Judgment Search Results Home > Cases Phrase: powers of attorney amendment act 1982 Page 12 of about 6,761 results (0.066 seconds)

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... works contracts. the power to impose this tax became available to the state legislatures as a result of the amendments introduced in the constitution by the constitution (forty-sixth amendment) act ..... 617].418. without commenting on the view canvassed by the learned attorney- general that the 99th constitution amendment act has actually removed the basis of the judgment delivered by this court in the second judges case the constitutional validity of the said amendment will nevertheless need to be tested on that assumption, keeping in mind the ..... nothing more. but, in view of the submission made by the learned attorney-general that the only question for consideration is the constitutional validity of the 99th constitution amendment act and the njac act the issue of reconsideration becomes academic and it is not at all necessary at present to express any further view ..... into force, consequent upon the notification issued by the central government in the official gazette on 13.4.2015, the consideration of the njac bill and the passing of the njac act, prior to the coming into force of the constitution (99th amendment) act, would render it null and void, the learned attorney general invited our attention to article 118, which authorizes, each house of parliament, to make rules for regulating their procedure, in the matter of conducting their business .....

Alyeska Pipeline Svc. Co. Vs. Wilderness Soc'y

Court : US Supreme Court

..... analyzing the attorneys' fee provision in 718 of the education amendments act of 1972, the court in bradley v ..... only two years ago, in a member's suit against his union under the "free speech" provisions of the labor-management reporting and disclosure act, we held that it was within the equitable power of the federal courts to grant attorneys' fees against the union, since the plaintiff had conferred a substantial benefit on all the members of the union by vindicating their free speech interests ..... more recently, the court gave its formal sanction to the line of lower court cases holding that the fee statute imposed no restriction on the equity court's power to include attorneys' fees in the plaintiff's award when the defendant has unjustifiably put the plaintiff to the expense of litigation in order to obtain a benefit to which the latter was plainly entitled ..... [ footnote 23 ] "that, for the purpose of further diminishing the costs and expenses in suits and proceedings in the said courts, the supreme court shall have full power and authority, from time to time, to make and prescribe regulations to the said district and circuit courts, as to the taxation and payment of costs in all suits and proceedings therein; and to make and prescribe a table of ..... 284 -285, after concluding that the federal courts have equitable power which can be used to create and implement a private attorney general rule, attempts to solve the problems of manageability which such a rule would necessarily raise .....

N.K. Verma Vs. Batliboi and Co. Ltd.

Court : Delhi

Reported in : 1997IIIAD(Delhi)889; 67(1997)DLT242; 1997(41)DRJ559

..... - supra, the apex court went to the extent of observing that even in cases where there was absence of a resolution or power of attorney but the pleadings had been signed by one of the officers, the corporation could ratify the said action of its officer in signing the ..... this case, the first power of attorney was not a duly authenticated one by the notary and hence was not valid to give any authority to the attorney to act on behalf of the ..... these facts and circumstances of the case and especially since the essential plea already exists, it was not necessary to seek a specific amendment to plead the factum of the board meeting of 24-1-1996 and the resolution passed on the said date. ..... he submitted that the proper course was to move an amendment of the plaint and once the amendment was allowed, he would have no objection to the documents sought to be produced on record being proved in ..... of the petitioner, submitted that reference and reliance in the impugned order, to the alleged admissions in (he earlier written statement was of no consequence as amendment had been permitted. ..... the petitioner thereupon, amended the written statement, wherein it admitted the respondent being a limited company but ..... however, it subsequently sought an amendment of the written statement, which was allowed by this ..... were subsequent events of which the court could take judicial notice, without going through the requirement of a formal amendment being permitted. ..... in the amended written statement, the appointment .....

