The Future of International Courts and Tribunals in The Hague :
International courts are formed by treaties between nations or under the authority of an international organization such as the United Nations and include ad hoc tribunals and permanent institutions but exclude any courts arising purely under national authority. What is International Court of Justice (ICJ ) ? The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and it commenced its functions April 1946. For India this year is very important as it was preparing to Draft its Constitution and formed Constituent Assembly in December,1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Out of the six principal organs of the United Nations, it is the only one not located in New York (United States of America). Early examples of international courts include the Nuremberg and Tokyo tribunals established in the aftermath of World War II. Two such courts are presently located at The Hague in the Netherlands are “the International Court of Justice (ICJ)” , and “the International Criminal Court (ICC)”. Further international courts exist elsewhere, usually with their jurisdiction restricted to a particular country or issue, such as the one dealing with the genocide in Rwanda. In addition to international tribunals created to address crimes committed during genocides and civil war, ad hoc courts combining international and domestic strategies have also been established on a situational basis. Examples of these “hybrid tribunals” are found in Sierra Leone, Lebanon, East Timor, and Cambodia. Role of ICJ: The Court’s role is to settle legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies as per provisions of its law. Composition of ICJ: The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. It is assisted by a Registry, its administrative organ. Its official languages are English and French. List of international courts Name Scope Years active Subject matter African Court of Justice Africa 2009–present Interpretation of AU treaties African Court on Human and Peoples’ Rights Africa 2006–present Human rights Appellate Body of the World Trade Organization Global 1995–present Trade disputes within the WTO Benelux Court of Justice Benelux 1975–present Trade disputes within Benelux Caribbean Court of Justice Caribbean 2005–present General disputes COMESA Court of Justice Africa 1998–present Trade disputes within COMESA Common Court of Justice and Arbitration of the OHADA Africa 1998–present Interpretation of OHADA treaties and uniform laws Court of Justice of the Andean Community South America 1983–present Trade disputes within CAN Court of the Eurasian Economic Union Former USSR 2015–present Economic disputes and interpretation of treaties within the EAEU East African Courts of Justice Africa 2001–present Interpretation of EAC treaties Eastern Carrabian Supreme Court Caribbean 1967–present General disputes Economic Court of the Commonwealth of Independent States Former USSR 1994–present Economic disputes and interpretation of treaties within the CIS ECOWAS Community Court of Justice Africa 1996–present Interpretation of ECOWAS treaties European […]
Read moreDispute between Australia – New Zealand and Japan over Sothern Bluefin Tuna Case Study
Cause of Action: Australia approached the International Tribunal for the Law of the Sea (‘the Tribunal’) ( ITLOS) to prescribe the provisional measures specified in Australia’s dispute with Japan over Southern Bluefin Tuna (‘SBT’),pending the constitution of an Arbitral Tribunal under Annex VII of UNCLOS (‘the Arbitral Tribunal’). The dispute relates to Japan’s failure to conserve, and to cooperate in the conservation of, the SBT stock, as manifested, inter alia, by its unilateral experimental fishing for SBT in 1998 and 1999. It also included the interpretation and application of certain provisions of UNCLOS. The Arbitral Tribunal were asked to take into account, for the said reasons, the provisions of the 1993 Convention for the Conservation of Southern Bluefin Tuna (‘the 1993 Convention’) and the parties’ practice in relation to that Convention, as well as their obligations under general international law, in particular the precautionary principle. Reasons: Japan’s unilateral experimental fishing for SBT and its lack of cooperation in the conservation and management of SBT which will have the potential to cause serious prejudice to the rights of Australia; Natural environmental changes could combine at any time with the vulnerable state of the resource to cause a further and potentially highly damaging decline to the stock; The reason for requesting provisional measures is that Japan’s current and proposed unilateral actions in relation to SBT, taken in the context of a stock at historically low levels, increase the threat to that stock and undermine the disciplines of the accepted scheme for SBT management; If