Power of Attorney

Guest (Querist) 12 February 2011 This query is : Resolved
One company filled an Power of Attorney in the court. This power of Attorney has been transferred in the name of an HR officer by the CFO of a company. The Power of Attorney is to hire and fire the employees. The Power of Attorney is made on a Rs. 100 Stamp paper and has been notarised by a Notary. But it does not bears the stamp in which the notary mentions Noted and Registered. There is Registaration Number on the POA,which is usally had written by the Notary when he registers the document in his Notary Register. In these circumstances is this power of Attorney Legally Valid? If No? what action can be taken against the Notary for this mistake?

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Y V Vishweshwar Rao (Expert) 12 February 2011
1- Corporate Bodies/Company can be represented by its Principal Officer /or/ any other officer authorized by the Company ( order 29 C P C)- A Bank Branch Manager is Authorized Officer & also GPA Holder of corporate Body .

2- Execution of the GPA is not in Dispute -

3-There is entry/Registration Number of Notary-but there is no Stamp of Notary on the document- this is mistake / or / clerical mistake/inadvertent mistake /omission / it can be rectified - The Notary can be examined - /or/ the authority which authorized the GPA holder can be examined and prove the execution of the GPA!

Kirti Kar Tripathi (Expert) 13 February 2011
Mr. Y.V.Rao has given a perfect advise.

G. ARAVINTHAN (Expert) 13 February 2011
HR officer is the agent and the company is the principal.. even no power needed

Advocate. Arunagiri (Expert) 13 February 2011
The POA is not at all needed. The company resolution or letter by the Director is enough.

malipeddi jaggarao (Expert) 14 February 2011
I agree with Mr.YVV Rao. To add more not all the Bank Branch Managers are GPA holders of the Bank. Usually, the Board gives this power selectively to senior Officials basing on the need, as he represents the Corporate in all his action as GPA holder.

M V Gupta (Expert) 14 February 2011
I agree with the views of Mr. YVV Rao and Mr. Jaggarao. Any officer of a Company other than the Managing Director requires authority to act on behalf of the Company either by resolution of the Board or POA to bind the company. Generally the Articles of Association vest the MD with such powers.

Guest (Querist) 30 August 2011
One of my friends is an Litigant in Hon'ble Supreme court of India..... In case a an affidavit has been filled by the respondent in response to the SLP. In this affidavit the Respondent has falsely given an some information which is wrong and is amounting to scandalizing the Hon'ble High court. Will this amount to the contempt of the highest court of this Land.

Please advise. Can the respondent be prosecuted U/S 181,182 and 191 of IPC.

In the same case one Affidavit is missing from the files of Hon'ble High court. Can we file a case u/s 201 IPC against the unidentified person...please advise

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