Civil Procedure Code, 1908, Order 3, Rule 2 -- General power of attorney holder - Not a substitute to the party - Not competent to appear as witness in the capacity of party and depose about facts within exclusive personal knowledge of the party - However, he can depose about facts which are within his personal knowledge...........
Evidence Act, 1872, Section 78(6), 85, Registration Act, 1908, Section 33 -- General Power of attorney - Executed by a person residing outside India - Duly authenticated by a Notary Public - Fulfills the requirement of S.33 Registration Act - It does not require registration in India - Its original or certified copy is admissible in evidence and attaches a rebuttal..........
Transfer of Property Act, 1882, Section 54, 5, 7, Contract Act, 1872, Section 2, 10, 11, Guardians and Wards Act, 1890 -- Majority Act, 1875 - Minor's property - Sale by general power of attorney holder - Would not be a person competent in law to contract - Permission to sell not obtained - Therefore no valid title could be transferred...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 2 -- Relationship of landlord and tenant - Purchase of property on basis of agreement to sell, general power of attorney, affidavit and will - Possession delivered to prospective vendee - On the same day rent note executed by vendor in favour of vendee - Held, general power of attorney holder is landlord within the..........
Civil Procedure Code, 1908, Order 3, Rule 2, 4 -- General power of attorney holder - Has no right of audience - Not entitled to plead and argue - Power to plead on behalf of a party in judicial proceedings vests only with the pleader...........
Rent and Eviction -- Sub letting - Inducting a partner - Tenant entering into partnership - Profit and loss 50% each - General power of attorney given to run business - Sub letting in disguise of partnership alleged - No material available on record to hold partnership was brought into existence for disguising a sub letting in reality - Tenant not liable to be evicted on..........
Sale deed -- Sale by power of attorney holder - General power of attorney - Power to lease, mortgage and sale specifically given - Sale is valid...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that plaintiff is the owner in possession of suit property - Sale deed in favour of defendant No.1 executed by defendant No.2 is illegal, void and does not confer any right - Agreement to sell executed by plaintiff in favour of defendant No.1 - Signatures admitted - When signatures are admitted it is for the..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Power of attorney - Payee authorising her husband through a letter to file complaint on her behalf - Authority letter did not state that payee would be bound by the acts of her husband - Held, authority letter could not be equated with General or Special Power of Attorney - Complaint not property..........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 12(3) -- After payment of first instalment became due surrender of plot by general power of attorney of allottee - Cancellation of lease and forfeiture of 10% of total premium plus ground rent - Plea that general power of attorney not authorised to apply for surrender of plot - Not tenable as different clauses of..........
