Power of Attorney Act
Rule 10 of the Power of Attorney Rules 2015:
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) **, * must be mandatorily followed by the power of attorney holder. (Para 24)
Rule 8 and 10 of the Power of Attorney Rules 2015:
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) ().(*), (t) 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) (*)(*), (*) of the Rules. (Para 25)
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. (Para 27) Abu Khair Md. Nazmul Hug & ors Vs Bangladesh & ors [18 SCOB [2023] HCD 247]
𝐓𝐡𝐞 𝐨𝐛𝐯𝐢𝐨𝐮𝐬 𝐩𝐫𝐨𝐩𝐨𝐬𝐢𝐭𝐢𝐨𝐧 𝐨𝐟 𝐥𝐚𝐰 𝐢𝐬 𝐭𝐡𝐚𝐭 𝐨𝐧 𝐭𝐡𝐞 𝐝𝐞𝐦𝐢𝐬𝐞 𝐨𝐟 𝐞𝐢𝐭𝐡𝐞𝐫 𝐩𝐚𝐫𝐭𝐲 𝐭𝐨 𝐭𝐡𝐞 𝐩𝐨𝐰𝐞𝐫 𝐨𝐟 𝐚𝐭𝐭𝐨𝐫𝐧𝐞𝐲 𝐭𝐡𝐞 𝐫𝐞𝐥𝐚𝐭𝐢𝐨𝐧𝐬𝐡𝐢𝐩 𝐛𝐞𝐭𝐰𝐞𝐞𝐧 𝐭𝐡𝐞 𝐩𝐫𝐢𝐧𝐜𝐢𝐩𝐚𝐥 𝐚𝐧𝐝 𝐭𝐡𝐞 𝐚𝐭𝐭𝐨𝐫𝐧𝐞𝐲 𝐜𝐞𝐚𝐬𝐞𝐬 𝐢𝐧 𝐚𝐜𝐜𝐨𝐫𝐝𝐚𝐧𝐜𝐞 𝐰𝐢𝐭𝐡 𝐬𝐞𝐜𝐭𝐢𝐨𝐧 𝟐𝟎𝟏 𝐨𝐟 𝐭𝐡𝐞 𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭 𝐀𝐜𝐭. [49 DLR (AD) 142]