Judgment Search Results Home > Cases Phrase: powers of attorney amendment act 1982 Court: rajasthan Page 3 of about 40 results (0.063 seconds)

Dr. Prushottam Lal Sharma Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : 1994(1)WLN142

..... the assistant settlement officer, jaipur vide his letter dated 28.1.1963 informed the petitioner that as per the record one shri ram lal has been acting on petitioner's behalf in the capacity of his special power of attorney and has been offering associations in various properties to the managing officer, alwar, and adjustments have, therefore, been carried out on advices received from the managing officer, alwar from time to time. ..... it was further stated that the transfer deeds have already been issued in respect of the properties without showing the petitioner as associate in the purchase of these properties the transfer deeds should be got amended and the name of the petitioner should be included in each one of these deeds as required by the rules because his consent to the non-inclusion of his name in these deeds has not been received. ..... 7 and 21 to the extent they have not been complied with so far and necessary amendment should be made in the conveyance deed and the possession of the properties should be given to the petitioner as he has failed to move the state machinery for implementation of both these orders dated 27/31.3.1964 and 23.8.1989.6. .....

Subh Machinery Corporation Private Limited Vs. Pesticides India

Court : Rajasthan

Reported in : 1986(1)WLN427

..... not material under order 17, rule 3 civil pc and the court could proceed not with standing the default to decide the suit forthwith but now after the amendment, a change has been brought about and the court has been given the power to proceed with the case forthwith only if the parties are present on such adjourned hearing but if the parties are or any one of them is not ..... the party on the adjourned hearing and could proceed with the case forthwith if the party had defaulted in carrying out of the purpose for which the adjorunment had been granted to it but after the amendment, the position is quite different and the court can proceed under order 17, rule 3 cpc only if the parties are present but if the parties are or any one of them is absent, the ..... he had not with drawn his power of attorney as required by order 3, rule 4 and, therefore, the mere fact that he pleaded no instructions cannot make him absent from the court and in this connection, he placed ..... , order 17, rule 3 does not specifically deal with the absence of the party but deals with the situation where a party to the suit to whom time has been granted, fails to do the act for which time was granted and in that situation, the court may not with standing such default proceed to decide the suit forthwith if the parties are present but if the parties are or any of ..... was filed on behalf of the plaintiff supported by an affidavit of shri mohan lal, the power of attorney holder of the plaintiff for the restoration of the suit. .....

Maganbhai Vs. Chetanlal

Court : Rajasthan

Reported in : AIR1968Raj81

..... learned civil judge held that the suit property belonged to chetanlal who held a valid power of attorney executed by chetanlal plaintiff, authorising him to grant lease of the property in dispute and also to file suit for ejectment of a tenant and that it was established by ramchandra's statement that he had ..... 'if b contracts with c prima facie that is a contract between these two only, but if at the time b entered into the contract he was really acting as agent for a, then evidence is generally admissible to show that a was the principal, and a can take advantage of the contract as if it had ..... the defendant has urged that the trial court should not have permitted the amendment of the plaint and should not have allowed chetanlal to be brought on ..... there is no substance in this plea as the amendment was allowed on the ground that due to inadvertence the name of mandirdas chetanlal in place ..... was opposed but the amendment was allowed on 13th ..... ' the same principle has been embodied in section 231 of the indian contract act which runs, as follows:-- 'if an agent makes a contract with a person who neither knows, nor has reason to suspect, that he is an agent, his principal may require the performance of ..... for amendment of the plaint was filed that in the title of the suit, the plaintiff had been wrongly mentioned as mandirdas chetanlal and that only chetan lal was the plaintiff and so the plaint may be amended. ..... amended twice and in this appeal, i am concerned only with the second amendment .....

Harsh Vardhan Kejriwal Vs. Madhav Nagar Grah Nirman Sahkari Samiti Ltd ...

