INDIANEBOOKS.TK

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Ganesh trademark on beedi pouches is okay, rules HC

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Law Firm in Chennai, India




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Credit Card Guide | Credit Card Default solutions: Credit Card Default Settlement - Step by Step Guide


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Here is how you have to deal with it. When you have queries on credit card defaults and delayed payments which has taken the payment obligation of the banker to few Lakh rupees.

Talk to the bank who issued the card and tell them you would like to settle off in good faith and ask for concession and negotiate hard, yes put all your negotiation skills to work here.

Once you both settle on some amount these are the steps you MUST and Should follow. It is better to negotiate with the bank itself rather than the collection agent because Bank Pays to the Collection Agent commission as high as 15% of the recovered amount and he will haress you until you pay it to the bank because the agent is awaiting his comission.


§ Get a letter from the bank in which they mention "Final Settlement of Outstanding dues" with your complete name, address and credit card number on which you have defaulted.

§ Make your payment by CROSSED CHEQUE only

§ As soon as the payment is done, close this credit card account by giving writing instructions saying w.r.t Final Settlement, I have cleared all the dues and want this account to be closed. [Keep a proof of closing this account, say banker stamps on the second copy of the lettr or send it by registeredA.D]

Preserve all this documentation for the next 5 years, atleast.
Chances are the your name will be in the CIBIL defaulters list, give time of 6 months before you apply for another loan so that the bank clears your name off defaulters list.
§ Work and Plan your finances well before you opt for any other form of credit - card, personal Loan, auto loan etc

§ Next time when you apply for any kind of credit, if your name is still in the defaulters list, then you have every right to know on which account you have defaulted. If this is the same as the credit card account on which you have defaulted, then all those documents of Final Settlement, crossed Cheque payment will come in handy here. Attach attested photocopies and try to get your name cleared off the defaulters list. Don't submit the originals you have.

§ And finally you have to live with this painful process.




If Settlement Amount is as Large as Rs 300,000 [3 Lakh] ? Hire a lawyer because the deal is big and in any case save all the documentation.

Source: http://creditcard-infoguide.blogspot.com/2009/02/credit-default-settlement-step-by-step.html
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Legal Point


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Even if the husband stay in foreign country, women can file for divorce anywhere

In a crucial ruling that is sure to cheer up women fighting divorce cases with husbands residing in a foreign country, the Madras high court has said that the family court in India had jurisdiction to try matrimonial litigation even if the husband is a citizen of a foreign country and not an ordinary resident of India.
A division bench comprising Justice Elipe Dharma Rao and Justice KK Sasidharan pointed out that the amended Section 19 of the Hindu Marriage Act extended to outside India. "The fact that the husband is residing outside the territory does not prevent the wife from applying before the local designated court to redress her grievances," the bench said.
The judges were passing orders on a case involving film actor R Sukanya and her husband R Sridharan, who is an American citizen. The two got married in April 2002 as per Hindu rites and custom at the Balaji Temple in New Jersey in the US. After nearly a year she returned to India, started to act in films, and also filed a divorce petition in 2004. As her husband did not attend the proceedings, the family court granted her divorce ex parte.
On representation from her husband Sridharan, later the family court reversed its order. He also filed a petition in the high court to restrain the family court from hearing the case on the ground that the court in India had no jurisdiction to take up the matter involving American citizens.
Dismissing his claims, the judges said that when the marriage was solemnised under the Hindu law, the proceedings for divorce also has to be made under the same Act. Referring to the amended Section 19 of the Act, the judges said that with effect from December 23, 2003, the wife is now entitled to file a matrimonial petition before a district court in whose territorial jurisdiction she is residing.
The judges rejected Sridharan's claims of domicile, and said, "when the marriage was solemnised under the Hindu law, the proceedings for divorce has also to be made under the said Act. He cannot take any exception to the proceedings in India under the provisions of the Hindu Marriage Act merely on account of his US citizenship or domicile."
Explaining the rationale behind the amendment, the judges said the original section was causing serious prejudice to women as it was not possible for them to initiate proceedings before the court in whose jurisdiction they are residing. "Because of the rigid provision, women were compelled to approach the court in whose jurisdiction the marriage was solemnised or the husband resides or the parties to the marriage last resided together. The jurisdiction clause as it stood originally was really unfair to women," the judges said and directed the family court to go ahead with the hearing of the actor's case and conclude it within two months.

