Indian Kanoon - Search engine for Indian Law

22. Section 197 deals with ratification, which again may be express or implied. Ratification may be

- 42- expressed or may be implied in the conduct of the person on whose behalf the acts are done. Section 196 expressly provides that where acts are done by one person on behalf of another, but without his knowledge or authority, he may elect to ratify or to disown any such acts. If he ratifies them, the same effects would follow as if they had been done personally. Therefore, unless such act is repudiated by the principal, there is implied ratification. There could be an express ratification by executing the same after the performance of the said Act. When once such document is executed, the ratification dates back to the execution of the Power of Attorney, at any rate immediately prior to the said act making the act a valid one.

- 44- the power of attorney being a General Power of Attorney, the terms of the power of attorney has to be understood in the context of the attorney holder doing all lawful acts to protect the interest of the principal and to see that the principal does not suffer any loss or damage in respect of the property management that has been entrusted to the agent. Therefore, it is not possible to hold that the power of attorney executed in the year 1962 by Syed Ghulam Dastagir in favour of his agent do not authorize the attorney holder to file Form No.1. At any rate, after he filed Form No.1 and started prosecuting the matter, ratification is done by executing another power of attorney. As long as the principal has not repudiated, the act of the agent, there is an implied ratification and subsequently, the ratification is made expressly and once the ratification is made, it dates back to the date prior to the filing of Form No.1 and rightly the Tribunal has held that Form No.1 filed is