Court : Rajasthan

Reported in : RLW2007(4)Raj3473

..... sanwar mal agarwal, chartered accountant as their power of attorney holder to look after the aforesaid plots of the ..... course, one of the objectives by providing for bar of jurisdiction of civil or revenue courts in section 137 was to avoid delays in litigation relating to co-operative societies and confer such powers on the registrar/arbitration tribunal under the act with powers of civil courts conferred upon them by section 135 of the act, yet it is very clear that for determination of disputes relating to civil rights like title, possession dispute as to agreement of sale etc. ..... alok sharma, learned counsel appearing for the respondents emphasised that the terms 'touching the constitution, management or the business of the co-operative society' employed in section 75 of the act are wide enough and within its ambit the dispute of the nature referred in the present case is covered and registrar alone was competent to decide such disputes and, therefore, the bar under ..... the rajasthan co-operative societies act, 1965 has been enacted to consolidated and amend the law relating to co- operative societies in the state of ..... -(1) save as provided in this act, no civil or revenue court shall have any jurisdiction in respect of,-(a) the registration of a co-operative society or of an amendment of a bye-law;(b) the removal of a committee;(c) any dispute required under section 75 to be referred to the registrar; and(d) any matter concerning the winding up the dissolution of a co-operative .....

Pukhraj Surana Vs. Jawerchand and ors.

Court : Rajasthan

Reported in : AIR1957Raj47

..... but nothing has been shown to us which makes it necessary that a person must have power of attorney before he can endorse hundis on behalf of a firm, in which, his father is a partner, and which is done at the instance of another partner ..... in this application, the defendant made two prayers, namely (1) that the issue as to consideration should be amended and made more specific, and (2) that no issues had been framed as regards the facts mentioned in paras 1, 3 & 5 of the additional grounds in the written statement, and that issues should be framed with respect of ..... not open to the court to reject them from evidence on the ground that they had not been duly stamped.the trial court in this connection relied on certain authorities under section 36 of the stamp act, and held that as those hundis were admitted in evidence on the 3-1-1950, they could not be rejected from evidence thereafter. ..... the second point that is urged is that the court below was wrong in applying section 36 of the stamp act, and in holding that the question of inadmissibility of the hundis could not be gone into as the hundis had been admitted at an earlier stage in the suit.it is urged that there was an issue on this point ..... , of opinion that the fact that the defendant admitted the execution of the hundis would not entitle the plaintiffs to get a decree upon the basis of them, because that would amount to acting on the hundis, which do not bear requisite stamp, and this is what section 35 definitely forbids. 25. .....

Madan Lal and ors Vs. Narendra Kumar and anr

Court : Rajasthan Jodhpur

..... if a power-of-attorney holder can enter into an agreement or compromise on behalf of his principal, so can counsel, possessed of the requisite authorisation by vakalatnama, act on behalf of his ..... (amendment) act, 1976, must necessarily mean, to borrow the language of o.iii, r. 1, ..... (amendment) act, 1976, namely, attainment of certainty and expeditious disposal of cases by reducing the terms of compromise to writing signed by the parties, and allowing the compromise decree to comprehend even matters falling outside the subject-matter of ..... the application was allowed by the trial court, however, the order passed by the trial court granting amendment of the plaint was questioned before this court by way of filing s.b.civil writ petition no.7295/2005 and this court by order dated 13.10.2009 allowed the writ petition and set-aside the order dated ..... as a property which is not the subject matter of a suit can form part of the compromise, merely because an amendment granted by the trial court came to be set-aside by this court cannot alter the position so as to render it ineligible to be a part of the subject matter of a ..... during the pendency of the suit, the plaintiff filed an application seeking amendment of plaint under order vi, rule 17 cpc by incorporating one more relief in the relief clause, which pertained to partition of the agriculture ..... the net result of setting aside of the order allowing amendment was that the agriculture land was not subject matter of the suit and nothing .....

Khetmal Vs. Chhaganraj and anr.

