Section 208 : When termination of agent’s authority takes effect as to agent, and as to third person
2015 SCMR 615 SUPREME-COURT
Raja MUHAMMAD ARSHAD VS Raja RABNAWAZ
Ss. 201 & 208—Civil Procedure Code (V of 1908). S. 12(2)—Punjab Pre-emption Act (IX of 1991), S. 13—Registered power-of-attorney, cancellation of—Scope—Cancellation neither registered nor on a stamp paper—Effect of such cancellation with regard to third parties—Pre-emptor/appellant had filed a suit for pre-emption against the vendee—Suit was dismissed by Trial Court—Pre-emptor filed an appeal before appellate court, during pendency of which agent/attorney of vendee recorded his statement in Appellate Court to the effect that both parties had entered into a compromise—Appellate court decreed the suit for pre-emption on basis of such compromise—Subsequently vendee filed an application under S. 12(2), C.P.C. contending that the compromise was invalid because he had cancelled his attorney’s power-of-attorney before he made the compromising statement before Appellate Court—Validity—Vendee did not deny that a registered power-of-attorney was indeed executed by him in favour of his attorney/agent—Cancellation of power-of-attorney was neither registered nor was it on stamp paper, in fact such cancellation was on a plain piece of paper—Pre-emptor was a third person who had no notice of the cancellation of the power-of-attorney by the vendee—Pre-emptor could not be burdened with any notice of any cancellation of the power-of-attorney—Appeal filed by vendee was dismissed accordingly.
2009 MLD 774 LAHORE-HIGH-COURT-LAHORE
ALLAH DITTA SHAHEEN VS KHALID SHAFIQ
S.12—Contract Act (IX of 1872), S.208—Specific performance of agreement to sell—Transfer by attorney—Defendants raised the plea that there was no express power given by owner of land to attorney to enter into agreement to sell—Validity—Power of attorney was couched in a manner which left no manner of doubt as to the purpose for which attorney was appointed i.e. obtaining alternate land and then to alienate the same—Earnest money was received by owner of land himself through receipt duly exhibited and otherwise power to receive consideration was given expressly to attorney and it included part of consideration—Plaintiff admitted that owner of land was personally known to him and that his son was his class fellow—Both of them lived in the same village and sale having taken place after institution of the suit, plea of absence, of knowledge was of no avail—Judgments and decrees passed by both the Courts below were set aside and suit filed by plaintiff was decreed—Second appeal was allowed accordingly.
2005 SCMR 1315 SUPREME-COURT
RAZA MUNIR VS Mst. SARDAR BIBI
—-Ss. 203, 206, 207 & 208—Registration Act (XVI of 1908), S.18—Constitution of Pakistan (1973), Art.185(3)—Registered power of attorney, cancellation of—Supreme Court granted leave to appeal to consider question, whether authority of attorney co
2005 SCMR 1315 SUPREME-COURT
RAZA MUNIR VS Mst. SARDAR BIBI
—Ss. 186, 203, 206, 207 & 208—Registration Act (XVI of 1908), S.18—Cancellation of registered power of attorney by principal not by a registered deed, but by issuing notice to attorney and proclamation in newspaper—Sale of principal’s property by
2005 CLD 1142 LAHORE-HIGH-COURT-LAHORE
Malik MUHMAMAD AZAM VS AL BARKA ISLAMIC BANK B.S.C. (EC) A BANKING COMPANY SHAHRAH-E-AIWAN-E-TIJARAT, LAHORE, through Chief Manager
—-Ss. 9 & 10—-Contract Act (IX of 1872), S. 208—Suit for recovery of loan amount—Application for leave to defend suit—Termination of agent’s authority-Bank claimed that defendant had executed mortgage deed through his general attorney—Defendan
2004 CLD 373 LAHORE-HIGH-COURT-LAHORE
Lt.-Gen. (Retd.) SHAH RAFI ALAM VS LAHORE RACE CLUB
—-Ss.161, 6 & 31—Contract Act (IX of 1872), Chap. X [Ss.182 to 238]—Proxies, nature of—Right to vote by proxy–Scope–Proxies are agents of shareholders and are governed by law of Agency—Vote on a poll can be given either personally or by proxy-
2004 CLC 1531 LAHORE-HIGH-COURT-LAHORE
ASGHAR ALI VS WAQAR-UZ-ZAMAN and others
—-S. 208—Meaning and purport of 5.208, Contract Act, 1872.—When termination of agent’s authority takes effect as to against, principal and as to third person—Scope—On account of the death of the principal when the property in his estate immediat
1986 PLD 234 KARACHI-HIGH-COURT-SINDH
WORLD WIDE TRADING CO. LTD. VS SANYO ELECTRIC TRADING CO. LTD.
Ss. 182 to 238-Agency-Creation of-Agency with interest -Termination of such agency how and when possible-Memorandum of agreement-Interpretation.Section 182, Contract Act, 1872 defines an agent as a person employed to do any act for another or to represent another in dealing with third persons. Section 186 provides that the authority of an agent may be express or implied. Section 189 authorises an gent, in emergency, to do all such acts as are for the purpose of protecting his principal from loss. Sections 201 to 210 deal with revocation of authority. An agency is terminable by the principal revoking his authority, or by the agent renouncing the business of the agency, and 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 express contract, be terminated to the prejudice of such interest. Where there is an express or implied contract that the agency should be continued for any period of time; the principal must make a compe
1985 PLD 21 KARACHI-HIGH-COURT-SINDH
MACKINNON KACKENZIE & CO VS SECRETATY TO THE GOVT. OF PAKISTAN MINISTRY OF LABOUR MANPOWER AND OVERSEAS PAKISTANIS
Ss. 182 to 238-Law relating to legal relationship between agent and principal discussed. Halsbury’s Law of England, 3rd Edn., para. 351, p. 146 of Vol. 1, quoted.E. A. Nomain for Appellant.