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Thursday, February 5, 2009

Punishment of life imprisonment for killing his wife

BREIF FACTS OF THE CASE

The deceased wife (x) was married with the accused ( husband ) about six years back. At the time of marriage parents of the deceased wife presented net cash of Rs.30,000/- and other ornaments and celebrated their marriage as per the customs prevailing in their community. Out of their wed -lock they were blessed with one male child. The accused (husband ) addicted to bad vices like drinking and used to return home in late hours and used to beat the deceased to bring additional dowry. For additional dowry the accused (husband ) had been harassing mentally, physically for the last two years and same was unable to tolerated the torture of the husband. The deceased used to inform her parents and others about the cruelty of the accused. On 07-01- 2004 the accused picked up a quarrel and as usual demanded the additional dowry and during such heated arguments the accused grew wild and throttled her throat and committed murder. The accused in order to cause disappearance of evidence and to mislead the case poured kerosene on the body of deceased and set fire. On seeing the flames rising from the house of accused, neighbours rushed to the scene and saw the deceased lying already died in the flames at that time the accused was present in the side room. The complaint filed by the de-facto complainant, the mother of deceased and the S I of police registered the case under section 304 b, 302 of I P C and sent for post mortem examination over the dead body. As per the PME report, opined that the cause of the death is deceased is Cardio Respiratory Arrest due to Asphyxia as a result of homicidal throttling. The accused charged under sections 304 B, 302 and 201 of I P C. The district and sessions court after conducting through enquiry and relied on the medical report and convicted and sentenced to undergo imprisonment for life and to pay Rs 500/- in default to suffer severe imprisonment for period of three months. for the offence under 302 of I P C

Against the said orders a Criminal appeal was filed before the Hon’ble
High court and the same is admitted and pending adjudication of the case.

THE POWERS- OF – ATTORNEY ACT, 1882

THE POWERS- OF – ATTORNEY ACT, 1882
(ACT 7 of 1882)
An Act to amend the law relating to Powers-of-Attorney.
For the purpose of amending the law relating to Powers-of-Attorney. It is hereby enacted as follows:-
1 Short Title :-

This Act may be called the power- of –Attorney Act, 1882.
Local Extent:- It applies to the whole of India2 (except the State of Jammu and Kashmir)
Commencement :- And it shall come into force on the first day of May, 1882.

3 ( 1-A, Definition :-

In this Act, “ Power-of-Attorney:-

The donee of a power-of-attorney may, if he thinks fit, execute or do any (***) instrument or thing in and with his own name and signature, and his own seal, where sealing is required by the authority, by the authority of the donor of the power: and every 4(***) instrument and thing so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and seal, of the donor thereof.

This section applies to powers-of-attorney, created by instruments executed either before or after this Act comes into force.

CASE LAW

Authentication of power of attorney, must be clear, specific and decisive. Magistrate using rubber stamp and putting signature on basis of identification made by advocate on thumb impression on power of attorney. Presumption as to authentication under Sec. 85, of Evidence Act should not be drawn. AIR 1979 Bom.202.

3. Payment by attorney under power, without notice of death, etc., good-

Any person making or doing any payment or act in good faith, in pursuance of a power-of –attorney, shall not be liable in respect of the payment or act by reason that, before the payment or act, the donor of the power had died or become (***) of unsound mind, (***) or insolvent, or had revoked the power, if the fact death, (***) unsoundness of mind (***) insolvency or revocation was not, at the time of the payment or act known to the person making or doing the same.
But this section shall not affect any right against the payee of any person interested in any money so paid: and that person shall have the like remedy against the payee as he would have had against payer, if the payment had not been made by him.




This section applies only to payments and acts made or done after this Act comes into force.

3. Deposit of original instruments, creating powers-of-attorney

(a) An instrument creating a power of attorney, its execution being verified by affidavit, statutory declaration or other sufficient evidence may, with the affidavit or declaration. If any, be deposited in the High Court (or District Court ) within the local limits of whose jurisdiction the instrument may be.

(b) A separate file of instruments so deposited shall be kept : and any person may search that file and inspect every instrument so deposited, and a certified copy there of shall be delivered out to him on request.

