Power of attorney
AK Misra
(Querist) 09 September 2017
This query is : Open
Dear Experts
In a case main evidence from the Applicant side deposed the witness and exhibited documents on the basis of POA issued
in his favour. During the cross several objections were raised upon the validity of notorised POA such as (1) POA was not witnessed
(2) was not supported by the Resolution though it was specifically mentioned in POA that Resolution is attached as a condition.
Please enlighten me !) Whether such POA is valid? 2) Whether we can raise objection in final arguments that entire deposition based on such invalid POA is not maintainable.
If there are some specific section in Indian Evidence Act or elsewhere,please quote. If there is any rulling please quote.
Please do not say it is academic OR who am I OR give complete details and so on. I request for a relevent guidelines.Thanks.
Advocate Bhartesh goyal
(Expert) 09 September 2017
Objections regarding exhibition of power of attorney should have been raised at the time of it's marking as exhibit now you are estopped to raise objection regarding it's exhibition.in regards to validity of power of attorney you should have asked the questions in cross examination to witness .Now raised all objections regarding validity of power of attorney at the time of final arguments.
AK Misra
(Querist) 09 September 2017
All such question were asked,raised and recorded. I want some definite material which can be given to Magistrate along with brief/arguments
AK Misra
(Querist) 09 September 2017
I am asking whether such POA which are not witnessed is valid POA? If not what is law in specific.Sir my querry is very clear.
kavksatyanarayana
(Expert) 12 September 2017
For evidence and registration purpose, any document is executed, it shall be with two witnesses. otherwise it is not valid.
AK Misra
(Querist) 13 September 2017
Can I have where in the Evidence Act or any other Act such condition is mentioned. I want something from law or rullings please help.
