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Law Relating to Powers of Attorney with Forms and Precedents

Law Relating to Powers of Attorney with Forms and Precedents

  • ₹995.00

Out of Stock
  • Author(s): R. Swaroop
  • Brand: ALD Publications
  • Edition: 5 Ed Rp 2017
  • Approx. Pages 824 + Contents
  • Delivery Time Normally 7-9 working days

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Description
The power of attorney is an important subject not only to the legal profession but also to all those who are concerned with Court affairs handled by the legal profession, company secretaries, registrars, trustees, etc. It is also important to all those who not being directly able or capable of doing or performing something want to act and perform the same through another. The book has, therefore, been designed keeping in mind the utility of the subject to all those as aforesaid. The book has been set out in 10 chapters. FIRST chapter, which is introductory in nature, gives a birds eye-view of the concept, mode of creation, legal consequences and general principles of agency as also legislative history of the Powers of Attorney Act, 1882. SECOND chapter deals with the Powers of Attorney Act, 1882 as amended by Central Act 55 of 1982 {The Power of Attorney (Amendment) Act of 1982} and attempts to analyse the provisions of the Act as also the impact of amendments. Nature, extent and scope of powers and rules and principles of construction are discussed in THIRD chapter. Fourth chapter deals with authority of power-of-attorney holder to represent his principal in court, conduct cases and to make applications etc. To raise a presumption of execution of power-of-attorney under Section 85 of the Evidence Act or to satisfy the test laid down in the section, it is very essential that the document purporting to be a power-of-attorney must state that it was executed before a Notary Public and it must bear authentication by a Notary Public regarding the manner of execution or the persons executing the power of attorney. Chapter FIFTH deals with this aspect and not only Section 85 of the Evidence Act but also relevant provisions of the Notaries Act. 1952 have been referred to and discussed.
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Contents
1.    Introductory
2.    The Powers of Attorney Act, 1882
3.    Nature, Extent and Scope of Power : Rules and Principles of Construction
4.    Authority of Power-of-Attorney Holder to represent his principal in Court
5.    Presumption as to Power-of-Attorney
6.    Registration and Stamp Duty
7.    Termination, Revocation and the Question of Revocability
8.    Appointment of a Pleader and Vakalatnama
9.    Forms and Precedents
10.  Appendices
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