Kerala High Court rules that spouses cannot file writ petitions on behalf of each other without a power of attorney, clarifying locus standi in property disputes.
NEW DELHI: The Supreme Court of India has ruled that advocates are not required to verify whether a power of attorney (PoA) given to them by a litigant is genuine. This decision was made by a bench comprising Justices AS Oka and Ujjal Bhuyan, who clarified that lawyers should only check the document’s authenticity if they have valid reasons to doubt it.
Today, On 6th January, The Supreme Court has set aside a cheating case against Goa MLA Jit Arolkar. A Bench of Justices A.S. Oka and Ujjal Bhuyan allowed Arolkar’s appeal, reversing the Bombay High Court’s decision, which had refused to dismiss the case. The cheating allegations were earlier filed against Arolkar. With this ruling, the matter stands resolved.
The Supreme Court ruled that a principal’s independent action effectively revokes the Power of Attorney (PoA) if known to both the agent and third parties, as evidenced in a property dispute case between two sisters. The ruling emphasizes clear communication and actions in revocation processes. It resulted in the revocation of the PoA favoring the agent, setting a legal precedent.
