Judgment Search Results Home > Cases Phrase: powers of attorney amendment act 1982 Page 1 of about 6,761 results (0.075 seconds)

Smt. Shanti Devi Agarwal Vs. V.H. Lulla

Court : Madhya Pradesh

Reported in : AIR2004MP58; 2003(4)MPHT57; 2003(4)MPLJ138

..... 83/2003 only on a limited ground that the rent controlling authority has seriously erred in rejecting the affidavit of the plaintiff's son being the power of attorney holder filed as the plaintiffs examination-in-chief under order 18 rule 4 of the code, whereas, the subsequent order dated 27-3-2003 has been challenged by the defendant ..... authority by the same order while allowing an application of the defendant under order 3 rule 2 of the code read with section 118 of the evidence act, rejected an affidavit of the plaintiff's son, the power of attorney holder, for recording of evidence on her behalf and also closed the plaintiff's evidence. ..... it seems that the plaintiff being an elderly lady of about 78 years had given the power of attorney dated 16-10-2002 in favour of her son banwarilal to contest the case and lead evidence on her behalf before the rent controlling authority in this case and ..... same case, whereby the authority has recalled in part the order dated 9-12-2002 to correct a mistake of closing the plaintiff's evidence while deciding the question as whether the plaintiff's on being the power of attorney holder was entitled to lead evidence on her behalf, by filing an affidavit.2. ..... application under order 3 rule 2 of the cpc (hereinafter referred to as 'the code') of the defendant seeking to reject the affidavit of the plaintiff's son, filed under order 18 rule 4 of the code, on the strength of a power of attorney to that effect, shall also dispose of the civil revision no. .....

S.V. Revanaradhya Vs. Sri. Jagadish Mallikarjunaiah Chakrabhavi.

Court : Karnataka

Reported in : ILR2010KAR3774

..... section 1-a of the powers of attorney act, 1882 as amended by act no.55/1982. ..... - air 1985 kafnataka 213, a division bench of tins court has laid down the principles, which may be applied for construction of powers of attorney, which are as under:"the following principles may be applied for the construction of powers of attorney, (1) the operative part of the deed is controlled by the recitals where there is ambiguity: (2) where authority is given to do particular acts, followed by general words, the general words are restricted to what is necessary for the proper performance of the particular ..... ramanathan chetty & others - air 1915 pc 121, has held as under:"where an act purporting to be done under a power of attorney is challenged as being in excess of 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 by necessary implication. ..... therefore, so long as the power of attorney had the necessary authorization, no further question as to the nature of the power of attorney had to be considered and the person holding the power of attorney would be able to act as a recognized agent within die meaning of order 3 rule 2. ..... it has been further held that although the power of attorney must authorize the agent to do necessary acts, this authority must appear not in a special power of attorney but a general power of attorney. .....

In the Matter of a Reference by the Governor in Council Concerning Ref ...

Court : Canada Supreme Court

..... be accomplished by the general amending procedure set out in section 38 of the constitution act, 1982, by one of the following methods: (a) by inserting a separate provision stating that the senate is to be abolished as of a certain date, as an amendment to the constitution act, 1867 or as a separate provision that is outside of the constitution acts, 1867 to 1982 but that is still part of the constitution of canada; (b) by amending or repealing some or all of the references to the senate in the constitution of canada; or (c) by abolishing the powers of the senate and eliminating ..... the attorney general of canada argues that the general amending procedure applies because abolition of the senate falls under matters which part v expressly says attract that procedure amendments in relation to the powers of ..... the attorney general of canada argues that changes to senatorial tenure fall residually within the unilateral federal power of amendment ..... consultative elections falls outside the scope of the unilateral federal amending procedure [68] the attorney general of canada argues in the alternative that, if the implementation of consultative elections requires a constitutional amendment, then it can be achieved under the unilateral federal amending procedure (s. 44). ..... abolishing the senate would alter the part v amending formula [103] the attorney general of canada argues that senate abolition can be accomplished without amending part v and that it therefore does not fall within the .....

In the Matter of a Reference by the Governor in Council Concerning Sec ...

