Power of Attorney ( PoA) Archives - Lawwatch : Legal Resources for Advocates

Power of Attorney Holder Cannot Depose for the Principal for Acts done by the Principal.

By K Rajasekharan 16 August 2026Power of Attorney ( PoA)No Comments

In Janki Vashdeo Bhojwani and Another v. Indusind Bank Ltd. and Others [AIR 2005 SC 439], the Supreme Court held that a Power of Attorney holder cannot depose for the principal in respect of acts done by the principal and not by him. He cannot depose in respect of matters of which the principal alone has personal knowledge, and in respect of which the principal is entitled to be cross-examined.

Power of Attorney Holder’s Role in Family Court Cases

By K Rajasekharan 15 August 2025Family, Marriage & Divorce, Power of Attorney ( PoA)

An individual involved in a Family Court matter may authorise another person to act as their agent through a Power of Attorney (POA). This instrument empowers the designated agent, or 'holder', to represent the principal's interests and perform specified acts. The legal framework governing this representation is robust, though subject to certain judicial safeguards and inherent limitations, particularly within the sensitive context of family law.

Power of Attorney for Transfer of Immoveable Property Needs Registration in Kerala

By K Rajasekharan 30 July 2025Power of Attorney ( PoA)

As per Section 17 (g) of the Registration Act, 1908, a Power of Attorney, which creates any power or right of management, administration, development, transfer or any other transaction relating to immovable property of the value of one hundred rupees and upwards requires compulsory registration.

Power of Attorney Holder cannot Depose for Principal

By K Rajasekharan 27 April 2025Power of Attorney ( PoA)

A Power of Attorney Holder cannot depose for principal in respect of matters of which only principal can have personal knowledge and in respect of which the principal is liable to be cross-examined, says the Supreme Court (SC) in Janki Vashdeo Bhojwani & Anr. v Indusind Bank Ltd. & Ors [AIR 2005 SC 439]. The SC reaffirms the above dictum in Rajesh Kumar v Anand Kumar [2024 INSC 426].

Holder of Power of Attorney can file Cheque Case

By K Rajasekharan 5 February 2025Negotiable Instruments Act, Power of Attorney ( PoA)

The power of attorney holder is competent to file a complaint under Section 138 of the NI Act, even if knowledge is not stated in the complaint but is affirmed in the affidavit, says the High Court of Kerala (KCK) in G. Komalan, S/o. Late Gangadharan v Thomas Alexander, S/o. Eapen Thomas, (Represented by His Power Of Attorney Holder Sanil Thomas, S/o. Thomas) [2024 KER 95315].

Power of Attorney Holder can Depose What he Directly Knows

By K Rajasekharan 13 April 2024Power of Attorney ( PoA)

A Power of Attorney holder can depose only about the facts within his personal knowledge, but not about those facts which he himself does not know directly, or the person whom he represents alone knows, says the Supreme court (SC) in Manisha Mahendra Gala v Shalini Bhagwan Avatramani [2024 INSC 293].

PoA to Relatives requires no Registration in Kerala

By K Rajasekharan 22 December 2021Power of Attorney ( PoA), Property & Succession

The Section 17 (1)(g) of the Registration Act 1908 added by a state amendment by Kerala stipulates that registration is required for a power of Attorney (PoA) meant for transaction of immoveable property except by those executed by some specified close relatives as stated below.

Power of Attorney & Its legal Provisions

By K Rajasekharan 9 June 2021Power of Attorney ( PoA), Property & Succession

A Power of Attorney (PoA) is a legal instrument signed or executed by a person who, by this instrument, empowers another person to act for or perform something on his behalf. The person gives authority is called as the donor or principal, the person so authorised is called donee or agent. The legal authority given by the principal to the agent may be broad or limited. The agent can legally do what he is specifically authorised to do by the instrument in clear terms. The power of attorney should be clear and understandable. There may be possibility of giving ‘Power Of Attorney’ by two or more persons jointly to one or more persons.