Source:-
http://timesofindia.indiatimes.com/city/chennai/Women-can-file-for-divorce-anywhere/articleshow/6160833.cms
For any Querry:- legalbuddy@gmail.com
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Blonde Justice: How to Prepare For Trial: Step One




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How to Prepare For Trial: Step One
I suppose, to do it right, this will have to be a multi-post topic, spread over the next few weeks or months as it fits into my schedule of actual trial preparation.

Just a disclaimer: This is not the only way to prepare a trial, nor do I believe it's necessarily the best way. It just happens to be the way I was taught, and what seems to work for me.

Today's lesson is "Step One: Create an outline of the trial."

If you're the type of person who likes to type things out in a neat, organized outline, following actual outlining formatting (you know, I. then 1. then a. or whatever), fantastic, type it in Word or whatever you'd like

I like to write it on a blank piece of a paper. For some reason, I think that the more it looks like a flow chart with circles and arrows, etc., the more it's going to work. As if the level of activity on the page indicates the level of activity in my defense.

Either way, what you're doing is giving yourself an idea of what to expect in the trial.

A basic outline might look like this:

Pre-trial motions
Jury Selection
Opening Arguments
Prosecution Case
Defense Case
Closing Arguments
Jury Instructions


Then I go back through and just start brainstorming different ideas and filling them in under their respective headings. I think through all of the possible Prosecution Witnesses and list them under prosecution case, and all of the possible Defense Witnesses and list them under the defense case.

Next, I might fill in some ideas of questions, themes, or points I want to make with each witness. I'm not trying to write my whole direct examination or cross examination into the outline, but I'm asking myself, "What is my point in standing up and asking this witness a question? What do I want to get out of him or her?" and trying to fill that answer into the outline. I might also put some thought into any evidence I might want to introduce, and which witness I would introduce it through.

Invariably, during this process, I'll think of other things I need to do, whether they're investigation or research related. I'll just jot them in a box along the right margin. Again, the more doodling that gets done in my outline, the better.

Usually, by the time I'm beginning to prepare the trial, I've completed my investigation (although there is sometimes still more I can do) and I've sometimes put some thought into what my defense or theme is going to be. I might jot this under opening argument or closing argument, or both.

Finally, I might type my outline, if, for example, (1) I just need to feel a little more organized and my free-form outline has gotten out of hand, or (2) I want to give it to a colleague who will be working on the case with me, or (3) I want to give it to my client.

I think it's worthwhile to give a copy of the outline to my client as early in the trial prep process as possible - especially for the uninitiated client who doesn't have a clear sense of how the trial works, and even more so for a client who is in jail which may limit your time to talk and prepare the trial together. I find that, in the future, it redirects our conversations from "I didn't do it, I'm not taking a plea, I want to go to trial" to "Let's actually talk about the trial, here's what I think our major theme should be, here's what kind of jurors we're looking for, here's who I think the witnesses will be... " and so forth.

Just to give you a basic idea, I'll write up a quick outline from a trial training I did a while back. This is just off the top of my head, so it'll be a little rough. I've started with the most basic outline as above, and then I've filled it in a bit more with a few hypothetical ideas. The case involves a basic bank robbery. Again, this is hypothetical, and I'm not really prepping a bank robbery right now, so cut me some slack if you think I've missed something.


1. Pre-trial motions.
a. Preclusion of defendant's statement
b. Preclusion of "enhanced" video surveillance

2. Jury Selection
a. Eliminate customers of this bank
b. Eliminate jurors with security jobs?

3. Opening Arguments
a. Teller didn't get a good look
b. Bank video grainy
c. Defendant's "confession" coerced - hours of interrogation (mention only if statement not precluded.)
d. Defendant's home searched - money not found.

