Civil Procedure Code, 1908, Order 39 -- Temporary injunction - Suit for declaration and interim injunction - Defendants No.1 and 2 executed sale deed in favour of defendant No.3 - Defendant Nos.1 and 2 executed registered general power of attorney on the same day in favour of one `M' - `M' executed registered sale deed in favour of plaintiff - Plaintiff and `M' had notice..........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Disputed signatures - Report of Forensic Expert - Application for - Declaratory suit filed to declare that sale deed was void - Defendant filed application to send disputed signatures in General Power of Attorney to be compared with admitted signatures of plaintiff in General Power of Attorney and sale deed - Trial Court..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Filing of complaint - Held, S.142 of the Act does not lay down that complaint must be filed by payee personally - Complaint can be filed by payee himself or by holder-i, due course or holder of power-of-attorney...........
Transfer of Property Act, 1882, Section 54, 3, Power of Attorney Act, 1882, Section 2 -- Fraud by power of attorney in executing sale deed - If the agent was concealing the fact of sale, the principal could not be presumed to have notice of the transaction of sale - This exclusion is possible only if the other party, who was acting through the agent was himself cognizant..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Delay of 435 days - Condonation of - Lower Court dismissed the application on the ground that application was filed without disclosing the factum of the earlier I.A. having been filed U.O.9.R.13 CPC as though the Power of Attorney of D4 came from Abu Dhabi, just before filing of said..........
Specific Relief Act, 1963, Section 31, Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Sale deed executed by power of attorney holder after death of owner - Power of attorney comes to an end after death of owner - Cancellation of sale deed proper...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of suit - Earlier suit filed for injunction - Second suit filed for cancellation of sale deed on the ground that sale deed was executed by power of attorney after death of owner - Held, cause of action for the second suit is different to that of earlier suit - Suit for cancellation of sale deed is not barred by O.2.R.2..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Suit for specific performance - Agreement executed by power of attorney holder - Neither power of attorney filed alongwith plaint nor explained in whose possession it is, nor certified copy of the same produced - Amounts to non compliance of O.7.R.14(2) CPC...........
Power of attorney -- To be strictly construed - Power of attorney holder to enter into agreement to sell or to execute sale deed - There should be express authorisation in the deed to this effect i.e. (a) to present the document before the Registrar; and (b) to admit execution of the document before the Registrar...........
Agreement to sell -- Suit for specific performance - Statutory Forms Nos.47 & 48 of Appendix A of CPC require the date of agreement to be mentioned to reflect that it does not appear to be barred by limitation - In addition to the same, in a suit for specific performance, there should be an agreement by the defendant or by a person duly authorised by a power of attorney..........
