2004 (1) TMI 731

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....ITAVA LALA, J. 1. It appears to this Court that a reversal decree passed by the first Appellate Court reversing the dismissal of the suit is the subject-matter of consideration by the second Appellate Court. Although no points were formulated by the Division Bench of this Court at the time of admission of the appeal but there can not be any embargo in formulating such points at the time of hear....

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....ower-of-attorney will be authenticated or be registered to make a valid piece of document. In the instant case, although all the parties are residence of city of Calcutta (Kolkata), but, I find that power-of-attorney was simply executed in the city of Bombay (Mumbai). There is no plausible reasoning in connection thereto. Therefore, such authenticated document can not be a valid piece of evidence ....

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....erms of Section 16 of the Specific Relief Act. The first Appellate Court, unfortunately held that this can not be the solitary ground for refusing to grant relief in respect of specific performance of the contract. I have no semblance of doubt that such reasoning is not only wrong but also uncalled for. Therefore, I have no hesitation in my mind that the second appeal has been proceeded before thi....