DELIGATUS NON-POTEST DELEGARE

Literal Translation

“A delegated authority cannot again be delegated.”

Definition

A person to whom some power is delegated cannot sub-delegate that power to someone else.

Illustration

A has been authorized to execute a will upon the death of B. Now A cannot delegate this power to any other person. Doing so would render further delegation of an already delegated authority. Here A cannot sub-delegate his authority as the rule of Delegatus Non Potest Delegare applies.

Case Law

1. A.K. Roy & Another v. State of Punjab & Others (1986)

2. Marathwada University v. Seshrao Balwant Rao Chavan (1989)

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