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P. Sunil alias Sunil Prakash – Appellant
Versus
Government of Tamil Nadu, Rep. by its Secretary – Respondent
JUDGMENT :
Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of certiorari to call for the records culminating in Circular No. 4798/Aa1/2021, dated 17.11.2021 issued by the respondents and quash the same.
1. By the writ petition, a challenge is made to the circular dated 17.11.2021 issued by the Registration Department, by which it is provided that a general power of attorney has to be revoked by the principal by execution of a revocation deed and the Sub-Registrar should not insist that the principal should intimate the agent regarding the revocation of the general power of attorney through telegram/letter.
2. Learned counsel for the petitioner submitted that the part of the circular denying an intimation to the agent about the revocation of the general power of attorney offends Section 202 of the Contract Act. Thus, the circular deserves to be struck down, as denial of such information to the agent would tantamount to violation of the elementary principles of natural justice.
3. Learned counsel for the petitioner placing reliance on the following judgments submitted that the law propounded by the Apex Court and this Court requires an information
A General Power of Attorney can be revoked unless coupled with interest, and unilateral cancellation by the principal is permissible if the agency lacks such interest.
Powers-of-attorney can be revoked either expressly or impliedly, and subsequent appointments are valid if prior holders have knowledge of the changes.
An agent cannot represent a principal after the revocation of the Power of Attorney, and must prove authority to act on behalf of the principal.
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....
The central legal point established in the judgment is that the termination of an agent's authority must be communicated to the agent and third parties to affect the validity of transactions, as per ....
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