4. Prosecution Case
a. Teller (introduce diagram of bank if prosecutor doesn't)
b. Bank Manager
c. Police Officer at scene
d. Detective who takes defendant's statement

5. Defense Case
a. Defendant ???
b. Alibi witness
c. Character witness

6. Closing Arguments
a. Teller didn't get a good look
b. Statement was coerced
c. Defendant denies
d. Defendant was at the movies with his girlfriend
e. Money not found (Prosecution's burden to present evidence)

7. Jury Instructions
a. Basic jury instructions
b. Special jury instruction: Alibi Defense (if alibi witness used)

During the course of sketching out the outline, I might thoughts of things I still need to do, such as "Call character witness - set up appointment." "Go back to bank - distance from teller to door?" The longer this list becomes, the more work I have cut out for me, obviously.

That's all for today, class. We'll pick this up from here the next time I feel like writing about trial prep instead of actually doing it.

Source: http://blondejustice.blogspot.com/2008/12/how-to-prepare-for-trial-step-one.html
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Australian Trademark Tribunal Order

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Landmark Case: Ram Jethmalani vs Subramaniam Swamy on 3 January, 2006

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Guide to the law colleges in India






National Law School of India
Nagarbhavi, Bangalore - 560 072, India
Telephone: +91 80 2321 3160, 2316 0532/533/535
Fax: +91 80 23160534
Email: registrar@nls.ac.in

Website: www.nls.nic.in



The Government Law College, Mumbai

‘A’ Road, Churchgate

Mumbai 400020, Maharashtra, India

Telephone: +91 22 22041707

Fax: +91 22 2285 1315

Email: webmaster@glc.edu

Website: www.glc.edu



NALSAR University of Law, Hyderabad
City Office : 3-4-761, Barkatpura, Hyderabad 500 027
Phone : 040 – 27567955 / 27567960
Campus : Justice city, Shameerpet
Ph : 08418 – 245417 / 244461 / 245160
Fax : 08418 – 245161 / 245174
E-mail : admissions@nalsarlawuniv.org
Website: www.nalsarlawuniv.org



Symbiosis Law College, Pune
Senapati Bapat Road ,
Pune Maharashtra - 411004
Phone: 91 - 20 - 565 5114, 565 1495
Fax: 91 - 20 - 565 17 11
Email: symlawplacement@vsnl.net
Website: www.symlaw.ac.in



ILS Law College,
Law College Road, Pune - 411004.
Phone: 91-20-25678678, 25656775
E-mail: ilslaw@vsnl.com
Website: www.ilslaw.edu



Faculty of Law, BHU, Banaras
Varanasi -221005 Uttar Pradesh
Phone No :-91 - 0542 – 316558
Website: www.bhu.ac.in



Faculty of Law, DU, Delhi
Chhatra Marg (North Campus)
University of Delhi
Delhi-110 007.
Phone:27667483 Fax:27667483
E-Mail: lawfaculty@vsnl.net.in
Website: www.du.ac.in



Faculty of law, Chandigarh University
Sector 14, Chandigarh 160014
Phone: Ph: 541945, 541716
Website: http://www.puchd.ac.in



Amity Law School
M-44, Amity Campus, Saket, New Delhi-110017
Ph: 6569204,6529207, Fax : 6569198
E-Mail : alssaket@rediffmail.com
Website :http://www.amity.edu



The West Bengal National University Of Juridical Sciences
NUJS Bhavan
12, LB-Block, Sector-III
Salt Lake, Kolkata - 700 098
Phone: 033 - 2335 7379 / 0765 / 0500 / 053
Fax: 033 - 2335 7422
Website: http://www.nujs.edu

Email: nujs@cal3.vsnl.net.in



National Law Institute University, Bhopal
Kerwa Dam Road, Bhopal (M.P)
Pin- 462044,
Phone- 0755-2696717
Tele Fax-0755-2696965,
E-Mail nliu@sancharnet.in

Website: http://www.nliu.com



National Law University, Jodhpur
NH-65, Nagour Road, Mandore,
Jodhpur - 342304
Rajasthan
Phone: 0291 - 2577530, 5121594
Fax: 0291-257 7540
Website: http://www.nlujodhpur.ac.in

Email: nlu-jod@raj.nic.in





Hidayatullah National Law University , Raipur
HNLU Bhawan,
Civil Lines, Raipur (C.G.),
Chhattisgarh - 492001
Phone: 0771 - 408 0114, 408 0117
Fax: 0771 - 408 0118
Website: http://www.hnlu.ac.in

