Judgment Search Results Home > Cases Phrase: powers of attorney amendment act 1982 Court: rajasthan Page 1 of about 40 results (0.054 seconds)

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 .....

Ramavatar Kailash Chand and Co. and ors. Vs. Smt. Suraj Bai and anr.

Court : Rajasthan

Reported in : AIR1987Raj16; 1986(2)WLN294

..... the plaintiff did not examine herself but she examined gulab chand, her general power of attorney holder and pw-2 narain lal; whereas defendants also examined lajpat rai as dw-1 and chunnilal ..... he has further submitted that the power of attorney holder gulab chand was not authorised to give statement by ..... question of law that was framed by the court at the time of admission was as under:--'whether the statement of pw-1 gulab chand alleged to be constituted attorney could be considered to be legal evidence in the case on the question of reasonable and bona fide necessity of the plaintiff under the provisions of section 13(1)(h) of the act'.this case was ordered to be listed for final disposal on 4-8-86 and hence this appeal has come up before me today for final disposal.9. ..... plaint, amended plaint, vakalatnama, and the memo of appeal have all been signed by the plaintiff herself and no reason has been assigned nor any explanation offered as to why the plaintiff did ..... was appointed as a mukhtiar aam as back as on 1-8-1961 and he had been authorised to do all the acts connected with the court work. ..... (1983-2 ren cj 610) (supra) and punjab and haryana high court in sumitra devi's case, (1982-2 rent lr 661 (2)) (supra). ..... kholli sahu, air 1982 orissa 183 and gangabisan ..... pritam kaur, (1982) 2 rent lr 661 (2) (punj & ..... air 1982 orissa 183 was based on air 1981 bom 1 and in gangabisan's case, (air 1984 bom 332) (supra) the learned single judge had followed his earlier ruling in air 1981 bom 1 .....

Basant Nahata Vs. the State of Rajasthan and ors.

Court : Rajasthan

Reported in : 2001(1)WLC433; 2001(1)WLN226

..... annexure/6) dated 26.3.1999 as amended by notification (annexure/7) dated 22.4.1999, the power of attorneys conferring power of sale or transfer of property by any other mode, if any, the property situated outside the district where the power of attorney is presented for registration and if executed in favour of any person other than brother sister, son, daughter, father, mother, husband and wife, have been declared as documents opposed to public policy under sec.22-a of the act and the registering authorities are ..... power of attorney act, which provides for the manner in which donee of a power of attorney may act in his own name (sec.2) effect on acts done by a power of attorney, which are done in good faith and bonafide or payments made in the event of death of the donor of power of attorney ..... the contention of the learned advocate general that section 22-a introduced by the rajasthan amendment act, 1976 is perfectly legal and the powers conferred by this section cannot be said to be arbitrary and that there are sufficient guidelines in section 22- a to declare any document or class of documents to be opposed to public policy, cannot ..... thus, notwithstanding, a power of attorney is not required to be duly registered, and only an irrevacable power of attorney is required to be compulsorily registered is an instrument to be registered only an option, by declaring its registration, to be opposed to public policy, the power of deciding any act to be contrary to law has been conferred .....

Suresh Dharu Vs. State and ors.

Court : Rajasthan

Reported in : 2007(2)WLN338

..... the basis of the challenge of proceedings of acquisition in this writ petition by the petitioners is that he has purportedly purchased the land from the power of attorney holder of m/s. ..... 100/-, which is insufficient stamp, in view of the amendment in section 17(1)(f) of the registration (rajasthan amendment) act, 1989. ..... in terms of article 23 of 2nd schedule of the rajasthan stamp laws (adaptation act), 1952 and explanation appended to it, an agreement to sale on immovable property in the case of transfer of possession of such property before, at the time of or after the execution of such instrument be deemed to be conveyance and the stamp duty thereon shall be .....

Shanti Devi and ors. Vs. Indra Devi

Court : Rajasthan

Reported in : 1977WLN(UC)547

..... it appears that the learned munsiff had decided this question on 25th may, 1977, that the power of attorney of the learned counsel did not terminate with the dismissal of the suit in default. ..... punjab national bank air 1963 all 374, held that the power of attorney in favour of the counsel did not terminate with the dismissal of the suit its default. ..... as the restoration proceedings have not been enumerated in the explanation, they shall not be deemed to be proceedings in the suit and would require a fresh power of attorney in favour of the counsel. ..... the code of civil procedure (amendment) act, 1976, has been enacted with a view to simplify the proceedings of litigation and to avoid delays. ..... the power of attorney in favour of the learned counsel for the defendant does not terminate when the suit is dismissal in default. ..... if the contention of the learned counsel for the defendant-petitioner is accepted, then the very purpose of the amending act would be defeated.5. ..... it has been contended that an explanation has been added by the code of civil procedure (amendment) act, 1976, (act no. ..... the notice of the restoration application was given to the learned counsel for the defendant who endorsed on the back of the notice that his power has terminated with the dismissal of the suit. .....

Santosh Devi Vs. State and anr

Court : Rajasthan Jodhpur

..... (annexure/6) dated 26.03.1999 as amended by notification (annexure/7) dated 22.4.1999, the power of attorneys conferring power of sale or transfer of property by any other mode, if any, the property situated outside the district where the power of attorney is presented for registration and if executed in favour of any person other than brother, sister, son, daughter, father, mother, husband and wife, have been declared as documents opposed to public policy under sec.22-a of the act and the registering authority are ordered ..... this notification, the power of attorney executed in favour of any person within the district in which the power of attorney is executed may be given to any person who is not a relation referred to in the notification dated 22.4.1999 but a power of attorney for the transfer for the property situated outside the district is accepted for registration only if it is made in favour of relations of the executant of the power of attorney referred therein. ..... this declaration, it is submitted, is absolutely arbitrary and void because classification of authorisation through power of attorney on the basis of the properties and its situation has no rational nexus the object sought to be achieved through prohibition of registration of ..... of any substantive provisions of law limiting the life of any power of attorney to be a period of three years.registration of such instrument without limiting the period of life of power of attorney is declared to be opposed to public policy. .....

