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B. R. GAVAI, B. V. NAGARATHNA
P. Seshareddy (D) Rep. By His Lr. Cum Irrevocable Gpa Holder And Assignee Kotamreddy Kodandarami – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. Leave granted.
2. The appeals challenge the judgment and order dated 12.11.2019 passed by the learned Single Judge, High Court of Karnataka, Kalaburagi Bench in W.P.Nos. 201087-88/2018 c/w W.P. No. 201321/2016 (GM-CPC), thereby allowing the writ petition(s) filed by the respondent-State.
3. The facts giving rise to the present appeals arise out of the following narrow compass:
4. One P. Seshareddy S/o P.C. Venkatreddy entered into a contract with State of Karnataka for execution of UKP project. He executed a General Power of Attorney dated 21.10.1982 in favour of one Kotermreddy Kodandarami Reddy authorising him to do all the acts necessary with regard to the execution of the said contract.
5. It appears that certain disputes arose between P. Seshareddy and the respondent-State with regard to the execution of the work, allotted to said P. Seshareddy. As such, he initiated arbitration proceedings by making an application under Section 8 of the Arbitration Act, 1940.
6. The said petition was presented through his General Power of Attorney holder Sri Kotemreddy Kodandarami Reddy.
7. The original contractor, namely, P. Seshareddy, died on 13.11.1995. After his death, his legal hei
The main legal point established in the judgment is that an agent with an interest in the subject matter of the agency, as per Section 202 of the Indian Contract Act, cannot have the agency terminate....
The main legal point established is the interpretation of Section 202 of the Indian Contract Act, 1872, and the principle that an agency with the agent's interest in the subject matter cannot be term....
The survival of a General Power of Attorney after the death of one Principal depends on the intentions of the parties and the specific terms of the power, not automatic termination.
Termination of power on the death of one of Principals is not automatic.
(1) Once legislative intent is clear and law is amended, then earlier position of law cannot be said to prevail post amendment. (2) Nothing in Order XXI Rule 16 of CPC would affect provisions of Sect....
The validity of a power of attorney post-principal's death remains contingent on whether it is coupled with interest, impacting the necessity of parties in litigation.
The central legal point established in the judgment is the requirement of notice prior to the revocation of a power of attorney and the implications of cancellation of the power of attorney, as gover....
Powers-of-attorney can be revoked either expressly or impliedly, and subsequent appointments are valid if prior holders have knowledge of the changes.
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