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...........
Power of Attorney Act, 1882, Section 1A -- Construction of - Power of Attorney has to be construed strictly - Due regard must be given to the recitals showing the scope and object of the power and all general terms in the operative part of the instrument...........
Power of Attorney Act, 1882, Section 1A -- Rule of construction - Special powers given through power of attorney - Followed by general words - General words to be construed as limited to what is necessary for the proper exercise of the special powers and as enlarging these powers only when necessary for the carrying out of the purpose for which the authority is given...........
Power of Attorney Act, 1882, Section 1A -- Interpretation of - Power of Attorney authorizing attorney to manage property of Principal, to lease out, to receive rent, to file suit and appeal, to engage Advocate or to compromise the matter - Subsequent recital, authorizing attorney to alienate land of Principal - Authority of alienation in power of attorney general in..........
Power of Attorney Act, 1882, Section 1A -- Scope of Authority - Power of attorney conferring authority on attorney to manage property of principal, to lease out, receive rent, file suit, engage counsel or to compromise - Followed by general authority to sell, mortgage, exchange, divide etc. - Attorney alienating land - Power of Attorney must be interpreted to be conferring..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - During pendency of complaint Court allowed the son of complainant, his general power of attorney holder, to continue the proceedings - No ground to quash the proceedings...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 464, 423, 420, 34 -- FIR - Quashing of - Sale of land to daughter by General Power of Attorney holder inspite of specific notice of revocation of Attorney - Complaint cannot be quashed by holding that it is a matter of civil dispute when it prima facie discloses ingredients of offence complained...........
Consumer Protection Act, 1986, Section 30(2) -- Haryana Consumer Protection Rules, 2004, Rule 2(b) - Complainant - General Power of Attorney - Agent - GPA executed by the complainant in favour of 'P - 'P' can be construed as an agent of the complainant having the authority to file the complaint - District Forum held totally unjustified in dismissing the complaint by coming..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Fire accident - Consignment damaged - Surveyor appointed - Claim settled by paying the amount to second appellant after obtaining a `Letter of Subrogation', `Assignment' and `General Power of Attorney' - Complaint by insurer - Contention that complaint is maintainable in a consumer case based on the `Letter of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed by husband on behalf of wife on the basis of authority letter - Husband neither a general nor special power of attorney holder - In the authority letter it was no where undertaken that the executant would be bound by the acts done and conducted on her behalf in respect of the cheque -..........