(c) A copy of an instrument so deposited may be presented at the office and may be stamped or marked as a certified copy, and. When so stamped or marked, shall become and be a certified copy.

(d) A certified copy of an instrument so deposited shall, without further proof, be sufficient evidence of the contents of the instrument and of the deposit thereof in the High Court (or District Court )

(e) The High Court may. From time to time, make rules for the purposes of this section, and prescribing, with the concurrence of the State Government, the fees to be taken under clauses (a ), (b) and (c) (* * *)

(f) This section applies to instruments creating powers-of-attorney executed either before of after this Act come into force.


5 Power-of-attorney of married women-

A married woman of full age shall, by virtue of this Act, have power, as if she were unmarried, by a non-testamentary instrument, to appoint an attorney on her behalf, for the purpose of executing any non-testamentary instrument or doing any other act which she might her self execute or do: and the provision of this Act, relating to instruments creating power-of-attorney, shall apply thereto.

This section applies only to instruments executed after this Act comes into force.

6. (Act XXVII of 1866, Section 39 repealed by Amending Act, 1891(12 of 1891).section 2 and schedule,
Transfer of Property Act 1882

Section 54-sale – Power –of – Attorney sale- Power – of- Attorney was withdrawn during the period when the holder power executed the sale – legality of sale held power of attorney holder had no legal authority to enter into an agreement for sale when he was not vested with the authority to do so – registration act 1908 section 32 ( C ) Power of Attorney act 1882
section 2.

CONVERSION OF AGRICULTURE LAND INTO COMMERICIAL PURPOSE

Brief facts of the case.
The Petitioner purchased an extent of 5-00 acres of agriculture land for establishment of an engineering collage at Rajahmundry. He submitted an application for conversion of land from agriculture land to commercial purpose by paying requisite fee to the government. The government gave endorsement stating that the subject matter of the land was acquired by the government for the purpose of construction of houses for middle class people under Rajiv Swagruha Scheme. The said endorsement was challenged before the Hon’ble High Court on the ground that non conversion of the land from agriculture to commercial purpose is contrary to Conversion for Non Agriculture Purpose ACT 2006. The court after conducting a detail enquiry and directed the government to consider the application for conversion of land from agriculture to commercial purpose within 8 weeks from date of the receipt of the order.
This case was filed on behalf of the petitioner and got favourable orders.

Non registration of plot in the name of the complainant

Brief facts of the case
The consumer /complainant approached the opposite party to purchase a plot in the estate of the opposite party. The Opposite party allotted plot No 19 admeasuring ( 250square yards ) in the estate. By paying of Rs 27020/- and the OP allotted membership number also, the said amount was paid by the way of cheque. The complainant paid the excess amount of Rs 1750/- and the same with the opposite party. The complainant stating that the OP also asked the complainant to pay development charges of Rs 37500/- at the rate 1000/- PM . if the said charges be paid in lump sum 10% discount given there on. The complainant made several repeated request and demands for registering the said plot in favour of complainant in person and on phone. But the opposite party has not taken any action. Having vexed with the false promises of the opposite party, the complainant husband approached the opposite party in person. . Subsequently the opposite party got issued statement of account addressing to the complainant contrary to the allotment letter that the complainant paid only 33750/- out of 62500/- by leaving the balance of Rs 28750/- towards development charges and Rs 23250/- shall have to pay towards the registration charges of Rs 25000/- after adjusting the earlier excess of amount of Rs 1750/- the complainant shall have to pay 2400/- towards maintenance charges hence complaint. the district forum found that the condition No-8 clearly shows that the complainant paid plot cost and development charges. The OP did not registered the Plot in favour of the complainant after collecting registration charges and other charges so many years. Hence it is clear deficiency in a service on the part of the opposite party not register the Plot in the name of complainant and directed the OP to register the Plot in the name of the complainant and further directed to pay compensation of Rs 5000/- along with the cost of Rs 1000/- to the complainant and no interest was awarded.
This case was filed on behalf of the complainant and got favorable orders.