and enforceability of AGPA is decided, rival contention of respondent can be determined - Suit cannot be rejected at the threshold..........
Civil Procedure Code, 1908, Order 3, Rule 2 -- Examination of power of attorney holder on behalf of a party - Power of attorney holder is not competent to depose or to prove anything which was not within his personal knowledge or was otherwise personally known to plaintiff - Testimony of power of attorney holder is inadmissible with regard to the facts within personal..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, possession and permanent injunction - Plaintiff failed to enter witness box to testify and prove her plaint case - Testimony of power of attorney holder of plaintiff is inadmissible with regard to facts within personal knowledge of plaintiff who has failed to enter witness box - Sale deed executed by father..........
Civil Procedure Code, 1908, Section 151, Order 3, Rule 2 -- Examination of plaintiff, who is 80 years lady, through her special power of attorney but at the same time she is directed to appear in person for the purpose of cross examination - In case special power of attorney is unable to answer any question, which is in the specific knowledge of plaintiff then it is..........
Power of Attorney Act, 1882, Section 2 -- General Power of Attorney (GPA) - GPA does not ipso facto change the character of document transforming it into a conveyance deed...........
Power of Attorney Act, 1882, Section 2 -- General Power of Attorney (GPA) - GPA in question merely authorises grantee to manage affairs of suit property which includes power to let out property on rent and create a mortgage of the same etc. - However, it is silent on the aspect of conveyance - Recitals of power of attorney would indicate the intent of grantor is to limit..........
Power of Attorney Act, 1882, Section 2, Indian Contract Act, 1872, Section 201 -- Power of attorney - Death of executor of power of attorney - Power of attorney comes to an end automatically in term of S.201 of Act of 1872...........
Constitution of India, 1950, Article 226, 227, 228 -- Writ petition - Locus standi - There is no provision under Rules of High Court of Kerala enabling a non-party spouse to file a writ petition on behalf of a party spouse, without a duly executed power of attorney, in the status of an agent...........
General power of attorney -- Execution of sale deed by general power of attorney holder - Sale deed names the principals as executants and not power of attorney holder who allegedly represented them and signed the sale deeds on their behalf - Court does not agree with the view held in Rajni Tandon vs. Dulal Ranjan Ghosh Dastidar and another, 2009(3) Apex Court Judgments..........
