JAGADEESH GOVIND (ADVOCATE) 11 April 2008

Power of attorney

Sir,

Mr.X is entered a Power Of Attorney with Mr.Y and there is some claims araised againt Mr.Y while performing the actions of POAgreement.Then whether Mr.X or Mr.Y is liable for it? POA in simple meaning is a authorisation.If Mr.X argue that the said act by Mr.Y done without his knowledge is sufficient to defend Mr.X?

Pl advise

Could any one help me to get some case laws in the above matter.

Thanking You.

Jagan

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5 Replies

GOPI KRISHNA (ADVOCATE) 11 April 2008

first you should know what powers Mr Y enjoys from Mr X on account of POA, Mr Y can act on those powers and not beyond that

Jithendra.H.J (Lawyer) 12 April 2008

more details needed to answer this query, if the y has acted on behalf of the X, if the act is not specified act, sure, x can defend

Dhrumil (CS Professtion) 12 April 2008

Basically Agreement of POA is relationship between agent and Principal, so i suggest to see Provisions of Contract Act in detail

Prakash Yedhula (Lawyer) 16 April 2008

If Y is the agent the he cannot go beyond the authority entrusted under the POA. If Y commits some illegal activities with the aid of the POA, then X cannot be penalised for the same

gagandeepsingh.bagga (Practising Lawyer ) 28 April 2008

it all depends upon the clauses of your POA if your clauses are wide enough to allow him for the act then it is permissible if the intertpretation of the clauses are rigid enough then he cannot claim any of its act.