Judgment Search Results Home > Cases Phrase: powers of attorney amendment act 1982 Court: himachal pradesh Page 1 of about 8 results (0.054 seconds)

Shobit Construction and anr. Etc. Vs. T.K. International Ltd.

Court : Himachal Pradesh

Reported in : AIR2006HP4,2006(1)ARBLR510(HP)

..... on showing such good cause, the court can allow the defendant to defend the suit subject to payment of cost.43.in the present case, as noticed earlier, the registrar in exercise of its power under sub-rule (26) of rule 3, chapter-i granted six weeks further extension to file the written statement from march 3, 2004 but the defendant failed to file any written statement even during ..... which arises for consideration is whether the defendant has lost his right to file written statement as provided under order 8, rule 1, as substituted by the code, of civil procedure (amendment act, 2002).18.order 8, rule 1 may be reproduced for convenience.o. 8, r. ..... filed power of attorney ..... power of attorney was field ..... high court of himachal pradesh shall have in respect of any part of the territories comprised in the stale of himachal pradesh all such jurisdiction , powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of that part of the said territories by ..... provision shows that the high court of delhi and consequently the high court of himachal pradesh has the power to make rules and orders with respect to the practice and procedure for the exercise of its ordinary ..... 2005 air scw 138, reading section 129 of the code of civil procedure held that section 129 invest the powers hi the chartered high courts to make rules with regard to the regulation of their own procedure which may be inconsistent with the code of civil procedure itself as long .....

Partap Singh Vs. Smt. Satya Devi and anr.

Court : Himachal Pradesh

Reported in : AIR2005HP37

..... it was contended by the learned counsel for the respondents that in view of the provisions of section 102 of the code of civil procedure (hereafter referred to as 'the code') as they are in force after the amendment of the code by the amending acts of 1999 and 2002 a second appeal shall not lie in a case where the subject matter is for recovery of money not exceeding rs. ..... 15,000/- from him on account of sale of his land by the appellant as his general power of attorney and thus evidently the suit is for recovery of a sum less than rs. ..... the dispute is as to whether the provisions of section 102 of the code as amended by the amending act of 2002 are or are not applicable to the present appeal.7. ..... it is also not in dispute that a second appeal in a decree in such a suit will not lie on and after 1-7-2002 when the code of civil procedure (amendment act) 2002 (hereafter referred to as the amending act of 2002) came into force. ..... against this background and in view of section 582-a of the code of civil procedure, 1882, the apex court held as under (para 12) :'the above section therefore mitigates the rigour of section 4 of the court fees act and it is for the court in its discretion to allow a person who has filed a memorandum of appeal with deficient court-fee to make good the deficiency and the making good of such deficiency cures the defect in ..... section 102 of the code as substituted by the amending act of 2002 came into force with effect from 1-7-2002. .....

Girdhari Lal Vs. Spedding Dinga Singh and Co.

Court : Himachal Pradesh

Reported in : AIR1954HP52

..... the provisions of section 58 were alleged as not having been complied with, namely, that the power-of-attorney under which mclaren acted for ellvers was not shown to the registrar, has not been substantiated by the appellant. ..... he did so according to the rates as amended by the punjab court fees (amendment) acts of 1922, 1926 and 1939.it was subject to these amendments that the court-fees act (vii of 1870) was applied to himachal pradesh under the himachal pradesh (application of laws) order, 1948, which ..... relied upon this decision.since then fees have no doubt been raised under the court-pees (himachal pradesh amendment) act, 1953, which came into force since 1-1-1953 under this state's revenue department notification no. ..... air 1954 him-p 26 (c), decided recently on 4-8-1953 and not yet reported, to the effect that the court-fees act, 1870 continued in force in the bashahr state as amended by paragraph 36 of the himachal pradesh (courts) order, 1948, despite the provisions of section 5 of the merged states (laws) act, 1949, inasmuch as that section purported to repeal corresponding and not the same law. ..... decision in--'munshi ram's case (b)' and has no application here since paragraph 36 of the himachal pradesh (courts) order, 1948, was not mentioned in the himachal pradesh (application of laws) order, 1948, as amending the court-fees act, and there could therefore be no question of its omission in the description of that act as contained in the merged states (laws) act, 1949. .....

