Frequently Asked Questions

The C.P.C. stands Code of Civil Procedure, 1908, which regulates and codifies the procedure to be followed by the Judiciary in dealing with cases of a civil nature.

When these terms "executed" or "execution" are used with respect to any document or instrument, it means "signed" or "signature".

A "Power of Attorney", as per the Maharashtra Stamp Act, includes any instruments (not chargeable with a 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 and includes an instrument by which a person, not being a person who is a legal practitioner, is authorised to appear on behalf of any party in any proceedings before any Court, Tribunal or Authority.

As per Halsbury, Vol. III P. 322 (3rd Ed.), a "Power of Attorney" is a delegation of authority in writing one person is empowered to do an act in the name of another.

A "Power of Attorney" may be general or special. A general power of attorney covers more than one subject matter while a special power of attorney relates to a specific subject matter, though it may contain several incidental powers relating to the same subject matter. The test to decide whether a power is general or special is as to what is the subject matter in respect of which the power is given and if it is restricted to one specific matter it is a special power of attorney, otherwise, it is general. Western India Theatres v. Ishwarbai, 60 Bom.L.R. 1288 : AIR 1959 Bom. 386.