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1 - 8 of 8 (0.30 seconds)State Of Rajasthan & Ors vs Basant Nahata on 7 September, 2005
In State of Rajasthan Vs. Basant Nehata, 2005 (12) SCC 777,
Hon'ble Apex Court held "A grant of power of attorney is essentially governed
Chapter X of the Contract Act. By reason of a deed of power of attorney, an
agent is formally appointed to act for the principal in one transaction or a
series of transactions or to manage the affairs of the principal generally
conferring necessary authority upon another person. A deed of power of
attorney is executed by the principal in favour of the agent. The agent derives
a right to use his name and all acts, deeds and things done by him and subject
to the limitations contained in the said deed, the same shall be read as if done
by the donor. A power of attorney is, as is well known, a document of
convenience. Execution of a power of attorney in terms of the provisions of
the Contract Act as also the PowersÂof Attorney Act is valid. A power of
attorney, we have noticed hereinabove, is executed by the donor so as to
enable the donee to act on his behalf. Except in cases where power of attorney
is coupled with interest, it is revocable. The donee in exercise of his power
Satpal Kaur Vs. S. Manmohan Singh Page No. 19 / 33
under such power of attorney only acts in place of the donor subject of course
to the powers granted to him by reason thereof. He cannot use the power of
attorney for his own benefit. He acts in a fiduciary capacity. Any act of
infidelity or breach of trust is a matter between the donor and the donee".
Bhagwan Tana Patil vs The State Of Maharashtra on 9 October, 1973
In Bhagwan Tana Patil Vs. State of Maharashtra AIR 1974 SC
1974, Hon'ble Apex Court ordained that the function of the Court is to
disengage the truth from the falsehood and to accept what it finds to be true
Satpal Kaur Vs. S. Manmohan Singh Page No. 22 / 33
and reject the rest. It is only where the truth and falsehood are inexplicably
mixed up, polluted beyond refinement down the core the entire fabric of the
narration given by a witness, that the Court might be justified in rejecting the
same.
Section 17 in The Registration Act, 1908 [Entire Act]
The Registration Act, 1908
Section 201 in The Indian Contract Act, 1872 [Entire Act]
Suraj Lamp & Industries (P) Ld.Tr.Dir vs State Of Haryana & Anr on 15 May, 2009
32. Further, it was held in Suraj Lamb Case (supra) that a power of
attorney is not an instrument of transfer in regard to any right, title or interest
in an immovable property. The power of attorney is creation of an agency
whereby the grantor authorizes the grantee to do the acts specified therein on
behalf of grantor, which when executed will be binding on the grantor as if
done by him. A power of attorney is revocable or terminable at any time
unless it is made irrevocable in a manner known to law. Even, an irrevocable
attorney does not have the effect of transferring title to the grantee.
The Powers-Of-Attorney Act, 1882
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