Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 185 (3) -Civil Procedure Code (V of 1908), O. VII, r. II Leave to appeal granted to examine question of court-fee as also effect of treatment of merits of case by High Court.-[Court-fee]. (b) Civil Procedure Code (V of 1908) --- O. VII, r. 11-Deficiency in court-fee-Provision of O. VII, r. 11, C. P. C. apply to appeals-High Court at appellate stage can direct to supply deficiency-Failure of High Court to direct appellant to correct court-fee, held, was an error-Supreme Court could correct such error of High Court and direct appellant to furnish deficiency of court-fee in High Court.-[Court-fee-Appeal (civil)]. Siddique Khan v. Abdul Shakoor Khan P L D 1984 S C 289 ref. (c) Power-of-attorney --- General power-of-attorney-Agency-Alienation/disposal of property - General power-of-attorney on account of description "general" does not mean and include power to alienate/dispose of property of principal-Clear separate clause devoted to said object is must-Courts have to be vigilant particularly when allegation by principal is of fraud and/or misrepresentation-Essential obligations of Agent notwithstanding an authority to alienate principal's property stated-Precautions about power-of-attorneys and conduct of agents when alienating property detailed-Contract Act (X of 1872), S. 215. It is wrong to assume that every "general" Power-of-Attorney on account of the said discription means and includes the power to alienate/ dispose of property of the principal. In order to achieve that object it must contain a clear separate clause devoted to the said object. The draftsman must pay particular attention to such a clause if intended to be included in the Power-of-Attorney with a view to avoid any uncertainty or vogueness. Implied authority to alienate property, would not be readily deduceable from words spoken or written which do not clearly convey the principal's knowledge, intention and consent about the same. The Courts have to be vigilant particularly when the allegation by the principal is of fraud and/or misrepresentation. The second aspect which needs caution on question of validity of acts under a power-of-attorney is that…

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