Lesson: Requirements of Power of Attorney Under Act of 1882 of Pakistan
Requirements of Power of Attorney act 1882 of Pakistan:
Nazia Law Associates is an expert of the law book power of attorney act 1882 of Pakistan. That no charge was created or assignment made in favor of the Bank concerning the bill or bills and that there was, therefore no legal obligation on the part of the Military authorities or the Government to pay up the sum covered by the bill again to the bank simply because it held a power of attorney. Execution of Requirements: Sections 2 & 4 of the power of attorney act 1882 of Pakistan provided that power of attorney had to be created by an instrument---Article 95 of Qanun-e-Shahadat, 1984, required the Courts to presume every document purporting to be a power of attorney which was executed before and authenticated by a Notary Public or any Court or representative of the Federal Government. Power of attorney according to the power of attorney act 1882 of Pakistan had to be a written document.
Shape of written documents Under the Power of Attorney:
Unless the power of attorney in the shape of the written document was filed before the Court, neither any assumption of its existence could be made nor would the Court make any presumption as required under Art. 95 of Qanun-e-Shahadat-1984. Power of attorney--A document required to be attested. Power of attorney according to the power of attorney act 1882 of Pakistan is a document that creates financial liability as such is to be attested by at least two witnesses and proved by the evidence of attested witnesses and the scribe as required by Qanun-e-Shahadat, 1984.
Power of attorney as defined in sub-section (21) of S. 2 of the Stamp Act, 1899 includes any instrument empowering a specified person to act for and in the name of the person executing it. A power-of-attorney may be connoted to be a written authorization by which the principal appoints another person as his agent and confers upon him the authority to perform specified acts on behalf of the principal.
Main Purpose of Our Attorney:
The primary purpose of an instrument of this nature is to evidence the authority of the agent to third parties with whom the agents deal according to the power of attorney act 1882 of Pakistan. The rule is now well-established is held to confer only those powers which are specified therein. A power-of-attorney is held to confer only those powers which are specified in the power of attorney act 1882 of Pakistan and the agent may neither go beyond nor deviate from the terms of this instrument. True, it is always deemed expedient to uphold even an unauthorized action of authority in suit or proceedings when it is so ratified by the principal. But it is subject to two conditions; one, that there existed already a lawfully executed power of attorney in favor of the agent, and two, that any acts of transgression from the authorized acts specified in the power of attorney are ratified by the principal subsequently in unequivocal terms of manner. In other words, the ratification must be such as to warrant a clear inference that the principal has adopted the unauthorized acts of the agent; then and then alone can such acts without authority be deemed as lawful acts of attorney instead of the principal. According to the power of attorney act 1882 of Pakistan, it does not confer any express powers on the attorney to make their principal liable as sureties the authority to bind a principal by the contract of suretyship must be express, particularly when the principal is proposed to be liable for loans advanced to a third party.
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