Rahul Bhargava Vs. Vinod Kohli and ors.

Court : Himachal Pradesh

Reported in : 2008(I)ShimLC385

..... it includes benami transaction and an authorization made by the owner by way of special or general power of attorney or by an agreement with the intention to put a non-agriculturist in possession of the land and allow him to deal with the land in the like manner, as if he is the real, owner of the land.12 ..... a person who is a non-agriculturist but purchases land with the permission of the state government under clause (i) of this sub-section shall, irrespective of such permission, continue to be a non-agriculturist for the purposes of the act:provided further that a non-agriculturist in whose case permission to purchase land is granted by the state government, shall put the land to such used for which the permission has been granted, within a period of two ..... the construction of a dwelling house, a shop or a commercial establishment or office or industrial unit, made before : the day on which the himachal pradesh tenancy and land reforms (amendment) act, 1987, is published in the official gazette after its assent, shall be deemed always to have been made in accordance with the law as if sub-section (2) of section 118 of the principal act had not been amended by section 4 of this act.13. ..... section 118 of the act has been amended several times and as of now agreement of the nature mentioned in sub-clause (b) of clause (iii) of sub-section (1) of section 118 is ..... has not been pointed out that section 118 of the act was further amended after it was substituted vide section 4 of act no. .....

Ravinder Chauhan and ors. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : AIR1999HP43

..... the 2nd respondent has filed a reply contending that the claim of the 6th respondent for putting up a residential building in the land in question through his general power of attorney, the 7th respondent was processed under the pro-visions of interim development plan of shimla planning area and sanction was accorded therefor on 21-10-1993 and that the 2nd ..... or the financial commissioner passed an order under sub-rule (4) deciding that the transfer of land is in contravention with the provisions of the second proviso to clause (i) of sub-section (2) of section 118 of the act, as the case may be, such land together with the structures, buildings or other attachments, if any, shall vest in the state government free from all encumbrances and the possession of the land so vested shall be ..... a non-agriculturist but purchase land with the permission of the state government under clause (i) of this sub-section shall, irrespective of such permission, continue to be a non-agriculturist for the purposes of this act ; provided further that a non-agriculturist in whose case permission to purchase land is granted by the state government, shall put the land to such use for which permission has been granted, within a period ..... for applying the principle in this decision since the rules inserted by means of amendment introducing rule 38b cannot be said to be repugnant to the provisions in the act, but more explanatory, supplementary and vitally necessary to make the provisions in the act reasonable. .....

Jagar Nath and anr. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : 1998ACJ908

..... from the perusal of the impugned order annexure c, it appears that from the general power of attorney, which was annexed along with the application for release of the amount, respondent no. ..... 3 that he would either disburse the award amount to the claimants after deducting his own commission or return the same to the government after amending his earlier judgment, as such, he should withdraw the award amount at an early date.9. ..... the appellants filed application under section 4 of the workmen's compensation act, 1923 (hereinafter called 'the act') for awarding them compensation alleging that said mohan had died during the course of his employment and they are entitled to compensation on the basis of his monthly wages of rs ..... bhanwari 1971 acj 438 (rajasthan), wherein the learned judges have categorically held that remarriage does not disentitle a widow to claim compensation under the act, as the definition of 'dependant' given in section 2(1)(d) of the act does not put any such restriction. ..... any half-monthly payment payable under this act, either under an agreement between the parties or under the order of the commissioner, may be reviewed by the commissioner ..... so far sub-section (8) of section 8 of the act is concerned, it provides that if an application is filed in this behalf or the commissioner, workmen's compensation is satisfied on inquiry that on account of neglect of children on the part of a parent or on account of the variation of the circumstances of any dependant or for any .....

Punjab National Bank Vs. Surinder Singh Mandyal and ors.

