Contract act and that too by reading Sections
202 and 209 together. A careful reading of
Section 202 would show:-
(a) that ... Section 202 does not stipulate that
the termination of agency by the death of the
principal is not permissible at all. Section 202
does
name. There is no embargo in it. In fact, under Section
202 Indian Contract Act, the power of attorney coupled with interest cannot be
cancelled ... power coupled with interest by
virtue of Section 202 of the Indian Contract Act and Ex.A.4?
b) Whether the Courts below are right
about the revocation
of the general power of attorney offends Section 202 of the Contract
Act. Thus, the circular deserves to be struck down ... tenor of the
document as well as from its terms. Section 202 of the
Contract Act provides that where the agent has
himself an interest
plaintiff has any interest, such an interest as is contemplated in Section 202 , Contract Act. The plaintiff does not repudiate the Bhot Patra ... spiritual benefit cannot amount to an interest within the meaning of Section 202 , Contract Act. We do not think therefore that the agency created
being one coupled with interest cannot
be terminated as per Section 202 of the Contract Act.
10. Mr.N.Manoharan, learned counsel would also invite ... interest, would devolve on his heirs upon his death.
12. Section 202 of the Contract Act only prohibits termination of agency
to the prejudice
Sections 202 , 203 , 204 and 206 of the Indian Contract Act, 1872. Section
202 of the Indian Contract Act, 1872, lays down that an agency ... Power of Attorney is not tenable in view of Section 202 of the Indian
Contract Act, 1872 and if a Principal wants to revoke
General Power of Attorney under Section 201 of the Contract Act. As
per Section 209 of the Contract Act, Power of Attorney has to take ... fall under Section 205 of the Contract Act or
could exercise lien on the property of the principal under Section 221of
the Contract Act. Therefore
another aspect which we must advert to, that is,
Section 202 of the Indian Contract Act, 1872, which reads as follows:
''202. Termination ... reported in AIR 1946 Mad 9, the scope
of Section 202 of the Indian Contract Act, 1872, was considered by a Division
Bench of this
Madras 333, where, this Court held that the
principle of Section 202 of Indian Contract Act would apply only to cases
where authority is given ... where this Court held that in terms of Section 202 of
Indian Contract Act, agency coupled with interest cannot be terminated to the
breach
same cannot be cancelled, as the provision of Section 202 of the Contract Act will be attracted. The First Appellate Court also failed to consider ... cancellation of Power itself is illegal and hit under Section 202 of Contract Act. At the time of execution of power of attorney in favour
