Constitution of India, 1950, Article 226 -- Laches - Unexplained delay of almost 5 years between date of cancellation of lease and filing of writ petition - Total silence for a period of 5 years makes petitioner's attempt to explain delay (inasmuch as petitioner has come to India after 5 years for completing formalities in connection with plot allotted having appointed his..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A -- Resumption of plot on ground of violation of Rule 5 of Punjab Capital (Development and Regulation) Building Rules, 1952 - Order challenged by mortgagee who is also holder of general power of attorney from allottee - Objection raised in written statement to maintainability of writ petition and locus..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Agreement to sell - Entire consideration amount received - Power of attorneys executed in favour of the vendees to deal with the property in any manner whatsoever - Vendor left with no right, title or interest in the properties - Cancellation by defendant - Suit for declaration and permanent injunction praying for staying..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction restraining defendants from alienating suit property in a suit for specific performance - Explicitly mentioned in agreement that executant only a Karinda - Fact that Karinda signed as attorney the written statement - Cannot be said that Karinda could even execute agreement of sale - No special general..........
Civil Procedure Code, 1908, Order 13, Rule 2, 1 -- Documents - Late production - Two documents in question purporting to be a Board resolution and general power-of-attorney could not be filed at an early stage due to negligence of the Counsel - A litigant should not be made to suffer for fault of its advisors or functionaries responsible for the lapse - Good cause for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - Landlord authorised his general Power of Attorney holder to collect rent and file civil & Revenue suits in case of dispute - Held, attorney can file criminal complaint too - Mere fact that word `Criminal Court' has not been expressly mentioned would not preclude..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2(a), 6(2) -- Recognised agent - Includes General Power of attorney holder - When plaintiff's Advocate himself files GPA, Court is bound to take note that execution and authorisation by plaintiff is prima facie established - Reason for appointing GPA to prosecute litigation irrelevant - Court cannot probe into propriety or..........
General Power of Attorney -- Suit filed by G.P.A. holder - Burden lies on plaintiff to prove genuineness of G.P.A. at the trial - Defendant even before filing written statement making application to direct plaintiff to appear before Court to ascertain his state of mind when he executed GPA - Order of lower Court allowing such application - Unsustainable...........
Evidence Act, 1872, Section 65 -- Secondary evidence - General Power of attorney - Loss of original - Application rejected on ground of delay - Document had already been tendered in evidence and exhibited - Petitioner wanted permission so that any future objection may be met - Order rejecting application set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint to add party - Bank by General Power of Attorney authorised two persons to jointly file suit - Suit filed by one - Amendment of plaint sought to add the other person - Amendment allowed-Held that Bank merely rectifying act of its agent...........