Email: registrar@hnlu.ac.in





Faculty of Law, Aligarh Muslim University,
Aligarh Muslim University,
Aligarh – 202 002
Uttar Pradesh
Phone: 0571 - 270 2457
Website: http://www.amu.ac.in/dept/law.htm





Gujarat National Law University, Gandhinagar
Old NIFT Building,
E-4 GIDC, Electronics Estate,
Gandhinagar - 382 028,
Gujarat
Phone: 079 - 232 43296, 232 43308,
Fax: 232 43317
Website: http://www.gnlu.ac.in/
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Banks are not student friendly




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If you still feel the education sector is insulated from recession, apply for a bank loan! Banks have taken a tough stand in the wake of the recession that has reduced placement rates at even the best institutions. In fact a public sector bank recently announced that it would give an amount equal to government fees for a professional course. The irony is that a major chunk of students depend on private or self-financing institutions for professional courses where the fees are much higher!
“We are following RBI regulations as far as providing education loans are concerned and no new rules have been implemented,” said a Relationship Manager attached to the State Bank of Travancore (SBT).

Public sector banks were more flexible in providing education loans before the recession. But most banks have now realised that many students, who have loans and have completed the course for which they got the money, are yet to be placed. Of course there was a time when banks vied with each other to dole out education loans. But that was in the pre-recession era.
Today things have changed. “We check the repayment capacity of a student’s parent as we cannot rely solely on the placement chances of the student,” added the SBT official. “During this period of recession, no course can guarantee a job. At present banks give up to Rs. 4 lakh without security but anything more than that could warrant security being asked for. However even for a loan of up to four lakhs the co-obligation of parents is required. So there is nothing new in checking a parent's repayment ability,” said a Senior Manager of the Punjab National Bank (PNB) — a leading provider of education loans.

Apart from the above, if you are a student looking for a loan, you should know that quite a few banks have stopped granting loans to students who are taking up certain diploma courses. And your chances of getting a loan if the diploma course is offered by a foreign institution are bleak. Banks have also informally admitted that courses like air hostess training, fire fighting, lift technology and retail management don’t enter the loan net. “Diploma courses should be full time and should be job-oriented, otherwise we can’t provide loans,” admitted the Manager of PNB.

Your loan guide * Make sure that the institution or course is recognised * Check the institution’s credibility with the bank. You will get a placement record from other students who have taken a loan from the bank * Try to find a part-time job and save that income to repay the loan after the course * Start repaying the loan as soon as you get your first salary. * If you are not able to repay due to the lack of placement, disclose this to the bank and request for an extension of your repayment period. * Try to pay the interest even in an extreme situation
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Buying a Flat. Know the following facts.


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What is the difference between built up area, super built up area, and carpet area?

Carpet Area: This is the area of the apartment/building which does not include the area of the walls.

Built up Area: This includes the area of the walls also.

Super Built up Area: This includes the built up area along with the area under common spaces such as the lobby, lifts, stairs, etc. This term is therefore only applicable in the case of multi-dwelling units.

What documents need to be verified before purchase of a Flat?

Before you purchase a flat, you have to have a title and document search conducted by a competent advocate. You cannot do it yourself. You have to use the services of a competent advocate. It is a professional job to be done with professional assistance.

What important documents should one check for before buying any property?

If you want to purchase a property, you have to look at the approved layout plan, approved building plan, ownership documents, carryout search, etc. Contact an advocate before you purchase a property so that he can advise you.

Who is liable to pay Stamp Duty, the buyer or the seller?

The liability of paying stamp duty is that of the buyer unless there is an agreement to the contrary.

What is meant by the market value of the property and Whether Stamp Duty is payable on the market value of the property or on consideration as stated in the agreement?

Market value means the price at which a property could be bought in the open market on the date of execution of such instrument. The Stamp Duty is payable on the agreement value of the property or the market value which ever is higher.
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Power of Attorney Facts

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What is a Power of Attorney?
A power of attorney is an instrument empowering a specified person to act for and in the name of the person executing it.

Power of Attorney as an Agency:
A power of attorney is a delegation of authority in writing by which one person is empowered to do an act in the name of the other. The person who acts on behalf of another person (the principal) by his authority, express or implied, is called an agent and the relation between him and his principal is called agency.