not addressed by way of provisional measures, the unilateral actions of Japan have the potential to cause serious prejudice to the rights of Australia; This prejudice could not be the subject of adequate remedy in any subsequent decision of the Annex VII Arbitral Tribunal; Pending the constitution of this Arbitral Tribunal under Annex VII of UNCLOS, Australia and New Zealand, on July 30, 1999, each filed a request for the prescription of provisional measures with the International Tribunal for the Law of the Sea (“ITLOS”). Background to the Current Proceedings Southern Bluefin Tuna (Thunnus maccoyi, hereafter sometimes designated “ SBT “) is a migratory species of pelagic fish that is included in the list of highly migratory species set out in Annex I of the United Nations Convention on the Law of the Sea. SBT range widely through the oceans of the Southern Hemisphere, principally the high seas, but they also traverse the exclusive economic zones and territorial waters of some States, notably Australia, New Zealand and South Africa. They spawn in the waters south of Indonesia. The main market for the sale of SBT is in Japan, where the fish is prized as a delicacy for sashimi. Grounds argued and or pleaded: It is common ground between the Parties that commercial harvest of SBT began in the early 1950s and that, in 1961, the global catch peaked at 81,000 metric tons (“mt”). By the early 1980s, the SBT stock had been severely overfished; it was estimated that the parental stock had declined to 23-30% of its 1960 level. In 1982, Australia, New Zealand and Japan began informally […]
Read moreSuicide – Power of State and Center to transfer matter to CBI – Obligations of Courts to protect Fundamental Rights
With alleged Suicide by Sushant Singh Rajput many discussions and debates and view point is expressed by media and other platforms on Power of Central Government to transfer the case to CBI when State Police fails to investigate collect evidence for free and fair trial in the matter. Let us discuss various aspects of this issue in its legal conspectus. Role and Rights of Accused in investigation Union of India and Anr. v. W.N Chadha (1993) Supp. 4 SCC 260, is a judgment which states that the accused has no right to participate in the investigation till process is issued to him, provided there is strict compliance of the requirements of fair investigation Likewise, the judgments in Smt. Nagawwa v. Veeranna Shivalongappa Konjalgi & Ors. (1976) 3 SCC 736, Prabha Mathur and Anr. v. Pramod Aggarwal & Ors., (2008) 9 SCC 469, Narender G. Goel v. State of Maharashtra (2009) 6 SCC 65 and Dinubhai Bhogabhai Solanki v. State of Gujarat & Ors. (2014) 4 SCC 626, which state that the accused has no right to be heard at the stage of investigation, has very little to do with the precise question before us. All these judgments are, therefore, distinguishable. Duty of Police to file F.I.R In Lalita Kumari vs. Govt. of Uttar Pradesh,the question before the Supreme Court was whether a police officer is bound to register a First Information Report (FIR) upon receiving any information relating to commission of a cognizable offence under section 154 of the Code of Criminal Procedure, 1973 or the police officer has the power to conduct a preliminary inquiry in order to test the veracity of such information before registering the same. It was held that: i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. ii) If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. iii) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further. iv) The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence. v) The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence. vi) As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under: a) Matrimonial disputes/ family disputes […]
Read moreInternational Centre for Settlement of Investment Disputes (ICSID) Rules,Procedure, and India’s approach
First let us see why ICSID was formed and here we will see Practice, Rules and Jurisdiction of ICSID. With growing economy and globalization some forum was felt necessary to resolve dispute between investor and Host State. ICSID was established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention), is a multilateral international treaty. The ICSID Convention came into force on October 14, 1966. As of May 2016, 153 contracting member states agreed to enforce and uphold arbitral awards in accordance with the ICSID Convention. The primary purpose of ICSID is to provide facilities and services to support conciliation and arbitration of international investment disputes. The ICSID is part of and funded by the World Bank Group, and its headquarter is in Washington, D.C., in the United States of America. It is an autonomous, multilateral specialized institution to encourage international investment and ease non-commercial risks by a treaty drafted by