Rule 8 and 10
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Power of Attorney Rules 2015
Rule 8 and 10
Power of Attorney Act 2012
Section 2, 7
Rule 8 essentially sets out the procedure that is to be followed by the
executor while executing a power of Attorney. While Rule 10(5) clearly
contemplates the procedure that needs to be followed in cases of all
classes of power of attorneys relating to power of attorneys which are
executed outside of Bangladesh. The provisions of Rule 10(5) (K),(L), (M)
has clearly imposed such duty upon the power of attorney holder following
execution by the executors. It is clear that the intention of law is cases
of those power of attorneys which are executed outside of Bangladesh
following execution is the same irrespective of the classes of power of
attorney. The power of attorneys whether those are Special, General,
Irrevocable power of attorney so long they are executed outside Bangladesh
certain conditions inter alia must be followed and fulfilled by the power
of attorney holder which conditions are clearly prescribed under Rule 10(5)
(K),(L), (M) of the Rules . ...Abu Khair Md. Nazmul Huq & ors Vs.
Bangladesh & ors, (Civil), 18 SCOB [2023] HCD 247
....View Full Judgment
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Abu Khair Md. Nazmul Huq & ors Vs. Bangladesh & ors |
18 SCOB [2023] HCD 247 |
Rule 8, 9, 10
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Power of Attorney Act 2012
Section 2, 7
Power of Attorney Rules 2015
Rule 8, 9, 10
We are of the considered finding that the General power of attorney which
is marked Annexure-I in the instant writ petition is not a valid power of
attorney. Since we are of the opinion that the power of Attorney by virtue
of which the power of attorney holder swore affidavit to file instant the
writ petition representing the petitioners such power of Attorney does not
constitute a valid piece of document therefore we are also of the
considered opinion that the writ petition is not maintainable as not being
in form. ...Abu Khair Md. Nazmul Huq & ors Vs. Bangladesh & ors, (Civil),
18 SCOB [2023] HCD 247
....View Full Judgment
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Abu Khair Md. Nazmul Huq & ors Vs. Bangladesh & ors |
18 SCOB [2023] HCD 247 |
Rule 10
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Power of Attorney Rules 2015
Rule 10
Power of Attorney Act 2012
Section 2, 7
We are of the considered view that Rule 10 of the Power of Attorney Rules
2015 in its entirety does not distinguish between the classes of the power
of attorneys when a power of attorney is executed outside Bangladesh so far
as the duty of the power of attorney holder pursuant to execution is
concerned. It is clear that all classes power of attorneys whether it is
special, general or irrevocable, in the case of the power of attorneys
being executed outside Bangladesh, the procedure prescribed by Rule 10(5)
K,L, M must be mandatorily followed by the power of attorney holder. ...Abu
Khair Md. Nazmul Huq & ors Vs. Bangladesh & ors, (Civil), 18 SCOB [2023]
HCD 247
....View Full Judgment
|
Abu Khair Md. Nazmul Huq & ors Vs. Bangladesh & ors |
18 SCOB [2023] HCD 247 |