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1 - 2 of 2 (0.20 seconds)Satish Kumar & Ors vs Surinder Kumar & Ors on 27 September, 1968
On perusal of the power of attorney, it appears that this
power of attorney does not itself create, declare, limit, assign,
extinguish any right etc. and that it shall merely create a right
to execute another document only. In such a situation, according
to decision reported in AIR 1952 SC 153 the said document requires
registration with the requisite stamp papers. It was done
accordingly. So, it does not require further impounding at all.
The learned Advocate for the opposite party refers to the
decision of Satish Kumar & ors Vs. Surinder Kumar & ors. reported
in AIR 1970 SC 833 and submits that according to this decision the
document requires impounding. With due respect to him, I find
that this relates to an award and it lays down when an award is to
be registered or when it becomes enforceable on the basis of a
decree passed by a competent court. Therefore, this is not at all
applicable in the instant situation. Here, I may record that
power of attorney has been properly registered on proper stamp
paper.
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