the International Bank for Reconstruction and Development’s( IBRD) executive directors and signed by member countries. The seat may be moved to another place by decision of the Administrative Council adopted by a majority of two-thirds of its members. The Center has an Administrative Council and a Secretariat and maintains a Panel of Conciliators and a Panel of Arbitrators. Unique Features of ICSID Arbitration and conciliation under the Convention is voluntary and require consent of both the investor and State concerned ( Host State) Once such consent is given, it cannot be withdrawn unilaterally and it becomes a binding undertaking. ICSID is an impartial facility, and it does not decide the cases. The independent arbitrators and conciliators appointed to each case and pass award. Organization Structure The President of the Bank is ex officio Chairman of the Administrative Council (hereinafter called the Chairman) but shall have no right to vote. During his absence or inability to act and during any vacancy in the office of President of the Bank, the person for the time being acting as President shall act as Chairman of the Administrative Council. Jurisdiction: Jurisdiction of the ICSID is in Article 25 The term “jurisdiction of the Centre” is used in the Convention as a convenient expression to shall deemed to mean that, the limits within which the provisions of the Convention will apply. The facilities of the Centre will be available for conciliation and arbitration proceedings when its within jurisdiction of ICSID to its members. The jurisdiction of the ICSID extends to any legal dispute arising directly out of an investment, between a Contracting State / Host Sate and an investor/national of another Contracting State, which the parties to the dispute consent in writing to submit to the ICSID. It may be noted that, consent alone doesn’t bring a dispute within its jurisdiction. The jurisdiction of the Centre is further governed by Article 25(1). Article 25 (1) provides that the jurisdiction of ICSID applies to legal disputes arising out of investments. So two basic preconditions which will give ICSID Jurisdiction. The expression “legal dispute” has been used to make clear that while conflicts of rights are within […]
Read moreHEIGHT RESTRICTIONS JUDGMENT IN GROUP MATTER OF KALPATARU HITS AND MISSES
This Blog is only limited to the point of law on the basis of which observations are made and order is passed. This is very significant Judgment because the site in question is in the vicinity of International Airport and application of builder is for increase in height as permissible. The case of the Respondent is rejected because the height restrictions were capped on basis of 12th April 2018, draft rules vide Notification No. GSR 365 published by Union of India Respondent in the matter. Another caution is after this order top floors will be sold out and it is the Bank, Flat Purchaser and investors will be the sufferers. This Judgment is certainly giving rise to high rises in the vicinity. The specific statement from the Union of India is must else there are rulings of Supreme Court that, draft rules can be acted upon if there is intention of the Government to implement the same. Para 41 of the said Judgment is an operative part of final Judgment: 41. As already mentioned above, the impugned NOC’s were also based on the decision of the Appellate Committee and not granted in accordance with the provisions of the 2015 Rules. For the reason stated above, we are of the view that the impugned NOC’s have not been issued in accordance with the provisions of the 2015 Rules and are therefore also liable to be quashed and set aside and the Writ Petitions are allowed in terms of prayer (b) but only to the extent of the first part thereof, which seeks quashing of the impugned NOC’s. It is made clear that by this order we are not issuing any direction to the Respondents to issue a revised NOC of any particular height as prayed for in the latter part of prayer (b). Respondent No. 2 will consider the applications for grant of NOC afresh in accordance with the provisions of the 2015 Rules and issue its NOC strictly in accordance with law within a period of four weeks from the date of pronouncement of this Judgment. This is of course, if in the meanwhile, the draft 2018 Rules or any other form of legislation has not been brought into force. If it has, then the grant of NOC will be governed by the new legislation. Case pleaded by Petitioners: Three Writ Petitions that were heard together arise from very similar facts and raise identical issues and are therefore being disposed of by a common order and judgment. Facts: Petitioner, Kalpataru Ltd. Is developing three plots all of which are at Village Kole Kalyan, Santacruz, East. The frst plot, in respect of which the Petitioner is also the owner, is CTS No. 4100 (“Plot No. 1”); the second plot is sub-divided Plot No. A of CTS No. 4106 and 4108 (“Plot No. 2”); and the third plot is sub-divided Plot No. B of CTS No. 4106 and CTS No. 7632 (“Plot No. 3”). Plot Nos. 1, 2 and 3 (hereinafter referred to as the “said Plots”) are at a distance of 2548 meters (Plot No.1), 2439.44 meters (Plot No. 2) and […]
