Second power of attorney

Querist : Anonymous (Querist) 10 December 2011 This query is : Resolved
Dear friends whether first POA automatically goes by executing second POA.Could you point out any citation in connection with second POA

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Devajyoti Barman (Expert) 10 December 2011
It has be gathered from the meaning of second POA. The second POA may mean an additional POA.
So what has been stated in the second POA would determine the existence of the first POA.

Raj Kumar Makkad (Expert) 10 December 2011
No. Even if second POA has been executed, first one do not lose its validity unless it is specifically cancelled, first remains in existence.

Shailesh Kr. Shah (Expert) 10 December 2011
Agree with views of both experts.

Deepak Nair (Expert) 10 December 2011
Dear Sir,
The first POA has to be revoked. Just issueing a secong POA for the same purpose does not make the first invalid.

Advocate Bhartesh goyal (Expert) 10 December 2011
I do agree with Mr Makkad.

Raj Kumar Makkad (Expert) 11 December 2011
There is no binding on th Principal to appoint as many as POA as he can.\ and there is no need to revoke earlier before issuing fresh POA.

Querist : Anonymous (Querist) 11 December 2011
In one my cases under 138 NI act first POA filed the complaint. Subsequently second POA has come with a petition that he may be permitted continue the prosecution as first POA has been removed by the company. I objected the petition and argued that second POA will not stand as first POA was not specifically revoked by the principal(Company).Company did not say that it has removed first POA.
Could you show me any citation in support of my argument? .
Section 207 in The Indian Contract Act, 1872
207. Revocation and renunciation may be expressed or implied.- Revocation and renunciation may be expressed or may be implied in the conduct of the principal or agent respectively. Illustration A empowers B to let A' s house. Afterwards A lets it himself. This is an Implied revocation of B' s authority

Advocate. Arunagiri (Expert) 11 December 2011
If the 1st POA is registered, cancellation deed also has to be registered.

Querist : Anonymous (Querist) 11 December 2011
Both POA's are not registered ,executed before the Notary.
I agree with learned friend Makkad.But can any body point out a citation?.

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