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thoutam1978   08 October 2021

Special power of attorney

Sorry to post same qurey with correction...Whether attorney has right to refer the suit to lok adalat by an application if the word compromise mentioned in SPA ....SPA is given for civil court only ..if principal think it is not for lok adalat ...can the principal challenge the award on that base and with out giving any notice to principal


Quick Summary
This discussion explores the authority granted by a Special Power of Attorney (SPA), particularly concerning an agent's ability to refer a civil suit to Lok Adalat. It questions whether an SPA mentioning 'compromise' implicitly permits such a referral, even if the principal did not intend for it to apply to Lok Adalat. The thread also touches upon the principal's right to challenge a Lok Adalat award if they believe they were misled or if the SPA's scope was exceeded, highlighting the importance of clear communication and documentation.

 2 Replies

G.L.N. Prasad (Retired employee.)     08 October 2021

The proper course is to obtain a suitable letter from the Principal to put everything straight forward to avoid future complications.  The principal can sign such an application with his own signature to the court.  The POA was as per laid down format, and the principal may not be knowing the future complications and can deny that he was taken ride by his agent through misrepresentation.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 October 2021

A special power of attorney is a legal document outlining the scope of authority given to an agent. Under the special power of attorney, an agent is given the powers to act on behalf of the principal to make specific legal or financial decisions.

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