Chhayemannessa Bibi Vs. Basirar Rahman

Court : Kolkata

Reported in : (1910)ILR37Cal399

..... where there is no doubt as to the fact that the mukhtiar who filed the application for execution had in fact authority from the decree-holder, and that his name was omitted by mistake from the power-of-attorney, it is, in our opinion, reasonable to hold that the court may in its discretion allow the power to be, amended upon proper application by the decree-holder for the insertion of the name of the attorney.10. ..... the second clause of the section deals with certificated mukhtiars, who, when holding special powers-of-attorney authorising them to do on behalf of their principals such acts as may legally be done by mukhtiars, may appear or act. ..... section 37 of the code, however, does not define a power-of-attorney, nor is any definition given elsewhere in the civil procedure code, or in the general clauses act.6. ..... 12 shows that an attorney who acts without a written authority may find himself in trouble if his client denies that he had authority to institute the proceedings; and lord eldon observed that a solicitor must furnish himself with an authority in writing (street on ..... a question might, perhaps, therefore arise as to whether a power-of-attorney, for purposes of section 37, must always be in writing in other words, whether authority to act, when conferred upon a certificated mukhtiar, must be by a written instrument.7 ..... 37, which deals with recognised agents, specifies the classes of persons by whom appearances, applications, and acts may be made or done on behalf of the parties. .....

Jackson and others (Appellants) Vs. Her Majesty's Attorney General (Re ...

Court : House of Lords

..... but i also agree with them and also the attorney general that the breadth of the power to amend the 1911 act in reliance on section 2(1) cannot depend on whether the amendment in question is or is not relatively modest. ..... in aid the observations of lord donaldson of lymington speaking extra-judicially in support of his parliament acts (amendment) bill (hl hansard, 19 january 2001, cols 1308-1309): "as your lordships well know, it is a fundamental tenet of constitutional law that, prima facie, where the sovereign parliament - that is to say, the monarch acting on the advice and with the consent of both houses of parliament - delegates power to legislate, whether to one house unilaterally, to the king or queen in council, to a minister or to whomsoever, the ..... (5) even if, contrary to the appellants' case, the court of appeal was right to regard section 2(1) of the 1911 act as wide enough to authorise "modest" amendments of the commons' law-making powers, the amendments in the 1949 act were not "modest", but substantial and significant. 8. ..... the court of appeal concluded (in paras 98-100 of its judgment) that there was power under the 1911 act to make a "relatively modest and straightforward amendment" of the act, including the amendment made by the 1949 act, but not to making "changes of a fundamentally different nature to the relationship between the house of lords and the commons from those which the 1911 act had made". .....

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

..... versus union of india and others, in which affidavit union of india with respect to the constitution (one hundred and second amendment) act, 2018 has pleaded that power to identify and specify the socially and educationally backward class list lies with parliament, only with reference to central list of socially and educationally backward class ..... .180. the learned attorney general who represented the union argued that there is no question of the 102nd amendment act or any of its provisions violating any essential feature of ..... learned attorney general reiterates the above stand in 71 respect of the constitution (one hundred and second amendment) act, 2018.81 ..... 342a. we see no reason to 387 reject the submission of learned attorney general for india and learned senior counsel appearing for the states that the 102nd constitutional amendment was not intended to take away the power of the state regarding identification of backward class for services in the state or educational institutions in the ..... constitution.84. the learned attorney general, appearing on account of notice issued by this court, urged that the 102nd amendment did not bring about a radical change in the power of identification of backward classes, in relation to states, and that this power continues to remain ..... referring to the other backward caste list, with regard to the state of punjab, the learned attorney general submits that in the central list, there are 68 castes and whereas in the state list, there are 71 castes .....

State of M.P. Vs. Rakesh Kohli and anr.

Court : Supreme Court of India

..... clause (f) and (f-1) duty has been paid on the power of attorney and a conveyance relating to that property is executed in pursuance of power of attorney between the executant of power of attorney and the person in whose favour it is executed, the duty on conveyance shall be the duty calculated on the market value of the property reduced by duty paid on the power of attorney".the objects and reasons for the above amendment were to check the tendency to execute power of attorney authorising the attorney to sell or transfer immovable property in place of a conveyance deed ..... 2(21)] not being a proxy:-when authorizing one person or more to act in single transaction, including a power of attorney executed for procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents;fifty rupeeswhen authorizing one person to act in more than one transaction or generally; or not more than ten persons to act jointly or severally in more than one transaction or generally;one hundred rupeeswhen given for consideration and authorizing the .....

