Please provide me the reference in which it is mentioned that Registration of POA was not mandatory in the year 1998 so that I may take up the matter appropriately. Further no comment has been given in the case of Kishore chandra Singh Deo V/s Babu Ganesh Prasad Bhagar AIR 1954 (SC)316 which pertains to the year 19554;
The purpose of relying upon a case law (judgment), is to tell the Judge, look, there is a judgment of High Court / Apex Court, which had dealt with the provision of law / proposition of law, to which we are concerned in the instant case also;. The said High Court / Apex Court had interpreted the law / proposition of law, and have held that ……
Therefore, in any judgment relied upon, it is imperative for us to find out the discussion and explanation of law / proposition of law set out therein in the judgment, and this needs to be pointed out to the court, as, the law or the proposition of law being laid down in the said judgment.
This appeal, by the plaintiff, Tilakdhari Bhagat, is from the concurrent decisions of the courts below, dismissing his suit for setting aside the compromise decree, exhibit B, on the ground of fraud.
The sole question for determination, in the present appeal, is whether the grievance of the appellant that the finding of the court of appeal below that the compromise, exhibit B, was signed by the present plaintiff, then defendant 2 to the previous suit, is really based on a mere comparison of the signature of the plaintiff by the court itself and has been largely and mainly influenced by its own opinion, and, as such, it is not a legal finding which is binding in second appeal, is correct.