Power of Attorney Act, 1882, Section 2, Indian Contract Act, 1872, Section 201 -- Power of attorney - Power of attorney executed by several persons which cannot be said to be coupled with interest, is not automatically terminated on the death of one of principals - It will depend on facts and circumstances of each case and recitals in the documents as well as the object..........
Civil Procedure Code, 1908, Order 18, Rule 3, 4, Hindu Marriage Act, 1955, Section 13 -- Recording of evidence through video conferencing - Divorce proceedings - Wife defending suit through her mother in whose favour she executed power of attorney - Evidence of wife's mother and power of attorney holder has already been recorded as PW1 - Wife has not appeared before trial..........
Agreement to sell -- Specific performance - Co-owners - Execution of agreement by power of attorney holder - Agreement in question did not mention GPA or indicate that defendant No.1 was acting on behalf of his sisters/co-owners - Defendant No.1 signed the agreement solely in his capacity and there was no representation made to plaintiffs that he had the authority to bind..........
Agreement to sell -- Specific performance - Co-owners - Execution of agreement by power of attorney holder - Validity - Defendant No.1/power of attorney holder lacked the authority to bind defendant Nos.6 to 8 in the agreement to sell, as GPA did not confer upon him the power to sell the property on behalf of his sisters at the time of agreement, having been impliedly..........
Agreement to sell -- Specific performance - Execution of agreement to sell by defendant No.1 on behalf of herself and on behalf of other defendants including minors - No power of Attorney was there in favour of defendant No.1 and even no permission was sought from the Court of competent jurisdiction regarding selling of property of minors which is sine qua non as per..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiff has not sought decree of possession but has only sought decree of injunction and claims to be in possession of property which is subject matter of sale deed - Power of attorney on the strength of which sale deed sought to be avoided by plaintiff was executed is also..........
Consumer Protection Act, 1986, Section 17 -- Consumer complaint - Unfair trade practice - Joint venture agreement - Construction of dwelling units - Appellants/owners of land entered into agreement with Respondent No.2 and also executed irrevocable power of attorney in his favour and Respondent No.2 on the basis of said documents entered into sale agreements with..........
Power of Attorney Act, 1882, Section 2, Rajasthan Public Trust Act, 1959, Section 2(17), 2(18) -- Power of attorney holder of Trust who was Manager of Trust - As per provisions of Ss.2(17) and 2(18) of Act of 1959, Manager of a Trust holds the capacity of a Trustee - He can lead evidence on behalf of Trust...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed by power of attorney holder in his own name and not as power of attorney holder of payee of cheque - Proceedings quashed...........
Civil Procedure Code, 1908, Order 13, Rule 1, 4 -- Power of attorney - Production and proof - Power of attorney executed by wife in favour of husband and husband appeared as PW1 being power of attorney of plaintiff with a specific stipulation in this regard in his affidavit of examination-in-chief - There was no cross examination conducted on this point - In such..........
