Principles of General power of Attorney in Pakistan:
Nazia Law Associates can be contacted for any issues regarding the general power of attorney in Pakistan and special power of attorney. A power in favor of an agent of a company authorized him 'to ask, demand, sue for, recover and receive money, debts, goods, and chattels, etc." to which the company was entitled and authorized him on nonpayment to institute legal proceedings or to resort to any other procedure allowed by law for recovering and enforcing the payment It was contended that the words 'to resort to...... enforcing the payment authorized the agent to assign a decree passed in favor of the company. A general power of attorney in Pakistan can be given for sale and purchase of everything. Held, that they did not constitute any such authority. They were to be read in conjunction with the power to institute proceedings to refer to money due to the company. The word 'etc' in a power containing authority to came on proceedings in Courts, etc.' should be construed as ejusdem generis with the rest of the document and, therefore, a person possessing such power cannot be construed as authorized to present a document for registration of general power of attorney in Pakistan as Sub-Registrar or Registrar is not a Court. Power to institute and conduct ejectment proceedings in Court implies an authority to issue a notice to quit. Where a person is empowered by the general power of attorney in Pakistan to appoint any third person to act as his agent or substitute and exercise powers conferred on him, such substitute or agent is competent to exercise all powers conferred by the general power of attorney in Pakistan on his principal.
Principles of Construction of Powers:
The general principles regarding the construction of a power of attorney are well-settled. They must be strictly construed as giving only such authority as they confer expressly or by necessary implication. Some of the principles governing the construction of a general power of attorney in Pakistan are: the operative part of the deed is controlled by the recitals; where authority is given to do particular acts, followed by general words, the general words are restricted to what is necessary for the performance of the particular acts; the general worse does not confer general powers but are limited to the purpose for which the authority is given and are construed as enlarging the special powers only when necessary for that purpose; a power of attorney must be construed strictly and general words must be interpreted in the light of the special powers, although they include incidental powers necessary for carrying out the authority. The general words used in the subsequent clauses of a power of attorney must be read with the special powers given in the earlier clauses and cannot be construed to enlarge the restricted power there mentioned? Where a general power of attorney in Pakistan is given followed by .specific powers, the specific powers so are given do not curtail the generality of powers conferred by earlier clauses. However, where a specific power is given followed by the conferring of general powers, the rule of ejusdem generic would apply and general power must be read as being in furtherance of specific Dower and not as enlarging the specific power so given. Where an act purporting to be done under a power of attorney is challenged as being more than the authority conferred by the power, it is necessary to show that on a fair construction of the whole instrument the authority in question is to be found within the four corners of the instrument, either in express terms or because of implication.