Read moreBanning of 59 Apps by India Law in India and UN Resolutions
29th June,2020 at 8.49 PM Meity released a Press Note banning 59 Chinese App. There was a resounding effect of the said decision internationally.Most of the Countries have supported said ban. https://pib.gov.in/PressReleseDetailm.aspx?PRID=1635206 Now let us see what if the same is challenged in court of Law. Let us see first provisions of Indian Laws Information and Technology Act,2000 is inter-alia concerned law. Section 2 provides for various definitions. Section 2(a) defines term Access with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network; Section 69A of the said Act empowers Central Government to block public access of any information it provides as under: 69A. Power to issue directions for blocking for public access of any information through any computer resource.–(1) Where the Central Government or any of its officers specially authorised by it in this behalf is satisfied that it is necessary or expedient so to do, in the interest of sovereignty and integrity of India, defense of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the Government or intermediary to block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource. (2) The procedure and safeguards subject to which such blocking for access by the public may be carried out, shall be such as may be prescribed. (3) The intermediary who fails to comply with the direction issued under sub-section (1) shall be punished with an imprisonment for a term which may extend to seven years and also be liable to fine. 69B. Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security.–(1) The Central Government may, to enhance cyber security and for identification, analysis and prevention of intrusion or spread of computer contaminant in the country, by notification in the Official Gazette, authorise any agency of the Government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource. (2) The intermediary or any person in-charge or the computer resource shall, when called upon by the agency which has been authorised under sub-section (1), provide technical assistance and extend all facilities to such agency to enable online access or to secure and provide online access to the computer resource generating, transmitting, receiving or storing such traffic data or information. (3) The procedure and safeguards for monitoring and collecting traffic data or information, shall be such as may be prescribed. (4) Any intermediary who intentionally or knowingly contravenes the provisions of sub-section (2) shall be punished with an imprisonment for a term which any extend to three years and shall also be liable to fine. Explanation.–For the purposes of this section,– (i) ―computer contaminant shall have the […]
Read moreIs Sky the Limit or its Limited Sky ? Right to Privacy and Drones
Let us see first what is Drone? In ancient times pigeons were used as flying objects for transmitting data from person to person. They were trained to locate the person. Similarly monkeys were also messenger for transmitting data but there was nothing more than transmitting messages. In 4th and 5th Century great Poet Kālidāsa created his own genre of poetry with Meghadūta (The Cloud Messenger), the story of a Yaksha trying to send a message to his lover through a cloud. Kalidasa set this poem to the mandākrāntā meter, which is known for its lyrical sweetness. It is one of Kalidasa’s most popular poems and numerous commentaries on the work have been written. In todays time we have advance version of Drone that is Unmanned Vehicle. An unmanned aerial vehicle (UAV) (or un-crewed aerial vehicle, commonly known as a drone) is an aircraft without a human pilot on board and a type of unmanned vehicle. UAVs are a component of an unmanned aircraft system (UAS); which include a UAV, a ground-based controller, and a system of communications between the two. The flight of UAVs may operate with various degrees of autonomy: either under remote control by a human operator or autonomously by onboard computers. Categories of Drone and its uses UAVs were originally used for missions too “dull, dirty or dangerous” for humans. While they originated mostly in military applications, their use is rapidly expanding to commercial, scientific, recreational, agricultural, and other applications, such as policing and surveillance, product deliveries, aerial photography, infrastructure inspections, smuggling, and drone racing. Civilian UAVs now vastly outnumber military UAVs, with estimates of over a