Distinguish between the following: Power of Attorney and Letter of Authority
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2018
Distinguish between the following: Power of Attorney and Letter of Authority
Answer & Explanation:
Power of Attorney According to Section 2(21) of the Indian Stamp Act, 1899, "Power of Attorney" includes any instrument (not chargeable with fee under the law relating to Court fees for the time being in force) empowering a specified person to act for and in the name of the person executing it". It is governed by the provisions of the Power of Attorney Act, 1882. The law pertaining to powers of attorney are based on the principles of agency as contained in the Contract Act, 1872. A power of attorney can either be general or specific. Letter of Authority A letter of authority is nothing but a power of attorney. They are executed on plain paper and not on stamp paper. Usually, these are issued for collection of some documents, papers, dividend, interest etc, by one person on behalf of another. By and large, the law relating to power of attorney will also apply to the letters of authority.
Topics: Agency
Related Questions in this Topic
- Draft a deed of assignment of the business debts with assumed data.
- Draft a plaint in a suit for demolition of construction made by the defendant on the plaintiff's vacant land. The plaint...
- Draft a petition for anticipatory bail under section 438 of Code of Criminal Procedure, 1973 with assumed data.
- Draft a notice to determine a continuing guarantee under section 130 of the Indian Contract Act, 1872 with assumed data.
- Distinguish between Oral application and Written application.