Prem Singh Vs. State of Rajasthan

Court : Rajasthan

Reported in : AIR1986Raj33; 1985(2)WLN120

..... the petitioner filed the writ petition on october 4, 1976 praying that the respondents may be restrained from proceeding against the petitioner for recovery of the amount paid to him as power of attorney holder of karansingh and further that if coercive action is taken it may be declared illegal the writ petition was opposed on behalf of the respondents by filing a reply along with six documents marked ..... sub-section (3) of section 257b is certainly 'any other remedy' for the purposes of clause (3) of article 226 of the constitution, as substituted by article 38 of the constitution (forty second) amendment act, 1976. ..... is, however, made clear that if the respondents have any other remedy available to them other than under the act, this order will not prejudicially affect their rights and it will be open to them to resort to it ..... has to be deposited in advance under protest before a suit can be filed under sub- section (3) of section 257b of the act but that has not the effect of nullifying the remedy which has certainly been provided by law for the redress of the injury complained of by the petitioner in the present case.in ..... be recovered from the petitioner by the respondents under the provisions of section 257a of the act is not recoverable, for, it is neither miscellaneous revenue nor other moneys as envisaged by section 256 of the act and so, the-proceedings initiated against the petitioner for the recovery of the amount under the act are without jurisdiction and null and void. .....

NaraIn Vs. Shanti Devi and ors.

Court : Rajasthan

Reported in : AIR1978Raj57

..... it appears that the learned munsiff had decided this question on 25th may, 1977, that the power of attorney of the learned counsel did not terminate with the dismissal of the suit is default. ..... punjab national bank, air 1963 all 374, held that the power of attorney in favour of the counsel did not terminate with the dismissal of the suit in default. ..... as the restoration proceedings have not been enumerated in the explanation, they shall not be deemed to be proceedings in the suit and would require a fresh power of attorney in favour of the counsel. ..... the power of attorney in favour of the learned counsel for the defendant does not terminate when the suit is dismissed in default. ..... if the contention of the learned counsel for the defendant-petitioner is accepted, then the very purpose of the amending act would be defeated.5. ..... (amendment) act, 1976, (act no. ..... (amendment) act. ..... the notice of the restoration application was given to the learned counsel for the defendant who endorsed on the back of the notice that his power has terminated with the dismissal of the suit. .....

Khuraj and anr. Vs. Moti Lal and ors.

Court : Rajasthan

Reported in : 1998(2)WLC444; 1998(1)WLN231

..... be deemed, by virtue of this explanation, that the agreement to sell or an irrevocable power of attorney (when coupled with transfer of possession) is a conveyance and stamp duty shall be chargeable ..... for the defendants-petitioners (for short the defendants) canvassed that the court below has not taken into consideration the provisions contained in the rajasthan stamp law (adaptation) (amendment) act, 1989 (for short the act. ..... therefore, it will be open to the defendants to draw the attention of the trial court towards the provisions of the act at the subsequent stage of the suit and the trial court after recording the evidence and after hearing the plaintiff, can adjudicate upon this ..... in the circumstances the document cannot be construed to be a sale for the purposes of section 54 of the transfer of property act, but would be only a contract for sale within its meaning.placing reliance on the aforesaid authority, the learned trial court passed the impugned order and rejected the objection raised by the defendant ..... in order to curb this practice, an amendment is sought to be introduced in article 23 of the second schedule ..... in the 'statement of objects and reasons' of the act it has been laid down that:it has been seen that the tendency to enter into agreement to sell immovable property instead of executing the sale- ..... propounded as under:no right, title or interest in the property could be conveyed by a document if it is not in accord with section 54 of the transfer of property act. .....

Smt. Shakuntala Devi Vs. Sh. Nathu Lal JaIn and anr.

Court : Rajasthan

Reported in : AIR2000Raj109; 1999(1)WLN628

..... it was categorically held that word 'acts' used in rule 2 of order 3, cpc does not include the act of power of attorney holder to appear as a witness on behalf of a ..... hari narain, air 1998 raj 185, after scrutiny of order 3, rule 2 it was indicated that power of attorney holder of a party can appear only as a witness in his personal capacity and whatever he has knowledge about the case, he can state on oath but he cannot appear as witness on behalf of the party in the capacity of the ..... facts of the present case it is evident that the plaintiff a housewife, had executed a power of attorney in favour of nand kishore saraf for taking necessary steps in the suit. ..... bhagwan sahai, 1971 raj lw 170 : (air 1971 raj 240) the power of attorney holder of a party can appear as a witness on behalf of the ..... canvassed on behalf of the plaintiff that on the advise of the counsel the power of attorney holder nand kishore saraf was examined as a party. ..... had not examined herself as a witness under the impression that examination of power of attorney holder as a witness would suffice the purpose. ..... the plaintiff on march 26, 1992 executed 'general power of attorney' in favour of nand kishore saraf to take up all the proceedings on her behalf in the ..... rule 3-a inserted in order 18 by amendment act 1976 lays down that where a party himself wishes to appear as a witness he shall so appear before any other witness on his behalf has been examined unless the court, for reason to be recorded permits him to appear .....