Capt. Harcharanjit Singh Thind vs Deeksha Thind

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT - BENCH AT GOA
N.A. BRITTO, J
Capt. Harcharanjit Singh Thind – Appellant
Versus
Deeksha Thind – Respondent

Advocates:
For the Appellants/Petitioners:Mr. S.K. Kakodkar, Senior Advocate with Mr. Rama Rivenkar
For the Respondents:Mr. A.D. Bhobe, Advocate for Respondent No.1
Mr. Guru Shirodkar, Addl. Govt. Advocate for Respondents No. 2 to 5

Table of Content
1. facts surrounding the power of attorney and the transaction. (Para 2 , 4 , 6)
2. arguments about compliance with the authority given in the power of attorney. (Para 7 , 8 , 9 , 13 , 17)
3. court's assessment of the legal principles governing power of attorney. (Para 11 , 12 , 14 , 15 , 16)
4. final ruling on the appeal, emphasizing clean hands and the implications of suppression. (Para 18)

ORAL JUDGMENT :

Admit. By consent, heard forthwith.

2. This appeal is directed against order dated 9/11/2006 by which the application for temporary injunction, filed by the plaintiff has been dismissed.

3. Some facts are required to be stated to dispose of the present appeal.

4. The appellant is the plaintiff in C.S. No. 47/2006 and shall be referred to as plaintiff, hereinafter. The plaintiff and defendant no.1 (defendant, for short) were divorced by a decree dated 20/06/1998. The plaintiff executed a power of attorney in favour of the defendant on 13/09/2005, but revoked the same by a notice published on 12/10/2005, and again revalidated the same by another notice dated 10/12/2005.

5. The said power of attorney, had amongst others, the following clauses:

“9. To negotiate, agree to sell

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BOMBAY HIGH COURT - BENCH AT GOAN.A. BRITTO, JCapt. Harcharanjit Singh Thind – AppellantVersusDeeksha Thind – Respondent

BOMBAY HIGH COURT - BENCH AT GOA
N.A. BRITTO, J
Capt. Harcharanjit Singh Thind – Appellant
Versus
Deeksha Thind – Respondent