Lesson: Legal Way To Know The Power of attorney in Pakistan by Companies

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Lesson Objective

The power of attorney in Pakistan should indeed be strictly construed. But in the case of power of attorney in Pakistan conferring specific and general powers, ejusdem generis construction may not be applicable if it will be repugnant to the subject or context.

Lesson Plan

Power of attorney in Pakistan by Companies:

Nazia Law Associates at Lahore provides its expertise regarding power of attorney in Pakistan. A partner should be deemed to have an implied authority to appoint an agent and to execute a power of attorney in Pakistan on behalf of the firm to do such activities for the business of the firm.  A company may, by writing under its common seal, empower any person either generally or in respect of any specified matters, as its attorney, to execute deeds on its behalf and every deed signed by such attorney, on behalf of the company, and under his seal, where sealing is required, shall bind the company and have the same effect as if it were under its common seal.  The Articles of Association of every company incorporated under the Companies Ordinance must provide for the appointment of Directors of the company who manage the business of the company and exercise all such powers of the company as are not by the Companies Ordinance, 1984, or by the said Articles, required to be exercised by the company in a general meeting.  The power of attorney in Pakistan is to be kept by the attorney. An attorney is, in a sense, trustee for his principal. By its very nature, an agency is personal, neither transferable and depends entirely on the agreement made with the principal. He cannot lawfully employ another to perform an act which he has expressly or impliedly undertaken to perform personally, unless by the ordinary custom of trade a sub-agent may, or, from the nature of the agency, a sub-agent must be employed. Nor can a power of attorney in Pakistan make a profit out of his duties, except with the consent of the principal. 

Construction of Specific and General Powers or Ejusdem Generics Construction:

The power of attorney in Pakistan should indeed be strictly construed. But in the case of power of attorney in Pakistan conferring specific and general powers, ejusdem generis construction may not be applicable if it will be repugnant to the subject or context.  In the power of attorney executed in favor of the manager of a Joint Hindu Family, owing to extensive business including sugar factory, by the other members, before specifying the purposes for which the manager might sell the joint family property, in Clauses (1) to (4), it was stated among other purposes, that you as the head of our joint family has to meet and act.' Clause (4) was very wide in and its terms conferred full discretion on the manager to make alienations of the property for any other purpose', the only restriction being that he could not make any alienation for his private interest. In the last Para, the general powers were reiterated by saying. In the management generally of any family affairs, you are empowered without any resistance to using your full discretion in all transactions. The Manager alienated a portion of the family property to run the joint family sugar factory.  In the case of it was held that Ramamani v. Kasinath:-- given the words conferring general powers used in the power of attorney in Pakistan the principle of ejusdem generis construction would not apply to the clause and the words must be given their natural dictionary meaning;  The alienation was within the power conferred on the managing member. Institution of the suit by an attorney on behalf of principal competency: Person holding power of attorney in Pakistan authorizing him to make appearances, applications and do acts on behalf of principal would be recognized agent of such party. Such a person could validly institute a suit and appoint counsel for the conduct of the case. 

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