Specific Relief Act, 1963, Section 38 -- Suit for injunction - Plaintiff in possession - Interference by defendant in the physical possession of suit property - Possession substantiated by documentary proof executed in favour of plaintiff viz. General Power of Attorney, Deed of Agreement, Will, Receipt and Affidavit - In a suit for injunction question of title does not..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of Cheque - Complaint by power of attorney holder - Complaint filed by the complainant through his General Power of Attorney is competent and the order taking cognizance on the basis of the statement of General Power of Attorney holder of the complainant who is aware of the facts is sustainable under the laws...........
Will -- Suspicious circumstances - Merely because executor of Will has also executed a general power of attorney in favour of her grand son does not make the Will suspicious document...........
Power of Attorney -- Specific and clear authority given to execute sale deed or deeds and to do other acts required for sale of agricultural land on behalf of the Bank - Relevant clause does not indicate that authority was limited only to extent of executing sale deed and tendering same before the Registration authorities - Held, no limitation has been placed on the..........
General power of attorney -- Once power of attorney has been proved to have been duly executed which contains power to sell, then sale by power of attorney who was given specific power is entitled to sell the land...........
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..........
