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Authority letter for court case

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Authority letter for court case
February 08, 2019 1st Anniversary Wishes 1 comment

Authorization Letter. To:Shanghai Foreign Economics Relations & Trade Commission. To:Shanghai Administrative Bureau for Industry & Commerce. I hereby.

BEFORE  HON’BLE HIGH COURT OF DELHI

AT NEW DELHI

                                                                                                             IN THE MATTER OF

                                                                                                              W.P. (C) NO. 1660/2011

                                                                                                           ——————————————-

                                                                                                                                      V/S

                                                                                                             GOVT.OF NCT OF DELHI & ANOTHER

I ______________ of ——————–(company name) do hereby authorize Mr. __________________, on my behalf and on behalf of the company to attend and represent me in the above noted case and as may be necessary or expedient to give statement or any submissions on my behalf in relation to my official capacity.

Mr. _______________ is also authorize to represent the undersigned in any of the legal cases if so required.

For _______________________________

Signature Attested of ________________(Authorized person)

Authorization Letter To: Academic Regulations and Records Office collect, on my . or plaintiff if your only job is to represent him or her in small claims court.

Legal Letters

authority letter for court case

IN THE COURT OF

CENTRAL / STATE INFORMATION COMMISSION


___________________
COMPLAINT / Appeal No. ________________ of 20___

APPELLANT / COMPLAINANT

VERSUS

LETTER OF AUTHORISATION
RESPONDENTS

KNOW ALL to whom these present shall come that I ______________________ the above
named
_______________________________________
do
hereby
appoint
Mr. Surendera M. Bhanot to be my Authorized Representation in the above referred case and
authorized to act, appear and plead in the above-noted case in this Court or in any other Court
in which the same may be heard and also in the appellate Court To sign, file verify and present
pleadings, appeals cross objections or petitions for execution review, revision, withdrawal,
compromise or other petitions or affidavits or other documents as may be deemed necessary
or proper for the examination of the said case in all its stage; to file and take back documents
to admit and/or deny the documents of opposite party; to withdraw or compromise the said
case or submit to arbitration any differences or disputes that may arise touching or in any
manner relating to the said case; to take/initiate execution proceedings; to deposit, draw and
receive money, cheques, cash and compensation receipts thereof; and to do all other acts and
things which may be necessary to be done for the progress and in the course of the
proceedings of the said case. And I the undersigned do hereby agree to ratify and confirm all
acts done by the authorized representative or his substitute in the matter as my/our own acts,
as if done by me/us to all intents and purposes. And I undertake that I or my duly authorized
agent would appear in the Court on all hearings. And I undersigned do hereby agree not to
hold the authorized representative or his substitute responsible for the result of the said case.
To appoint and instruct any other Legal Practioner, authorizing him to exercise the power and
authority hereby conferred upon the Advocate whenever he may think it to do so and to sign
the Power of Attorney on my behalf, and will inform the Advocates for appearance when the
case is called. The adjournment/compensation costs whenever ordered by the Court shall be
of the Authorized Representative which he shall receive and retain himself I will not be entitled
for the refund of the same in any case whatsoever. If the case lasts for more than FIVE
HEARINGS, the Authorized Representative / Advocate shall be entitled for additional fee
equivalent to half of the agreed fee for every addition FIVE HEARINGS or part thereof.
IN WITNESS WHEREOF I/We do hereunto set my /our hand to these presents the contents of
which have been understood by me on this ____________ day of ____________20___.
Accepted
______________
Signature of the
Complainant/Appellant

Surendera M. Bhanot
Authorized Representative

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LawAccess NSW

authority letter for court case

Power of attorney & Letter of authority: Points of distinction

1/6

Power of attorney & Letter of authority

Text: Preeti Kulkarni, ET Bureau
Images: Getty Images

Before Mumbai-based Meenakshi Puri's husband left for the US for a month in August this year, he gave her a letter of authority (LoA) in his name so that she could conduct the necessary bank work. In his absence, Meenakshi visited the bank to collect two things, a cheque book and the purchase agreement of their house from her husband's bank locker.

The bank willingly gave her the cheque book, but refused to hand over the purchase document, saying the LoA was not sufficient. It demanded a power of attorney (PoA) from her husband. Understandably, the Puris were confused about the difference between the two authorising documents. Most people use these interchangeably, but each comes with its own privileges and powers. Here's how to differentiate between the two.

