Implied revocation of power of attorney -section 207 contract act
THANKACHAN V P
(Querist) 29 January 2013
This query is : Resolved
Dear Friends,
In a money suit, plaintiff filed petition to contest the case through his POA as he was leaving India and same allowed the court.(Actually he did not leave India!) Thereafter the suit was decreed ex-parte. The defendants filed petition to set aside the exparte decree . The petition was opposed by the plaintiff himself by filing counter.But at the time of trial the POA adduced evidence on behalf of the plaintiff.My query is 1.whether the power given to POA was revoked by filing counter by plaintiff himself. 2.What is evidentiary value of the evidence tendered the POA for and on behalf of the plaintiff.
Anirudh
(Expert) 30 January 2013
No there cannot be any implied revocation of POA. The principal, even after having constituted a POA, can himself perform the acts himself. In his absence or at his option, the POA can act. In other words, both the Principal and POA can alternatively act. There is no bar.
Bikram Sarkar
(Expert) 30 January 2013
I completely agree with Anirudh that POA cannot be revoked in implied manner and the evidence of POA shall be treated as good as the evidence of principal, if personally adduced by him.
THANKACHAN V P
(Querist) 30 January 2013
I invite your attention to the contract act and citation shown below.
207. Revocation and Renunciation may be expressed or implied -
Revocation and renunciation may be expressed or may be implied in the conduct of the principal or agent respectively.
Illustration
A empowers B to let A’s house. Afterwards A lets it himself. This is an implied revocation of B’s authority.
Where a deed of power of attorney recited that the agent shall do all acts and carry on business on behalf of the principal in his absence from India ,by applying s.207 the power should be treated as impliedly revoked when principal returned to India AIR 1978 Andhra 442(443)
Anirudh
(Expert) 30 January 2013
In the example given by you, the power of attorney was given only for letting the property. Once the property is let out, the question of the POA doing anything further does not arise.
Whereas in the case of the POA granted to deal with the acts and deeds necessary in regard to the case, it is not a single act or deed. It is a series of acts and deeds. Therefore, the same can be done alternatively, sometimes by the principal himself and at other times by the Agent. Therefore, in the fact situation, the question of implied revocation of POA does not at all arise.
THANKACHAN V P
(Querist) 30 January 2013
Dear Anirudh the example I have shown is the illustration given to section 207 of contract act.What I learned from S 207 is that the power given to the agent can be revoked by the act of the principal. It need not be in writing. The power of agent ends, the moment the principal takes back the 'shoe' from the agent.
Kindly show me if there any authority with you that both principal and agent can act simultaneously.
Guest
(Expert) 10 December 2014
Well Advised by Experts
Anirudh
(Expert) 10 December 2014
GET VERY WELL EXPOSED ABOUT YOUR FALSE PROFILE AND YOUR DESPARATE ATTEMPT TO HIDE YOUR FALSITY.
THIS SORT OF GIMMICS WILL NOT WASH AWAY YOUR FALSE AND FRADULENT PROFILE.
AN YEAR OLD QUERY.
THE NEW RIP WAN WINKLE HAS WOKEN UP!
THIS GOOD FOR NOTHING FELLOW IS TRYING TO RIDE ON THE EXPERTISE OF OTHER EXPERTS THAT TOO AFTER AN YEAR!
DESPERATION IS SHOWING ON THIS FELLOW.
This fellow cannot even be a last person one can consult for any advice.
This fellow is good for nothing. Many a times he gives advices which are not supported by law.
TAKE THIS FELLOWS FALSITY IN HIS PROFILE. THIS FELLOW ATTACHES MORE IMPORTANCE TO THE PROFILE, WHILE HE IS FILLING UP TOTAL FALSE HOOD IN HIS PROFILE.
please visit the following link:
http://www.lawyersclubindia.com/lawyers_search/N-J-S-Rajkumar-alias-narasimha-254519.asp#.VIcRwmeHPFx
where he claims that he is practising from 2001, while as already indicated by me, he was enrolled only in the year 2012!!! CAN ANYBODY PRACTICE BEFORE ENROLMENT? IF ONE DOES SUCH A PRACTICE IS HE NOT FIT TO BE CALLED A "FRAUD"?
N.J.S.Rajkumar alias narasimha's Details
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Therefore, before taking advice, the querist should be too careful