Termination of a Power of Attorney:
A power of attorney can be terminated or cancelled by the principal by revoking his authority or by the power of attorney holder renouncing his authority. An agency (the authorised person to act as a POA) can be terminated by the principal (the executor) by revoking his authority or by the agent renouncing his authority, unless such revocation is prohibited under S. 202 of the Contract Act.

S. 201 of the Contract Act also states that an agency terminates, inter alia, by death of principal or agent.

Legal complications arising out of Power of Attorney.
Whether a power of attorney can be irrevocable in nature, and/or
whether an irrevocable power of attorney granted would terminate on death of a donor ?
When does a power of attorney become irrevocable?

(a) Legal provisions : (1) The Power of Attorney Act does not state when a power of attorney is irrevocable. However, in various commercial transactions, a donor gives an irrevocable power of attorney, on contractual basis, to secure the interest of the donee of the power.

(2) Under S. 4 of the (English) Powers of Attorney Act, 1971 a power of attorney is irrevocable if it is expressed to be so and is given to secure : (i) a proprietary interest of the donee of the power; or (ii) the performance of an obligation owed to the donee. Then, so long as the donee has the interest or the obligation remaining undischarged, the power cannot be revoked by the donor without the consent of the donee, or by death, incapacity, insolvency, winding up or dissolution of the donor.

(3) Illustration : In a typical Mumbai scenario, where redevelopment of property is common, A, being the owner of a piece of land over which he resides, gives B, a developer, an irrevocable power of attorney to develop such land and ultimately transfer the same in favour of a Society or Condominium or such Association of Persons. Such a power of attorney is given for a valuable consideration. In the event A dies whilst the property is in the process of being redeveloped, such an irrevocable power of attorney granted by A to B cannot be revoked or terminated and B is entitled to complete such redevelopment.

(4) Where a power of attorney is given for a valuable consideration and expressed to be irrevocable, or is given to secure a proprietary interest of the donee of the power, or the performance of an obligation owed to the donee, then, so long as the donee has that interest, or the obligation remains undischarged, the power is irrevocable.

(b) Authority coupled with interest : (1) S. 202 of the Contract Act lays down the rule that ‘authority coupled with interest is irrevocable’. (2) S. 202 of the Contract Act states that "where the agent has himself an interest in the property which forms the subject matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest."

Illustrations :
(a) A gives authority to B to sell A’s land, and to pay himself out of the proceeds, the debts due to him from A. A cannot revoke this authority, nor can it be terminated by his insanity or death.

(b) A consigns 1,000 bales of cotton to B, who has made advances to him on such cotton, and desires B to sell the cotton, and to repay himself out of the price the amount of his own advances. A cannot revoke this authority, nor can it be terminated by his insanity or death.

(4) In the aforesaid illustrations, authority is given for the purpose of being a security for a debt, therefore it is irrevocable.

(5) Where the authority of an agent is given by deed, or for valuable consideration, for the purpose of effectuating any security, or of protecting or securing any interest of the agent, it is irrevocable during the subsistence of such security or interest. (6) To make the authority irrevocable, the agent must have an interest in the property which forms the subject matter of the agency. Where the agent has himself an interest in the property which forms the subject matter of the agency, the agency cannot, in the absence of any express contract, be terminated to the prejudice of such interest.

(7) The mere fact that a power is declared in the instrument granting it to be irrevocable, does not make it irrevocable.

(8) The exceptional case dealt with here is that in which the authority or power is coupled with an interest in the thing on which power is to be exercised.

(9) Instead of the words ‘authority coupled with an interest’ used in the English and American systems of law, the Section contains the words ‘the agent has himself an interest in the subject mater of the agency.’ Under the English law, what is meant by an authority coupled with an interest is this — that where an agreement is entered into on a sufficient consideration, whereby an authority is given for the purpose of securing some benefit to the donee of the authority, such an authority is irrevocable. [Clerk v. Laurie, 2 H & N 199]. (10) In Prahlad v. T. F. Kumari, AIR 1956 Pat 233 where, under a document drawn in the form of a power of attorney, a lady agreed that the debts raised by X for her should be realised out of the collections of a particular estate and the effect of the document though not described as one of agency was to create an agency in favour of X, it was held that the agency was one coupled with an interest and therefore irrevocable and in substance amounted to an allocation of the funds to be appropriated towards the repayment of the debts.