Court : Himachal Pradesh

Reported in : AIR1996HP1

..... the full bench of bombay high court in union of india's case (supra) dissented from the decision of delhi high court in syndicate bank's case (supra) and came to a different conclusion that after amendment was carried out in section 34 of the code by the amendment act, 1956, the intention of the legislature was made clear that the interest under section 34 of the code is not payable on the aggregate amount of principal and interest, but on the 'principal sum ..... rate as the court deems reasonable on the aggregate sum so adjudged', when substituted by the words 'with further interest at such i ate not exceed ing 6% per annum, as the court deems reasonable on such principal sum' by the amendment act of 1956, made a vital difference and lends support to the submissions made on behalf of the counsel for the defendants ..... by virtue of power of attorney shri vishwa nath gupta, the manager of the plaintiff bank has been duly authorised 10 sign and verify the pleadings, to engage counsel and to otherwise act for and on behalf of the plaintiff-bank. ..... neither in the syndicate bank's case (supra) nor in food corporation of india's case (supra) the purpose for which the amendment was carried out by the 1956 amendment act was noticed for interpreting the expressing 'principal sum adjudged. ..... section 34 of the code again underwent further amendment by the code of civil procedure (amendment) act, 1976 by addition of a proviso and two explanations. .....

Jaswant Singh Negi Vs. Rajinder Kumar and anr.

Court : Himachal Pradesh

..... wherein it was held that if the power of attorney holder has rendered some acts in pursuance to power of attorney, he may depose for the principal in respect of such acts, but he cannot depose for the principal for the acts done by the principal and not by ..... was also submitted that the plaintiff has not appeared in the witness box and had only examined his special power of attorney and as such, an adverse inference has to be drawn against the plaintiff for not appearing in the ..... that the suit for injunction was not maintainable since the plaintiff was proved to be in permissive possession or as licencee and as such, the relief of possession granted in the alternative after allowing the amendment of the plaint could not have been granted and as such, the findings to the contrary are liable to be reversed. 11. ..... whether the lower appellate court has wrongly permitted the plaintiff-respondent to amend the plaint during the pendency of the appeal by changing the entire complexion of the suit land and to incorporate the suit which has divested the defendant-appellant of his ..... during the course of appeal filed by the appellant, an application for amendment of the plaint was also filed, which was allowed by the court allowing the relief of possession in ..... observed that in case some of the facts are within the knowledge of the party, he has to depose himself and the attorney cannot depose in his favour and the statement of attorney has to be taken as a witness only and not as a party. 19. .....

Chamaru Etc. Vs. Khazan Singh Etc.

Court : Himachal Pradesh

Reported in : AIR1978HP58

..... hearing, before one of us, a question was raised whether the addition of clause (5) in article 227 of the constitution by the constitution (forty-second amendment) act had resulted in depriving this court of its jurisdiction to interfere judicially in respect of judgments and orders of inferior courts. ..... shall be kept by the officers of any such courts, (3) the high court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being ..... when the constitution of india was enacted, article 227 gave wider jurisdiction to the high courts, a high court now enjoyed the power of superintendence not only over all courts subject to its appellate jurisdiction, but indeed over all courts and tribunals throughout the territories in ..... of judicial opinion in india was that section 107 which was similar in terms to section 15 of the high courts act, 1861, gave a power of judicial superintendence to the high court apart from and independently of the provisions of other laws conferring revisional jurisdiction ..... for the respondents that the supreme court, in waryamsingh (air 1954 sc 215) (supra) has laid down that the power of judicial superintendence was taken out from section 224 by sub-section (2) of that section and, he says, that .....

National Insurance Company Ltd. Vs. Kanta Devi and ors.

Court : Himachal Pradesh

..... rw-1 masta singh negi, special power of attorney of madan singh negi has stated that madan singh was the owner of vehicle no. ..... the relevant part of section 147 of the motor vehicles act 1988 after amendment carried on 14.11.1994 is as follows:147. ..... it has also been submitted that insurer had filed application under section 170 of the motor vehicles act, 1988 which was allowed by the learned tribunal and therefore, insurer has right to contest the petition on all grounds. mr. n.k. ..... thus it is clear from ex.r-4 that owner of the goods or his authorized representative carried in the vehicle is covered by policy read with section 147 of the act. .....