million sold by 2015. It can also be used for terror and spying. A UAV is defined as a “powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, can fly autonomously or be piloted remotely, can be expendable or recoverable, and can carry a lethal or nonlethal payload”, missiles are not considered UAVs because the vehicle itself is a weapon that is not reused, though it is also un-crewed and in some cases remotely guided. That being said, UAV is a term that is commonly applied to military use cases UAVs typically fall into one of six functional categories (although multi-role airframe platforms are becoming more prevalent): Target and decoy – providing ground and aerial gunnery a target that simulates an enemy aircraft or missile Reconnaissance – providing battlefield intelligence Combat – providing attack capability for high-risk missions Logistics – delivering cargo Research and development – improve UAV technologies Civil and commercial UAVs – agriculture, aerial photography, data collection Classifications according to aircraft weight are quite simpler: Micro air vehicle (MAV) – the smallest UAVs that can weigh less than 1g Miniature UAV (also called SUAS) – approximately less than 25 kg Heavier UAVs First we will study two important Judgments of Supreme Court touching the subject of Right to Privacy and provisions of open sky to fly unmanned vehicles in India. Flying unmanned vehicles has many uses but it has many disadvantage. It can be utilized for terror purpose and it can also used for surveillance. In India till recently […]
Read moreCOVID 19 AND VIRTUAL COURTS PROS AND CONS
What is real court room. In a court room you enter. Many senior counsels there and other lawyers. Big bag of papers and Judgments, all interns and juniors listen to arguments and cross examination of witness. Judge is recording evidence defense lawyer says My Lord real witness is entering court room and everyone look at the entrance of court room. This we have seen in Hindi Films. Drama, suspense and action. New generation must see Mamta movie where Court room set up is shown. If you want to see how Jury functions, than you must see Nanavati Murder case of Akshay Kumar. But this was prior to covid19. We are now on virtual courts and post covid consequences. We are heading toward virtual courts. Like e-market, e-schools the Judiciary is taking new avatar Justice on line. Many firms are now advising online and even Mediation carried out online. But in India in May 2017 then CJI Justice Kehar inaugurated Integrated Management System to go Apex Court paperless. An Integrated Management System (IMS) integrates all of an organization’s systems and processes into one complete framework, enabling an organization to work as a single unit with unified objectives. Covid a pandemic has changed life. Whether its temporary or long tenure time will say but in the current scenario facility is provided for Litigants to file the plaint electronically through e-Filing and also pay the Court Fees or Fine online through https://vcourts.gov.in Litigant can view the status of the case also online through various channels created for service delivery. However for adjudication purpose the Litigant may have to appear in person or through the Lawyer in the Court. Virtual Court is a concept aimed at eliminating presence of litigant or lawyer in the court and adjudication of the case online. Due to lock down, Apex Court started Virtual Courts and hearings are conducted orders are also passed. Advantage of Virtual Courts are : Less of paper work and environment friendly; Witness in Dubai , London via video conferencing can depose ; It saves travelling time; Litigant of Bangalore need not travel to Mumbai or Delhi and can remain present via video conferencing ; Cost effective; Electronic documents have changed the world; Social media has changed traditional working of lawyer; Company Courts in Bombay High Court had started digital filing in 2012-2013; Economic and easy to appear and remain present poor litigants will suffer Examples of virtual hearing Best example of virtual hearing first of its kind was of Kasab 26/11 terror accused in Bombay High Court. In an Arbitration matter I have done examination of witness in Dubai in an Arbitration matter as he was unable to come. It saved his 3 working days and cross examination was over in one day. So, time and cost of accommodation and traveling was saved. Disadvantages of Virtual Courts: Its against principles of Trial in open court is undoubtedly essential for the healthy, objective, and fair administration of justice. One of the fundamental principles of natural justice, ‘Open Court’ is found in the Constitution of India under Article 145(4); Section 327 of the Code of Criminal […]
Read moreCan Society insist on Succession Certificate for Transfer and Sale of a Flat and Share Certificate attached thereto?