(11) Similarly, when an agent is employed to enter into any contract, or do any other lawful act involving personal liability, or is expressly or impliedly authorised to discharge such liability on behalf of the principal, the authority becomes irrevocable as soon as the liability is incurred by the agent [Read v. Anderson, (1884) 13 QBD 779], and where an agent is authorised to pay money on behalf of his principal to a third person, the authority becomes irrevocable as soon as the agent enters into a contract, or otherwise becomes bound to pay or hold such money to or to the use of such person [Robertson v. Fauntleroy, (1823) 8 Moore 10].

(12) So, where a principal and agent agree for valuable consideration or under a seal that the agent is to have authority, for example, to collect rents in order to secure a loan [Spooner v. Sandilands, (1848) I Y & C. Ch. 390], or to sell certain land and to discharge a debt owed to him by the principal out of the purchase money [Gaussen v. Morton, (1830) IO B & C 731], the principal thereby confers an interest on the agent, and the agency cannot be revoked unilaterally.

(13) As decided in Pestanji Mancharji Wadia v. Matchett, (1870) 7 BHC AC 10, where an agent is authorised to recover a sum of money due from a third party to the principal, and to pay himself out of the amount so recovered the debts due to him from the principal, the agent has an interest in the subject matter of the agency, and the authority cannot be revoked.

(14) Illustration : A owes B a certain sum of money. A authorises B to recover from C, the rent which C owes A, and to pay himself (B) out of the rent recovered, the debts due to him from A. Such an authority cannot be revoked by A, because such authority confers an interest on B.

(15) So also a vendor promoter of a company, who is to be paid a commission out of the money raised by the issue of shares, has a clear and direct interest in raising the capital. An underwriter who promises to buy a certain number of shares from the promoter and authorises him to make the necessary application, cannot revoke the authority, this being an authority coupled with interest. [Carmichael’s case (1896) 2 Ch. 643]

(16) "If a borrower, in consideration of a loan, authorises the lender to receive the rents of Blackacres by way of security, the authority remains irrevocable until repayment of the loan in full has been effected. This doctrine applies only where the authority is created in order to protect the interest of the agent; it does not extend to a case where the authority is given for some other reason and the interest of the agent arises later." [Cheshire on the Law of Contracts, 6th Ed.]

(17) Illustration : A (lender) has given B (borrower) a certain loan. As a security for repayment of the loan, B authorises A to receive all the rent which B is entitled to — arising out of a certain property owned by B — until such loan is repayed by B to A. Such an authority created to protect the interest of A, is irrevocable.

(18) Further, the principle applies only to cases where authority is given for the purpose of being a security or a part of the security, and not to cases where the interest of the donee arises afterwards and incidentally. In such cases there is no authority coupled with an interest; but an independent authority, and an interest subsequently arising [Garapati Venkanna v. Mallupudi Atchuta-ramanna, AIR 1938 Mad. 542].

(19) However, it is pertinent to note that mere right to remuneration or commission does not constitute an agency coupled with interest.

(20) For example, the agents for the sale of cloth who are entitled to keep for themselves any excess over rates that they might secure from purchases have no interest in the property to be sold or in the sale proceeds thereof, so as to attract S. 202 of the Contract Act [Dalchand v. Seth Hazarimal, AIR 1932 Nag. 34].

(21) In another Bombay case, it was held that the mere fact that the salary of an agent collecting rents was to be paid out of the collections, did not create an interest sufficient to make the authority irrevocable [Vishnucharya v. Ramachandra, ILR 3 Bom. 253].

(22) For instance, as held in Lakshmichand Ramchand v. Chotooram Motiram, (1900) 24 Bom. 403, the interest which the agent has in effecting a sale and the prospect of remuneration to arise therefrom, do not constitute such an interest as would prevent the termination of the agency.

(23) If any such interest were to be created for the benefit of the agent, it should be contem-poraneously provided for in the instrument of agency itself and should not only be express but also be explicit. It should not give any room for doubt, nor could it be a matter of interpretation. An agency to be irrevocable should therefore create in the agent an interest in the subject matter contemporaneously with the document wherein such agency is created and it cannot be left to chance or guess or inference.