Jamaldeen Abdul Latheef and Another Vs. Abdul Majeed Mohamed Mansoor

Court : Sri Lanka Supreme Court

..... act has been amended by the law of property (miscellaneous provisions) act of 1989 (c 34), and as so amended, section 1(1) of the powers of attorney act of 1971 would read as follows:- 1(1) an instrument creating a power of attorney shall be executed as a deed, or by direction and in the presence of, the donor of the ..... subsequently amended, may not be a stumbling block to an argument in favour of applying the english provisions relating to the execution of a power of attorney by an individual, as the local powers of attorney ordinance is confined, as clearly set out in its preamble, to the registration of written authorities and powers of attorneyand there is no contrary provision in regard to the execution of powers of attorney ..... circumstances, i am of the opinion that the respondents have failed to furnish sufficient evidence to satisfy court that the applicable formalities of the law have been complied with in executing the power of attorney, or to show, as contemplated by section 69 of the evidence ordinance, which is applicable to proof of any document executed abroad, that the attestation of one attesting witness at ..... , and also into express and tacit; and while he points out that there are many things which cannot be done under a general power of attorney (among others, sales and alienations), but which require a special power, he indicates no such difference under the further division into express (quod expressum verbis sit [aut literis]) and tacit mandates, which is ..... 1982 .....

Union Of India Vs. Rajendra N Shah

Court : Supreme Court of India

..... in this judgment, apart from a challenge made on substantive grounds, the constitution (46th amendment act), 1982 was challenged on the ground that the proviso to article 368(2) had not been followed inasmuch as the ambit of entry 54 list ii dealing with a tax on sale of goods had been expanded by inserting a definition contained in article ..... venugopal, the learned attorney general for india, has submitted, relying upon the statement of objects and reasons, that 16 the constitution 97th amendment act sought to achieve vital social and economic objectives in regard to the functioning of co-operative societies in india, which is a sector that has made a significant contribution to the economy of the ..... the learned attorney general, on a reading of several judgments of this court dealing with ratification of constitutional amendments, argued that there is no change either directly or in effect to article 246(3) of the constitution of india, from which the legislative power of the states contained in list ii of the 7th schedule flows, or in entry 32 of list ii of the 7th ..... he also strongly relied upon the very judgments cited by the learned attorney general to argue that, in effect, as a direct inroad is made into article 246(3) and entry 32 list 2, such amendment would have to be struck down for want of ratification as it impacts a very important part of the constitution, namely, the federal structure and the distribution of legislative powers between the union and the states. .....

Jaykumar B. Patil Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (1993)44ITD631(Pune.)

..... this decision was followed by the patna high court in the case of gouri kumari devi (supra), where a memorandum of appeal signed by the power of attorney was originally presented in time but when after period of limitation had expired the case came up for hearing the assessee presented a petition for amending the memorandum of appeal and filed a fresh memorandum of appeal signed by her. ..... the cwt(a) noted that the stamp paper was dated 18th october, 1989 and the execution of general power of attorney on 3-4-1991 was not in accordance with section 52b of the bombay stamp act, 1958, because it was not a valid stamp paper and therefore, any power of attorney executed on the stamp cannot be treated as valid in the eye of law. ..... the cwt(a) resolutely held that the appeals were not signed in accordance with rule 5(2) of the wealth-tax rules, 1957 read with section 15a of the wealth-tax act, 1957 as the power of attorney filed was not valid. ..... mistake, defect or omission in such return of wealth, assessment, notice, summons or other proceeding if such return of wealth, assessment, notice, summons or other proceeding is in substance and effect in conformity with or according to the intent and purpose of this act.a reading of the aforesaid section shows that no return of wealth furnished or purported to have been furnished shall be invalid or shall be deemed to be invalid merely by reason of any mistake or defect or omission in such return, if such return is in substance and .....