As Power of Attorney holder practically steps into shoes of the principal, he can perform all acts on his behalf, except right to plead unless permitted by Court

A Power of Attorney is a written contract establishing a relationship between a principal and a special kind of agent, allowing that agent to act on behalf of the principal.

Due to inability as a result of sickness, old age or staying abroad, it becomes necessary for the principal to depend on others for getting his things done. Owing to this reason, Power of Attorney (PoA) is now playing a vital role.

In a suit for perpetual injunction, the plaintiff is seeking permission to allow her husband, her GPA holder to give evidence on her behalf. As she has been suffering from ailments, hence, unable to prosecute the case effectively on her own.

The term ‘act’ would not include deposing in place and instead of the principal. In other words, if PoA holder rendered some acts in pursuance of PoA, he may depose for the principal in respect of such acts, but he cannot depose for the acts done by principal, of which principal alone has personal knowledge. PoA holder can appear, plead and act on behalf of the party but cannot become a witness of the party. He can only appear in his capacity. No one can delegate the power to appear in the witness box on behalf of himself/herself. A general PoA holder cannot be allowed to appear as a witness on behalf of the plaintiff in the capacity of the plaintiff.

Thus, the PoA holder practically steps into the shoes of the principal to perform all the acts on his behalf, except the right to plead, unless permitted by Court and to depose about facts which are in exclusive knowledge of the principal.

Conviction under S. 411 IPC for dishonestly receiving stolen property is invalid when the accused persons are acquitted under S. 379 IPC for theft arising from the same transaction.

AIR 2025 SC 3890 : AIROnline 2025 SC 760 Legal principles "In a criminal prosecution, the initial burden is always on the prosecution to discharge.", "Conviction under Section 411 IPC requires that the property is proved to be stolen property.", "If the prosecution fails to establish

Benefit of maternity leave with allowance to Contractual employee

AIROnline 2022 KER 275 An educational society CPAS is an "establishment" under S. 2(1)(b) of Maternity Benefit Act, 1961, as the term covers any establishment under State law, not only commercial entities. Hence MB Act's applicable to contract employees in establishments like CPAS. Further

Legal Principles Regarding First Appeal S. 96 of Civil P C

AIROnline 2025 MAD 723 "Right of first appeal is a substantive, valuable right and not merely procedural.", "Unless expressly excluded by statute, the right of appeal cannot be limited or taken away by subsequent legislation.", "Appeal is a continuation of the suit.", "Judicial

Read next