Court : Canada Supreme Court

..... of the constitution act, 1982 were enacted in the context of ongoing constitutional negotiations that anticipated future amendments relating to the ..... the provinces agreed to insulate this unilateral federal power from amendment except through the exacting procedures in part v. ..... attorney general of canada [96] the attorney general of canada argues (i) that the mention of the supreme court in the constitution act, 1982 has no legal force, and (ii) that the failed attempts to entrench the eligibility requirements in the meech lake accord of 1987 and the charlottetown accord of 1992 demonstrate that parliament and the provinces understood those requirements not to have been entrenched in 1982 ..... judicial arbiter of disputes over federal-provincial jurisdiction is implicit in a federal system: inherent in a federal system is the need for an impartial arbiter of jurisdictional disputes over the boundaries of federal and provincial powers (reference re remuneration of judges of the provincial court of prince edward island, 1997 canlii 317 (scc), [1997] 3 s.c.r. ..... patriation [88] we have seen that the supreme court was already essential under the constitutions architecture as the final arbiter of division of powers disputes and as the final general court of appeal for canada. ..... judges, the great majority of whom would be unfamiliar with the civil laws of quebec, which tribunal would be called upon to revise and would have the power to reverse the decisions of all their quebec courts . . . . .....

Shailesh Jadavji Varia Vs. Sub-registrar and ors.

Court : Gujarat

Reported in : (1996)3GLR783

..... in respect of which the proper duty has been determined by him under sub-section (3) or an instrument executed before the date of the commencement of the bombay stamp (gujarat amendment) act, 1982) call for and examine the instrument for the purpose of satisfying himself as to the correctness of the consideration or of the market value of the property which is the subject ..... of conveyance, exchange, gift, certificate of sale, partition, partnership, settlement, power of attorney to sell immovable property when given for consideration or transfer of lease by way of assignment presented for registration under the provisions of registration act, 1908 shall be accompanied by a true copy thereof; and if an officer registering such instrument under the aforesaid act or any person referred to in section 33 before whom such instrument is produced ..... (1) if any officer registering under the registration act, 1908, an instrument of conveyance, exchange, gift, partition, partnership or settlement or power of attorney or any person referred to in section 33, before whom such instrument is produced or comes in the performance of his functions, has reason ..... while observing in paragraph 36 of the judgment that reasonable period varies in the facts and circumstances of each case and various provisions of the act and further observing that if the power is exercised beyond that period then the order can be set aside unless the facts justifying delay are pointed out.therefore, when an authority is .....

Kashi Ram and anr. Vs. Raj Kumar and ors.

Court : Rajasthan

Reported in : AIR2000Raj405

..... ground on which trial court and learned first appellate court had allowed the case of petitioners, the said provision lost its sanctity after amendment to the act in 1982, enacting provisions of section 13-a of the act and it has been considered by learned board of revenue, categorically holding that subsequent developments during pendency of appeal could also be taken into consideration and relief could be moulded for that purpose, placing reliance ..... the court repelled the contention that it was very unreasonable to expect that the principal should inform the whole world that he has cancelled power-of-attorney given to his agentand that she cannot be expected to approach everybody with whom the agent was likely to enter into contract and inform them of the cancellation. ..... the said sale-deed is inconsequential for the reason that power-of-attorney-holder had lost right to execute any such sale-deed ..... 1968 and petitioners had executed a registered document in favour of the contesting respondents that in case money is not repaid, they would execute a sale-deed in their favour of the land in dispute and for that purpose, a power-of-attorney was also executed in favour of roopa ram. ..... the contesting respondents have no notice of termination of power-of-attorney, therefore, even though termination was there, it could not adversely affect the contesting respondents ..... time had been extended by said power-of-attorney roopa ram for execution of the sale-deed and extension had duly been endorsed .....

Esha Ekta Appartments Chs Ltd.and ors. Vs. Mun.Corp.of Mumbai and ors.

Court : Supreme Court of India

..... building on the said sub-plot in accordance with and subject to the conditions stipulated in the letter of intent dated 27th may 1981 made by the additional collector and competent authority under the ulc act or such modifications and/or amendments thereto as may be sanctioned by the additional collector and competent authority on the application in that behalf being made by the owner at the instance of the developer and the sanction under section ..... simultaneously, an irrevocable power of attorney was executed by the lessee in favour of the developer ..... kolkata municipal corporation and others (2012) 10 scale 29 while setting aside the order of the division bench of the calcutta high court, this court referred to the provisions of the kolkata municipal corporation act, 1980 in the context of construction of additional floors in a residential building in violation of the sanctioned plan and observed: what needs to be emphasised is that illegal and unauthorised constructions of buildings and other structure not ..... 22 under the ulc act, to be obtained by the owner after compliance with the conditions in the said letter of intent or any modifications and/or amendments thereto as aforesaid and the development control rules of the corporation and such other rules and regulations as are applicable . ..... 16.6.1982, .....

