Common Law

What is Power of Attorney [PoA] :  Power of Attorney is an written instrument executed by a person, authorizing the person named therein, to do some specified acts on behalf of the executor, such acts which otherwise could be done by executor only. The person who gives the power / authority is called the “Donor” or “Principal” and to whom the power is given is called the “Donee” or the “Attorney”. The said Attorney acts as an agent of the Principal. Power of Attorney is a very important instrument, which facilitates in the running and conducting of businesses, prosecuting and representing legal cases in the Court of law and also making due representations before various statutory authorities, including tax and revenue authorities. It is also a very important medium in effecting the transfers of immovable properties. PoA ordinarily are of two types: General and Special. A General PoA authorizes the Attorney to act on behalf of his Principal in all matters of a particul...

Stare decisis and Precedent value of a Judgment Stare decisis is a Latin phrase which means “to stand by decided cases”. Stare decisis embodies an important social policy of certainty and continuity. The Apex court emphasized upon the need for courts to follow the principles of stare decisis. The Apex court in the case of Govt of AP versus A P Jaiswal observed – consistency is the cornerstone in the administration of justice. The doctrine of binding precedent has the merit of promoting certainty and consistency in judicial decisions and enables organic development of law, besides providing assurance to the individuals as to the consequence of transaction forming part of his daily affairs. (2001) 1 SCC 748. The practice of following precedents enables citizens to plan their conduct in the expectation that past decisions will be honoured in the future. The clearest pronouncement of the Supreme Court on the subject of precedent is the Bengal immunity case wherein it unanimously ...

This Blog has originated in the backdrop of ensuing dispute between the Managing Committee of a Coop Hsg Society and one of my client and letter recorded by me to the said Managing Committee. It may be beneficial to read this Blog, so as to effectively deal with all the fanciful behaviour of Managing Committee of Coop Hsg Societies. Date: ………….. To, Shri …………., Hon. Secretary …………. Apartment Co-operative Housing Society Limited, ……………………………, Mumbai – ……………... Reference Society letter dated …………….. Subject Transfer of Shares and interest of the deceased member ………………… , in the name of Mr…………., the legal heir of the said deceased Member of the Society. Schedule of property Share Certificate No…, distinctive Nos……….., …………. Apartment, A-Wing, Flat No……, ….. floor, …………. Road, ……………, Mumbai – …………. Dear Sir, I am writing to you under authority and instructions & information received from my client Mr………….., permanently residing at Apartment, Mumbai – , one o...