The High Court at Bombay allowed a miscellaneous petition under Article 227 of the Constitution, making it absolute despite the absence of a deposited power of attorney, relying on Section 4 of the Power of Attorneys Act.
Petition declared absolute in terms of prayer clauses (a) and (b).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
MISC. PETITION (L) NO. 293 OF 2008
Arvind Gopal Rajwade ... Petitioner
Mr.S.C.Mangle holding for Swati Sawant for the
petitioner.
CORAM: S.C.DHARMADHIKARI, J.
DATED: 18TH FEBRUARY, 2009
P.C.:
1. Perused the petition and Section 4 of the Power of
Attorneys Act, so also Chapter XLIX of the Bombay High
Court (Original Side) Rules, 1980.
2. Having perused the Power of Attorneys Act, I am
satisfied that it is executed by Mrs.Vijaya Krishnaji
Rajwade at Mumbai. In these circumstances, it could
have been deposited with the Registry of this Court.
3. In the light of the above, petition is made absolute
in terms of prayer clauses (a) and (b).
(S.C.DHARMADHIKARI, J.)
1 issue framed by the court
Whether the petition should be declared absolute despite the power of attorney not being deposited with the court registry.
2 provisions across 2 enactments
Arvind Gopal Rajwade
Mrs. Vijaya Krishnaji Rajwade
S.C. DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court