#Power Of Attorney

Gujarat HC quashed FIR against POA holders, ruling vague allegations lacking specific criminal intent amount to abuse of process under Sec 482 CrPC. It shields parties in property deals from baseless prosecutions and stresses need for concrete allegations.

The Gujarat HC held a POA is not irrevocable unless the agent has an interest in the subject-matter, letting the principal cancel it even after partial use. Any sale deed executed by the agent after cancellation is void, shielding principals from unauthorized transfers.

The Bombay High Court nullified an injunction granted to a respondent based on an unregistered lease executed by a power of attorney holder with no authority to lease the entire property. This ruling reinforces that mere physical possession under an ultra vires lease cannot confer lawful possession without valid title or registered authority, impacting landlords, tenants, and property litigants relying on informal agreements.

NCLAT clarifies that a power of attorney holder can file an insolvency application under Section 95 IBC if authorised by a board resolution, even without explicit mention in the power of attorney. The ruling underscores the sufficiency of corporate authorisation for initiating personal insolvency proceedings against guarantors.

The Bombay High Court has ruled that a legatee need not obtain probate to file an eviction suit if the claim rests solely on landlord-tenant rights under a lease, not on ownership derived from a will. This clarifies that Section 213 does not extend to tenancy disputes, protecting tenants from procedural delays while affirming the separation between succession law and rent control remedies.

When a plaintiff challenges a sale deed executed through a power of attorney, courts require court fees to be calculated based on the deed’s stated value unless and until fraud in the underlying power of attorney is formally established. This ruling binds plaintiffs in property disputes to treat the sale deed as valid at the pleading stage, shifting the burden of proving fraud to later stages - impacting how property title suits are structured and funded.

The Punjab & Haryana High Court ruled that a party’s affidavit remains admissible as evidence even after their Power of Attorney holder has testified, as no statutory bar exists under evidence law. This ensures the principal retains the right to testify in their own cause, reinforcing the flexibility of witness competency in civil proceedings.

Madras High Court rules that matching photographs in prior and current documents conclusively establish identity for deed registration, eliminating the need for additional ID proof. The ruling curtails administrative discretion to reject registration based on minor name discrepancies, reinforcing procedural efficiency in property transactions.

Punjab & Haryana HC reinforces that plaintiffs seeking specific performance must prove continuous readiness and willingness throughout the litigation. In a landmark ruling, the court awarded 12% interest on the balance consideration to balance equity after a 38-year delay in enforcing a 1988 land sale agreement, setting a precedent for equitable relief in long-pending property disputes.

Karnataka High Court holds that unregistered general power of attorney authorizing sale does not invalidate registered sale deeds if no interest is created in the agent.

Bombay High Court holds that suppression of pending litigation and prior objections defeats claim for temporary injunction, reinforcing principles of clean hands in equity.

Punjab and Haryana High Court holds that in transactions involving illiterate pardanashin women, the burden shifts to the beneficiary to prove informed consent, invalidating a Power of Attorney obtained by fraud.

Bombay High Court holds that limitation for specific performance begins only upon breach of agreement, not the stipulated execution date, clarifying Article 54 of Limitation Act.