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PoA is a notarised document

An LoA can be used to conduct small tasks. Aakanksha Joshi, associate manager, Economic Laws Practice (ELP), says, "A letter of authority is a document meant for a specific purpose, where one person authorises another to perform a particular act. For instance, it can be used to collect or submit documents on your behalf." However, when bigger transactions need to be carried out, you should opt for a PoA.

Says Ashish Bhakta, partner, Advaya Legal: "A letter of authority can be used for routine work. However, for bigger transactions, it is better to have a power of attorney because it sets out the manner in which the activity is to be performed. An LoA is not an authenticated document, while a PoA is a notarised document and has an additional edge."PoA is revocable/irrevocable. A PoA can be of two types—general and special. "A 'general' power of attorney authorises a person to conduct some tasks on your behalf, such as representation before the Income Tax Department.

The person who appoints another to act on his behalf is known as the donor. For instance, if, say, Anil is unwell and appoints another person, Sushil, to act on his behalf, then Anil is the donor and Sushil is the holder. However, both LoA and PoA do not offer the donor the same power to control activities of the holder. The difference between the two is in terms of the relationship between the entities involved. "A letter of authority usually depicts the relationship of a master and servant, whereas the attorney relation is more like that of a principal and agent.

In the case of the latter, the principal has the right to direct as to what act one is expected to perform, whereas in the case of the former, a master has the right to direct 'what' as well as 'how' the work is to be done," says Bhakta. The tasks that are specified in an LoA are usually carried out under the supervision of the person bestowing the authority and the grantee has to conform to all the reasonable orders in the course of that work, whereas in the case of a PoA, there is a greater scope for independence.

One should be very careful before handing over either document, LoA or PoA, to another person as one can do little to prevent its misuse. This is because these documents, especially the PoA, is accompanied by a ratification clause, which automatically results in vicarious liability. This means that it makes the donor responsible for the acts of the holder. One of the key measures to avoid the misuse of an LoA or PoA is to have clarity. Bhakta says, "You should be very specific in granting the power of attorney for two reasons.

One is that you should know the powers that you are giving the other person, and the second is that the person receiving the PoA should know the scope of his powers." You must make clear the matters on which the holder can represent himself on your behalf. You should specify the duration of the PoA and how it is to be revoked. Says Joshi: "You must also make it clear why you are giving the power of attorney. For example, if you are ill and have asked somebody to act on your behalf regarding property matters, you must state this in the PoA. It is better if you place limitations. Specify when your PoA will stand revoked and under what circumstances the document can be used."

5/6

Cancellation of document

You should cancel the document, be it the LoA or PoA, once the work is complete. You can simply cancel an LoA by issuing a fresh one that states this clearly. "The revocation should be intimated to the people dealing with the person who has the letter of authority. There cannot be an irrevocable letter of authority," says Joshi. However, in the case of a PoA, the procedure is more complex. If it is revocable, the document should mention the circumstances under which it can be revoked.

Even if does not do so, you can revoke it by executing a document, cancelling it. "If the power of attorney was registered, you need a registered deed of cancellation," says Joshi. It will be better if you put up a public notice in a newspaper stating that the PoA has been revoked. However, this procedure is only possible if the PoA is revocable one. An irrevocable PoA should be made after due deliberation and is useful in circumstances when it needs to be operated upon after the death of the granter.

6/6

Holder's responsibility

The holder of the document has a big responsibility. Bhakta says that the holder of an LoA or PoA should be aware of the task at hand as well as the purpose for which it is delegated and should act in conformity with these two parameters in order to avoid trouble.

"The holder of a letter of authority or power of attorney should be careful not to act beyond the authority granted under the document," says Joshi.

The Supreme Court has said that the holder can act beyond his authority only in cases of emergency, and if it is beneficial to the donor.

"In cases other than an emergency, if the holder acts beyond his authority, the aggrieved party, that is, either the donor or another affected party, can file a suit in a court of law," says Bhakta.

RTI - Authorization Letter - Free download as Word Doc .doc /.docx), PDF File authorized to act, appear and plead in the above-noted case in this Court or in.