Is it mandatory for the daughters of Hindu deceased died intestate to obtain Succession Certificate? Ans: Negative The said nomination was registered by the Society. The said Member died leaving behind 4 daughters as the only heirs and legal representatives. The daughters after the demise of the said member being their mother jointly applied to the Society to enter their names as members. As per the directions of the Society, the heirs and legal representatives invited adverse claim by giving Public Notice and Advocate issued a legal opinion for transfer of flat to the nominees and opined that since there is no adverse claim on the shares, the same can be transmitted and transferred to the legal heirs of the deceased. In the meantime, subject to opinion the Society transferred the said Share Certificate. The nominees also executed Indemnity cum Declaration Bond to the Society. Hence, all the legal formalities for transfer of the said Share Certificate in the name of the nominee was complied in accordance with law. Thereafter, as the daughters became regular members of the Society they gave notice to the Society for sale of the said Share Certificate giving first preference of purchase to the current existing members. One of the existing members agreed to purchase the said flat. However, the Society insisted on obtaining Succession Certificate. The question now arise is whether in absence of Will of a Hindu deceased is it mandatory for Hindu daughters to obtain Letters of Administration or Succession Certificate. 212. Right to intestate’s property. – (1) No right to any part of the property of a person who has died intestate can be established in any Court of Justice, unless letters of administration have first been granted by a Court of competent jurisdiction. (2) This section shall not apply in the case of the intestacy of a Hindu, Muhammadan, Buddhist, Sikh, Jaina, [Indian Christian or Parsi]” We now explain the said provision with the assistance of various judgments of the Hon’ble Court of India. In Adarsh Rattan and others Vs State Bank of India reported in 1987(2) ALL IBLJ 363. Quoting the said provisions of law, the Punjab and Haryana High Court relying upon the Judgment in Ashutosh Ghosh Vs Pratapchandra Banerjee reported in (1937) ILR 1 Cal. 433 recorded in paragraph No.14 that the Estate of the Hindu deceased could not be given to his heir without obtaining Letters of Administration. That was the case in which a Hindu had purchased a policy of insurance there was a specific term therein that the person or persons to whom the sums assured are payable are his executors, administrators or assigns. The heirs were neither administrators nor the executors nor the assigns. In this context the Calcutta High Court ruled that there was no jurisdiction for reading the work “Administrator” in the policies as including those who are relieved of the necessity of taking out Letters of Administration by reason of provision of Section 212. In paragraph No.16 of the said Judgment, His Lordship directed to furnish Indemnity Bond and observed that “one does not have to coin unnecessary reasons for […]
Read moreCan You Transfer Property on basis of Power of Attorney?
Let us understand what id Power of Attorney ( POA) ? The term POA is defined in the Power of Attorney Act,1882 and it says Definition.—In this Act, “Power-of-Attorney” includes any instruments empowering a specified person to act for and in the name of the person executing it. 1A. Definition.—In this Act, “Power-of-Attorney” includes any instruments empowering a specified person to act for and in the name of the person executing it. It means that definition is inclusive and any document which empowers to act on behalf of executor is POA. It attracts Stamp Duty and in certain cases if property is transferred by virtue of POA, than Stamp Duty is attracted as on Deed of Conveyance. Scope of Power of Attorney A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. The power of attorney is creation of an agency whereby the grantor authorizes the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him (see section 1A and section 2 of the Powers of Attorney Act, 1882). It is revocable or terminable at any time unless it is made irrevocable in a manner known to law. Even an irrevocable attorney does not have the effect of transferring title to the grantee. In State of Rajasthan v. Basant Nehata – 2005 (12) SCC 77, Court held: A grant of power of attorney is essentially governed by Chapter X of the Contract Act. By reason of a deed of power of attorney, an agent is formally appointed to act for the principal in one transaction or a series of transactions or to manage the affairs of the principal generally conferring necessary authority upon another person. A deed of power of attorney is executed by the principal in favour of the agent. The agent derives a right to use his name and all acts, deeds and things done by him and subject to the limitations contained in the said deed, the same shall be read as if done by the donor. A power of attorney is, as is well known, a document of convenience. Execution of a power of attorney in terms of the provisions of the Contract Act as also the Powers-of-Attorney Act is valid. A power of attorney, we have noticed hereinbefore, is executed by the donor so as to enable the donee to act on his behalf. Except in cases where power of attorney is coupled with interest, it is revocable. The donee in exercise of his power under such power of attorney only acts in place of the donor subject of course to the powers granted to him by reason thereof. He cannot use the power of attorney for his own benefit. He acts in a fiduciary capacity. Any act of infidelity or breach of trust is a matter between the donor and the donee.- An attorney holder may however execute a deed of conveyance in exercise of the power granted under the power of attorney and convey title on […]
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