Andhra Pradesh HC: Oral Power of Attorney Not Binding, Must Be Written

Must Read

WhatsApp Emails Delhi HC Judge Asking Her Not To Hear the Plea Challenging New Privacy Policy

The Delhi High Court raised strong objection to an E-mail sent by WhatsApp asking a judge not to hear the plea which challenges its new privacy policy. Justice Pratibha Singh said that the e-mail that was withdrawn later was totally unwarranted as she was anyway going to recuse from hearing the plea which was filed by Rohilla Chaitanya who contends that the new privacy policy of WhatsApp provides 360-degree access to a customer’s virtual activity and is against the fundamental right of privacy.

TRP Scam Case: Bombay HC Extends Protection To Arnab Goswami and Other Employees Till the Next Hearing

On Friday, the Bombay High court extended the protection that was given, to Republic TV’s Editor in Chief Arnab Goswami and other employees of ARG Outlier Media Private Limited till January 29th in the alleged case of Television Rating Point manipulation. A status report was submitted by the police to the division bench of Justices S.S.Shinde and Manish Pitale by the Police on the ongoing case.

Plea Seeks FIR Against Maharashtra Minister Dhananjay Munde in Bombay HC for False Info

A plea has been filed in Bombay High Court seeking an FIR against Maharashtra minister Dhananjay Munde who is undergoing times of trouble due to his extra-marital affair. Recently, an FIR had been lodged against Munde by a woman, accusing him of raping her sister. Munde clarified that he was actually in a relationship with that woman and had two children. He accused the two women of blackmailing him.

Writ Petition for Compensation Accepted by Calcutta High Court 

Introduction The Petitioner Purna Ch. Biswas filed a Writ Petition with the complaint that their claims for a higher quantum...

No Members Could Be Disqualified Without Authorisation by Political Party: Gujarat High Court

Excerpt The dispute application no.7 of 2020 filed by respondent no.2 before designated authority. Thereafter the designated authority order dated...

Delhi High Court Directs Delhi Jal Board To Make Supply of Potable Drinking Water

The High Court of Delhi in the matter of Delhi Sainik Cooperation Housing Ltd. v. Union of India &...

Follow us

A single-judge bench consisting of honorable Justice Battu Devananda gave orders on the civil revision petition filed by the petitioner. The Petition is directed against the dismissal of an interlocutory application filed by the Petitioner, seeking to send the original documents mentioned in the Petition for the purpose of comparison of the Respondent’s signatures in the suit sale agreement.

Facts

In this case, the Petitioner filed the suit for the specific performance of an agreement of sale, dated 12.08.2009 which was executed by the respondent in his favor. The Petitioner filed I.A. No. 147 of 2018 in O.S. No. 63 of 2013 under order 13 rule 10 and under order 16 rule 6 of Code of Civil Procedure.

In the Petition, the Petitioner seeks the original documents mentioned in the Petition for the purpose of comparison of the Respondent’s signatures in the suit sale agreement. This Petition was dismissed by the Court and aggrieved by the same Petitioner filed the present Civil revision Petition. 

Arguments 

The learned Counsel for the Petitioner submits that the Respondent has intentionally taken the false pleas. The Respondent has filed the Writ Petitions before the Honorable High Court of Andhra Pradesh with her signatures in the affidavits different from that of the Petition. The learned Counsel contends that the Respondent does this occasionally as she has taken the plea of forgery in this suit and in the absence of original signatures, he is unable to send the sale agreement for comparison to an expert for an opinion. 

The learned Counsel for the Respondent submits that the Respondent is of ill-health and cannot travel often. Therefore, the Respondent has given an oral Power of Attorney to her husband to visit various offices and sign on her behalf on the respective documents. In accordance with this, the signatures in the affidavit filed in the Court are not that of the respondent. Those signatures are not admitted signatures and the orders given by the Court on the interlocutory application are appropriate. 

Court’s Analysis 

The case of the Petitioner is that the Respondent intentionally put her signatures in different styles in different documents at different points in time. The Petitioner is asking for original documents so that he can compare the signatures and prove his case on better lines.