CaplIn and Drysdale Vs. United States

Court : US Supreme Court

..... nor does the government deny that the sixth amendment guarantees a defendant the right to be represented by an otherwise qualified attorney whom that defendant can afford to hire, or who is willing to represent the defendant even though he is ..... this court has upheld the constitutionality of the act as so interpreted will not deter congress, i hope, from amending the act to make clear that congress did not intend this ..... is not formally restrained from using his assets to pay counsel during this period, the reluctance of any attorney to represent the defendant in the face of the forfeiture threat effectively strips the defendant of the right to ..... there can be little doubt that petitioner's stake in $170,000 of the forfeited assets -- which it would almost certainly receive if the sixth amendment claim it advances here were vindicated -- is adequate injury-in-fact to meet the constitutional minimum of article iii standing. ..... , though in his possession, is not rightfully his; the government does not violate the sixth amendment if it seizes the robbery proceeds and refuses to permit the defendant to use them to pay ..... 637 despite the absence of any indication that congress intended to use the forfeiture weapon against legitimate attorney's fees, the majority -- all the while purporting to "respect" the established practice of construing a statute to avoid constitutional problems, monsanto, ..... this court has the power to declare the act constitutional, but it ..... 1982 ..... 1982 ..... 1982 ..... 1982 ..... 1982 ..... 1982 ..... 1982 ..... 1982 .....

W. VA. Univ. Hosps. Vs. Casey

Court : US Supreme Court

..... 1978) ("reasonable attorney's fees, expert witness fees and other costs of intervening or participating in any proceeding [before the commission] "); tax equity and fiscal responsibility act of 1982, 26 u.s.c. ..... (1980 amendments) ("attorneys' fees, expert witness fees, and other costs of participating in such action"); federal power act, 16 ..... who did not testify at trial) were "costs" which could be fully shifted in the discretion of the district court; the expert witness fees also could be shifted, but only as limited by 1821; the attorney's fees were not costs, and could not be shifted at all, because the case did not fit any of the traditional equitable doctrines for awarding such fees. id. ..... when the committee referred to these cases, though several were later reversed, it used them to make the point that, prior to alyeska, courts awarded attorney's fees and costs, including expert witness fees, in civil rights cases, and that they did so in order to encourage private citizens to bring such suits ..... 1980) (same); oil and gas royalty management act of 1982, 30 u.s.c. ..... 1980), and the tax equity and fiscal responsibility act of 1982, 26 u.s.c. ..... relevant part: "in any action or proceeding to enforce a provision of sections 1981, 1982, 1983, 1985, and 1986 of this title, title ix of public law 92-318, or title vi of the civil rights act of 1964, the court, in its discretion, may allow the prevailing party, other than the united states, a reasonable attorney's fee as part of the costs. .....

Orissa Manganese and Minerals (Pvt.) Ltd. Vs. Adhunik Steel Ltd.

Court : Orissa

Reported in : AIR2005Ori113

..... clause 2.4 under the heading 'scope of work' runs as follows :'omm shall issue a power of attorney in favour of asl authorizing them to undertake the said mining and raising operations giving them all necessary authorities for the conduct of said ..... further case of the respondent, is that as a consequence of termination of the agreement and revocation of power of attorney it has been vested with several civil consequences as enumerated in para 19 of the petition filed before the learned district ..... objection of the appellant is that the agreement having been terminated for the reasons stated above, the power of attorney had become meaningless and therefore the same was revoked. ..... far as control over the leasehold area is concerned, all acts done by the respondent for the purpose of mining operation is for and on behalf of the appellant as is evident from 'appointment' clause as well as power of attorney. ..... the respondent, the letter dated 24-11-2003 terminating agreement as well as notice dated 24-11-2003 revoking power of attorney are illegal, wrong and not binding on the respondent. ..... again by notice dated 24-11-2003 published in daily 'the sambad' intimated that the power of attorney executed by the respondent dated 14-5-2003 stood cancelled/revoked. ..... rule 37 of the rules has no application to the facts of the present case and therefore termination of the agreement on the above ground was not justified and consequently held that the revocation of the power of attorney was not justified. .....