(24) In Corporation Bank v. Lalitha H Holla, AIR 1994 Kant. 133, held : the fact whether the power of attorney is given for securing the interest of the agent, can be ascertained from the facts de hors the express terms of the contract.

(25) In Kondayya Chetti v. Narasimhulu Chetti, (1986) 20 Mad. 97, held : The interest of the agent in the subject matter of the agency may be inferred from the language of the document creating the agency, and from the course of the dealings between the parties, it need not be expressly given. It is the existence of the interest and not the mode in which it is given, that is of importance.

(26) In Mariyakutty v. Chalandian Bank Ltd., AIR 1957 TC 174, the hypothecation deed showed that the shares and the right to the dividends on the same were all charged for the amount borrowed. It was further stipulated that as long as the debt was in existence, the pledgee was authorised to receive directly from the bank any dividend declared and appropriate the same towards interest. It was held that these words clearly created an agency in favour of the pledgee in view of the hypothecation deed which clearly authorised the pledgee to represent the owner of shares with regard to receipt of dividends from the bank, and that the agency created was one contemplated in S. 202, and could not be determined at the instance of the principal alone. IV. Whether an irrevocable power of attorney would terminate on death of donor ? (a) Indian Law : (1) The Supreme Court of India, in the case of Seth Loon Karan Sethiya v. Ivan E. John, AIR 1969 SC 73, held : where the agent has himself an interest in the property which forms the subject matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest. It is settled law that where the agency is created for valuable consideration and authority is given to effectuate a security or to secure interest of the agent, the authority cannot be revoked. (b) English Law : (1) According to S. 4(1) of the (English) Powers of Attorney Act, 1971 a power of attorney is irrevocable if it is expressed to be so and is given to secure : (i) a proprietary interest of the donee of the power; or (ii) the performance of an obligation owed to the donee. Then, so long as the donee has the interest or the obligation remaining undischarged, the power cannot be revoked by the donor without the consent of the donee, or by death, incapacity, insolvency, winding up or dissolution of the donor. (2) According to S. 126 of the (English) Law of Property Act, 1925 (15 & 16 Geo. V, c.20) Powers of attorney, which are given for a valuable consideration and which are stated in the instrument creating them to be irrevocable, cannot be revoked at any time either by any thing done by the donor of the power without the concurrence of the donee, or by the death, disability, or bankruptcy of the donor of the power. Any purported revocation will be ineffective both as regards the donee and a purchaser for value. (3) Adopting the classical statement of the rule given by Wilde, C.J. in Smart v. Sandars, (1848) 5 CB 895, 917, Bowstead on the Law of Agency, 14th Edition, page 423, states as follows : "(i) Where the authority of an agent is given by deed or for valuable consideration, for the purpose of effectuating any security, or of protecting or securing any interest of the agent, it is irrevocable during the subsistence of such security or interest. But it is not irrevocable merely because the agent has an interest in the exercise of it or has a special property in, or lien for advances upon, the subject matter of it, the authority not being given expressly for the purpose of securing such interest or advances : (ii) Where a power of attorney whenever created is expressed to be irrevocable and is given to secure a proprietary interest of the donee of the power, or the performance of an obligation owed to the donee, then, so long as the donee has that interest, or the obligation remains undischarged, the power is irrevocable; (iii) Authority expressed by this article to be irrevocable is not determined by the death, insanity or bankruptcy of the principal, nor . . . where the principal is an incorporated company, by its winding or dissolution, and cannot be revoked by the principal without the consent of the agent." V. Conclusion : What emerges from the above is that an irrevocable power of attorney creating an agency, wherein the agent (the donee) has an interest in the property and which forms the subject matter of such agency created for valuable consideration, the agency cannot be terminated to the prejudice of such interest, unless there is an express contract to the contrary. It can, therefore, be inferred that an irrevocable power of attorney granted in relation to a subject matter in which the donee has an interest, cannot be revoked by the donor, nor can it be terminated by the death, unsoundness of mind or insolvency of the donor to prejudice such interest created by the donor in favour of the donee.
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