Court : Rajasthan

Reported in : AIR1968Raj123

..... in this case the executant of a document gave a power of attorney to his agent to present it for registration but died before the document was presented the registrar was aware of his death but accepted and registered the document ..... as embodying the relevant considerations in support of their decision it is significant that in pursuance of the decision in mumammad ewaz's case, (1876-77) tlr 1 all 465 (pc) section 35 of the registration act was amended so as to give effect to the privy council decision and to refuse registration only with regard to the persons denying the execution. ..... of the persons who executed it; and it is very doubtful whether the words of the section are not merely directory to the registering officer for the benefit of the parties to the deed, and whether his acting without the appearance of the parties, and upon evidence, instead of the admission of the parties of the execution of the deed, was more than a defect in procedure within the meaning of section 88 (now ..... , i am of opinion that, where a document is presented by a person duly authorised to present it, who thus initiates the jurisdiction of the registering officer, and who does all that he is required to do under the act and is guilty of no short-coming thereunder, it would be contrary to the scheme of the act, and it could not have been the intention of the legislature, that he should be punished for, any error or defect in the procedure of the registering officer subsequent to the presentation. .....

Kapil Dev and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : IV(2006)ACC711

..... 1 executed a letter of subrogation and power of attorney in favour of plaintiff no. ..... to decide the controversy, it would be profitable to quote the relevant portion of section 73 of the act:save as otherwise provided in this act, a railway administration shall be responsible for the loss, destruction, damage, deterioration or non-delivery, in transit, of animals or goods delivered to the administration to be carried by railway, arising from any cause except the following, namely-(a) xx xx xxto(i) xx xx xxprovided ..... i am concerned in this case with the railways act of 1890 after the amendment in 1961. ..... by the amendment in 1961 to the act of 1890, the liability of the railways has again been equated to that of an insurer, that is, of a common carrier. ..... section 73 of the indian railways act, 1890 deals with general responsibility of a railway administration as a carrier of animals and goods. ..... under the railways act of 1890 (ix of 1980) the liability of the railway was equated to that of bailees, instead of insurers. ..... the indian railways act, 1890 (ix of 1890) has undergone several changes from time-to-time. .....

Motilal Vs. the State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1983WLN130

..... it is thus contended that in the present case the proviso to section 4 introduced by rajasthan municipalities (second amendment) act, 1974, cannot lay down the provision in an independent manner that it would not be necessary to observe and follow the procedure laid down in the rajasthan panchayat act, 1953 for excluding the whole or part of any panchayat circle from any panchayat and to include it in any ..... any municipality the whole or a part of a panchayat circle or for declaring the whole or part of a panchayat circle as a municipality, it shall not be necessary to observe and follow the procedure laid down in the rajasthan panchayat act, 1953 (rajasthan act xxi of 1953) for excluding the whole or part of any panchayat circle from any panchayat or for declaring that any such panchayat circle has ceased to be a panchayat, not with standing anything contained in any ..... application, dated june 28, 1982 the petitioner has sought permission to add one more ground in the writ petition that the proviso added to section 4 of the act by making an amendment in the year 1974, was illegal and ultra vires the provisions of section 4 of the act itself. ..... cannot travel beyond the ambit of the main section and it is also illegal as it gave unbridled unguided and arbitrary powers to the state government to exclude any area from the panchayat without following the principles of natural justice. ..... 1951 all england law reports (supra) & attorney general v. ..... placed on the attorney general v. .....

Maharaja Shri Gaj Singh Vs. the State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1981WLN(UC)73

..... were sought to be removed with retrospective effect by inserting a provision to the effect that the amendment act shall be deemed to have come into force on april 13, 1964.3. ..... the provisions of the aci were, however, challenged on behalf of the petitioner by way of a writ petition in the high court by thakur jaikrit singh, attorney of the petitioner's mother on the ground that they were violative of article 19(1)(f) and articles 31 and 14 of the constitution of india. ..... in view of the consequences of the acquisition laid down in section 8 of the act, the collector in exercise of his powers under section 9a of the act is not required to issue a show cause notice to the land owner calling upon him to appear and make any objection to the recovery of possession of the estate from him, because right, title and interest of the ..... invalid and ultra-vires the constitution; (2) for quashing the impugned notice dated april 5, 1975 and (3) for restraining the non-petitioners from taking possession of any part of the petitioner's land in exercise of the powers under section 9a without giving an adequate notice to him to show cause against such action2. ..... after coming into force of this act, the rajasthan government in exercise of its powers under section 7 of the act issued a notification dated august 11, 1964, published in rajasthan gazette part iv(c) ordinary dated august 13, 1964, appointing the 1st day september, 1964, as the date for the acquisition and vesting in the state government all .....