Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of attorney holder - Power of attorney has to be strictly construed and are construed as giving only that much of authority as they expressly confer or by necessary implication are conferred...........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of attorney holder - Court cannot decline to recognize an implied authority that every agent has, to do whatever is necessary, or ordinarily incidental for effective execution of the expressed authority conferred by the power of attorney..........
Civil Procedure Code, 1908, Order 41, Rule 1, Civil Procedure Code, 1908, Order 3, Rule 4(1) -- Appeal - Omission to sign memorandum of appeal or omission to file vakalatnama - Defect is curable - If and when the defect is noticed or pointed out, the Court should, either on an application by the appellant or suo motu permit the appellant to rectify the defect by either..........
Civil Procedure Code, 1908, Order 9, Rule 3, Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of attorney holder - Money suit before Family Court - Can be decided on basis of evidence adduced - Defendant appeared through advocate or power of attorney holder - For non appearance of defendant in person he cannot be declared ex parte...........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 3, Rule 2 -- Power of attorney holder - Death of - Suit can be decided even in his absence as decree passed against him in effect binds the principal - Appeal cannot be dismissed as abated on death of power of attorney holder...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Eviction - Bona fide requirement - Landlady did not depose as her own witness - Statement of attorney is not sufficient to order eviction on ground of personal necessity...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - In matters requiring personal knowledge, evidence cannot be adduced through a power of attorney...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Cannot be allowed to depose in place of principal - Power of attorney holder can only appear as witness on behalf of principal...........
Arbitration Act, 1940, Section 14(2), Civil Procedure Code, 1908, Order 3, Rule 5, Limitation Act, 1963, Article 158 -- Counsel for a party filing arbitration award in Court at the instance of Arbitrator - Limitation for setting aside awarded does not commence from that date - Limitation starts to run from the date notice of award is given by Court u/s 14(2) of the Act...........
Arbitration and Conciliation Act, 1996, Section 11, Civil Procedure Code, 1908, Order 3, Rule 1 -- Arbitrator - Appointment - Counsel consented to appointment of an arbitrator - High Court in a petition u/s 11 of the Act appointed an arbitrator on consent given by counsel for appellant - Arbitrator so appointed entered into reference and proceeded in the matter - Held,..........
