Specific Relief Act, 1963, Section 38 -- Permanent injunction - Touchstone upon which suit has to be decided is lawful possession and not ownership - Since defendant filed a separate suit against plaintiff for declaration of ownership of suit property and same is dismissed, there is no need to express any opinion on question of title and ownership of plaintiff - High Court..........
Agreement to sell -- Specific performance - Non-examination of plaintiff - Effect thereof - Non-examination of plaintiff herself, in view of the active participation of General Power of Attorney holder of plaintiff, is not fatal to the case of plaintiff...........
Civil Procedure Code, 1908, Order 18, Rule 4, 19 -- Recording of evidence - Plaintiff aged more than 80 years is an illiterate lady, executed a general power of attorney in favour of one person - She wanted to examine said power of attorney holder in support of her case - Defendant opposed said prayer before trial Court, which was upheld by trial Court and affirmed by High..........
Power of Attorney Act, 1882, Section 2 -- General power of attorney (GPA) - Cancellation - Where proceedings in the case had been initiated before cancellation of GPA, subsequent cancellation of GPA would not have any effect on the proceedings...........
Stamp Act, 1899, Section 47A -- Deficiency of stamp duty - General power of attorney (GPA) issued in favour of petitioner - Petitioner had absolute right not only with regard to possession of flat but also enjoyment of the same and also had right to sell the same - Contention of petitioner that he had nothing to do with the flat in question thus, not tenable - Stamp..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and mandatory injunction - Plaintiff sold the property to defendant No.1 by executing the documentation being agreement to sell, general power of attorney (GPA), Will, receipt etc. - Transfer of rights in an immovable property is a bilateral act, thus, said contract cannot..........
Registration Act, 1908, Section 17, 49 -- Registration - General Power of Attorney (GPA) - Merely because GPA executed by defendant in favour of one person was not registered, it cannot be said that it has no force and significance, as suit was filed by plaintiffs directly against defendant and not against his GPA holder and the defendant also contested the suit by himself..........
Registration Act, 1908, Section 17, 49 -- Unregistered document - Admissibility - Photocopies of Receipt, Possession Letter, photocopy of unregistered Will, Agreement to Sell and General Power of Attorney on plain paper placed on record are inadmissible in evidence...........
Stamp Act, 1899, Section 35 -- Insufficiently stamped General power of attorney - Insufficiently stamped GPA - Inadmissible in evidence unless stamp duty and penalty on said GPA is paid...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Complaint through power of attorney holder - (i) Filing of complaint u/s 138 of N.I Act through power of attorney is perfectly legal and competent; (ii) The Power of Attorney holder can depose and verify on oath before the Court in order to prove the contents of the complaint - However, the power..........
