K. A. Meeran Mohideen VS Sheik Amjad

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

R. SUBRAMANIAN, R. SAKTHIVEL
K. A. Meeran Mohideen – Appellant
Versus
Sheik Amjad – Respondent

Advocates:
Counsel for the Parties:
Amicus Curiae: Mr. Srinath Sridevan, Senior Counsel
For the Respondent Nos.1 and 2: No appearance
For the Respondent Nos.3 and 4: Mr. V. Raghavachari, Senior Counsel for M/s. V. Srimathi

JUDGMENT

R. Subramanian, J.—This appeal is before us on a reference made by a Hon’ble Single Judge of this Court by order dated 24.08.2011, wherein, the Hon’ble Single Judge had referred the following question to be answered by a Larger Bench:

“Whether the General Power of Attorney executed jointly by more than one Principal will survive even after the death of one of the Principals and if so, under what circumstances?”

2. The Hon’ble Judge felt compelled to reserve the question for consideration by a Division Bench since he felt that the law on the point is a little nebulous and it requires a clarification by a Larger Bench of this Court. The statutory provisions which relate to powers of attorney are found in the Indian Contract Act, 1872 and the Powers of Attorney Act, 1882. Chapter X of the Indian Contract Act, 1872, deals with Agency. While Sections 182 to 189 deal with Agency, Sections 190 to 195 deals with Sub-agents. Sections 201 to 210 deal with termination of agency or revocation of authority. One of the circumstances in which the agency gets terminated is when the Principal dies. Section 201 of the Indian Contract Act, 1872, reads as follows:

“201. Termination of age