The learned Counsel of the Petitioner and Respondents relied on the same judgments i.e., Pidikit Sasikala v. Kothamasu Lakshmi Mohan [email protected] Mohan Rao and others and Lakshmi and another v. Chinnammal Alias Rayammal and others. After reading the judgments it was found that the Respondent’s husband has signed the affidavit as per her consent and it amounts to oral power of attorney.

But in the eyes of law, there is no such power of attorney, it is a settled position in law that a power of attorney must be in writing only. Therefore, the signing of the affidavit filed along with Writ Petitions before the High Court of Andhra Pradesh amounts to perjury which is punishable. The contention of the Respondent is not maintainable and the original affidavit of the Respondent in Writ Petitions mentioned in the documents filed in I.A. no. of 147 of 2018 is not sustainable and not legal. 

Court’s Order 

The Court held that the orders passed before dismissing the petition filed by the petitioner is not in accordance with the law and liable to be set aside. The civil revision Petition is allowed and the orders, dated 15.11.2019 in I.A. NO. 147 of 2018 in O.S. No. 63 of 2013, is set aside. There is no cost allowed and any miscellaneous petitions pending shall stand closed. 

Click here to read the judgment.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

WhatsApp Emails Delhi HC Judge Asking Her Not To Hear the Plea Challenging New Privacy Policy

The Delhi High Court raised strong objection to an E-mail sent by WhatsApp asking a judge not to hear the plea which challenges its new privacy policy. Justice Pratibha Singh said that the e-mail that was withdrawn later was totally unwarranted as she was anyway going to recuse from hearing the plea which was filed by Rohilla Chaitanya who contends that the new privacy policy of WhatsApp provides 360-degree access to a customer’s virtual activity and is against the fundamental right of privacy.

TRP Scam Case: Bombay HC Extends Protection To Arnab Goswami and Other Employees Till the Next Hearing

On Friday, the Bombay High court extended the protection that was given, to Republic TV’s Editor in Chief Arnab Goswami and other employees of ARG Outlier Media Private Limited till January 29th in the alleged case of Television Rating Point manipulation. A status report was submitted by the police to the division bench of Justices S.S.Shinde and Manish Pitale by the Police on the ongoing case.

Plea Seeks FIR Against Maharashtra Minister Dhananjay Munde in Bombay HC for False Info

A plea has been filed in Bombay High Court seeking an FIR against Maharashtra minister Dhananjay Munde who is undergoing times of trouble due to his extra-marital affair. Recently, an FIR had been lodged against Munde by a woman, accusing him of raping her sister. Munde clarified that he was actually in a relationship with that woman and had two children. He accused the two women of blackmailing him.

Writ Petition for Compensation Accepted by Calcutta High Court 

Introduction The Petitioner Purna Ch. Biswas filed a Writ Petition with the complaint that their claims for a higher quantum of compensation have not yet...

No Members Could Be Disqualified Without Authorisation by Political Party: Gujarat High Court

Excerpt The dispute application no.7 of 2020 filed by respondent no.2 before designated authority. Thereafter the designated authority order dated 28.10.2020 disqualified the petitioner and...

Delhi High Court Directs Delhi Jal Board To Make Supply of Potable Drinking Water

The High Court of Delhi in the matter of Delhi Sainik Cooperation Housing Ltd. v. Union of India & Ors held that right to...

Punjab & Haryana High Court Orders Security To BJP Leader Alleged for Not Supporting Farmers Protest

The Order had come in the form of a Writ Petition filed by Tikshan Sood under Article 226 of the Constitution. The petition before...

Lahore High Court Outlaws Two-Finger Virginity Test

The Lahore High Court in Pakistan has outlawed the use and conduct of virginity tests, namely, the use of the “two-finger” virginity test and...

London Court Rejects Assange’s Extradition – What Happens Now? 

Earlier last week, District Judge Vanessa Baraitser, sitting in the Westminster Magistrates’ Court denied the Government of the U.S.A.'s request to the U.K. to...

Calcutta High Court Decides in Favor of Contractor as He Accidentally Pays an Excessively High Amount

Introduction The present writ petition has been filed for a writ in the nature of mandamus commanding the Respondents to revoke the Petitioner’s offer as...

More Articles Like This

- Advertisement -