Authorize Legal Representation

authority letter for court case

A letter of authority works for simple tasks. It can be used for getting routine work done. But when there are big transactions, it is better to get a power of attorney because it sets out the manner in which the activity is to be done. A letter of authority may or may not specify how an activity is to be carried out. A power of attorney is a notarised document and has an additional edge. A letter of authority is not an authenticated document.  A letter of authority is a document under which one person authorises another person to do a particular act. Hence, it is used for very specific purpose . It can be, for instance, used for collecting or submitting documents on your behalf. Experts are unanimous that when large and proper transactions are to be carried out, you should opt for a power of attorney . A power of attorney can be of two types — general and special power of attorney. Your power of attorney would be ‘special’ if the appointment is made for a specified act or acts. and ‘general’ if it is made generally for certain acts, for eg, representation before the income-tax department. Further, your power of attorney could be irrevocable or revocable.

Also, your power of attorney may or may not require registration . A power of attorney dealing with immovable property requires mandatory registration. For eg, a power of attorney accompanied by a development agreement would mandatorily be required to be registered, while the power to operate a bank account may not require registration. Recently, a Supreme Court judgment ruled that general power of attorneys cannot be used for transfer of immovable properties . it was held by SC that General power of attorney have no legal sanctity and immovable property can be sold or transferred only through registered deeds.

Power of donor- The person who appoints another to act on his behalf is known as the donor. For instance, if, say, Anil is unwell and appoints another person, Sushil, to act on his behalf, then Anil is the donor and Sushil is the holder. However, both LoA and PoA do not offer the donor the same power to control activities of the holder. The difference between the two is in terms of the relationship between the entities involved. A letter of authority usually depicts the relationship of a master and servant, whereas the attorney relation is more like that of a principal and agent. In the case of the latter, the principal has the right to direct as to what act one is expected to perform, whereas in the case of the former, a master has the right to direct ‘what’ as well as ‘how’ the work is to be done. The tasks that are specified in an LoA are usually carried out under the supervision of the person bestowing the authority and the grantee has to conform to all the reasonable orders in the course of that work, whereas in the case of a PoA, there is a greater scope for independence.

Precautions – One should be very careful before handing over either document, LoA or PoA, to another person as one can do little to prevent its misuse. This is because these documents, especially the PoA, is accompanied by a ratification clause, which automatically results in vicarious liability. This means that it makes the donor responsible for the acts of the holder. One of the key measures to avoid the misuse of an LoA or PoA is to have clarity. You should be very specific in granting the power of attorney for two reasons. One is that you should know the powers that you are giving the other person, and the second is that the person receiving the PoA should know the scope of his powers. You must make clear the matters on which the holder can represent himself on your behalf.

Revocation of PoA- You should specify the duration of the PoA and how it is to be revoked.  You must also make it clear why you are giving the power of attorney. For example, if you are ill and have asked somebody to act on your behalf regarding property matters, you must state this in the PoA. It is better if you place limitations. Specify when your PoA will stand revoked and under what circumstances the document can be used.

Cancellation of document- You should cancel the document, be it the LoA or PoA, once the work is complete. You can simply cancel an LoA by issuing a fresh one that states this clearly. “The revocation should be intimated to the people dealing with the person who has the letter of authority. There cannot be an irrevocable letter of authority. However, in the case of a PoA, the procedure is more complex. If it is revocable, the document should mention the circumstances under which it can be revoked. Even if does not do so, you can revoke it by executing a document, cancelling it. If the power of attorney was registered, you need a registered deed of cancellation. It will be better if you put up a public notice in a newspaper stating that the PoA has been revoked. However, this procedure is only possible if the PoA is revocable one. An irrevocable PoA should be made after due deliberation and is useful in circumstances when it needs to be operated upon after the death of the granter.

Holder’s responsibility- Holder of an LoA or PoA should be aware of the task at hand as well as the purpose for which it is delegated and should act in conformity with these two parameters in order to avoid trouble. “The holder of a letter of authority or power of attorney should be careful not to act beyond the authority granted under the document.  The Supreme Court has said that the holder can act beyond his authority only in cases of emergency, and if it is beneficial to the donor. in cases other than an emergency, if the holder acts beyond his authority, the aggrieved party, that is, either the donor or another affected party, can file a suit in a court of law.

This is a sample letter to authorize an legal representation and can be used for granting In case of any queries, please contact our office for any clarifications. I am also ready to pay the amount pertaining the fillings and court appearances .

authority letter for court case
Written by Vozil
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