Judgment Search Results Home > Cases Phrase: powers of attorney amendment act 1982 Page 5 of about 6,761 results (0.097 seconds)

Sailendra Pradhan Vs. Vipparla Jyoti and ors.

Court : Orissa

Reported in : 2006CriLJ1483; 2005(II)OLR505

..... they neither filed a petition to continue the prosecution nor sought for permission from the competent court to allow them to continue the prosecution through their power of attorney holders it was held that power of attorney holders could not continue the prosecution. ..... provision is not applicable to cases in which offences are committed under the act but the registering officer is not aware of the same in his official capacity ..... 'as per this provision where an offence under the indian registration act comes to the knowledge of the registering officer in his official capacity, a prosecution may be commenced by or with permission of any of the officers mentioned in the ..... the decision jimmy jahangir madan (supra) cited on behalf of the petitioner, one mrs bolly cariyappa hindley filed two complaints for prosecution of jimmy jahangir madan under section 138 of negotiable instruments act in which cognizance was taken and the accused was summoned. ..... last learned counsel for the petitioner submitted that as per section 83(1) of the indian registration act, a private person cannot file a complaint for prosecution under section 82 of the said act without sanction of the authorities mentioned therein. ..... (1) a prosecution for any offence under this act coming to the knowledge of a registering officer in his official capacity may be commenced by or with the permissions of the inspector-general, the registrar or the sub-registrar, in whose territories, district or sub-district, as the case may be, .....

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. .....

Harendra Prasad Sahu Vs. State of Orissa

Court : Orissa

Reported in : 2008(II)OLR35

..... the further case of the petitioner that in the licence the name of the authorized agent and the sales man had also been mentioned and that apart, the present petitioner has been appointed as a power of attorney holder of said atul sahu for conducting and attending the auction made by the excise department and to receive the licence and to enter into agreement on behalf of said atul sahu for promotion of ..... the admitted fact that the imfl 'off' shop operated by the petitioner as the power-of-attorney holder of sri atul sahu had a valid licence issued by the excise authority under the provisions of the act. ..... the petitioner being the power-of-attorney holder of sri atul sahu, the owner of the ' ..... which clearly reveals that the site details of the shop has been given by the power-of-attorney holder before the suptd. ..... it would be an abuse of process of the court, to allow any action which would result in injustice and prevent promotion of justice, in exercise of the powers court would be justified to quash any proceeding if it finds that initiation/continuance of it amounts to 'abuse of the process of court or quashing of these proceedings would otherwise ..... standing counsel appearing for the state admits that the imfl 'off' shop managed by the petitioner had a valid licence issued under the act and that because of the local disturbances, the excise commissioner, orissa, had asked the district excise administration to allow shifting of the imfl 'off' shop to a suitable and unobjectionable .....

Hanu Alias Girish Ch. Behera Vs. State

Court : Orissa

Reported in : 76(1993)CLT787; 1993(II)OLR369

..... that there was no doubt that the person aggrieved was the orissa state electricity board, and that it could act only through some person but the sub-assistant engineer would not be himself a 'person aggrieved' as there was nothing to show that sub- assistant engineer held any power of attorney from the board or that he had been specifically empowered to act on behalf of the board the prosecution was held in the case to have failed. ..... here we have the evidence of ramaswami to the effect that he held a general power of attorney from the p.e.s. co. ..... according to him, the onus is upon the prosecution to establish that it had been launched correctly by the authorised person as specified in section 50 of the act and that having not been done, the conviction of the petitioner could not be made in a defective prosecution.2. ..... institution of prosecution-no prosecution shall be instituted against any person for any offence against this act, or any rule, licence or order thereunder, except at the instance of the government, or a state electricity board, an electrical inspector, or of a person aggrieved by the same ..... the petitioner was prosecuted for theft of electrical energy under section 39 of the indian electricity act, 1910 and having been found guilty was convicted and sentenced to r1 for four months and fine of rs ..... initiation of prosecution by a junior engineer was held not to be at the instance of the persons mentioned in sec 50 of the act and the fact was held as fatal to the prosecution. .....

P.V. Mani and ors. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1986Ker86

..... , in nachane's case : (1982)illj110sc :-'the present attempt made by the 1981 amending act and the rules thereunder to scuttle the payment of bonus with effect from a date anterior to the date of the enactment must ..... revenue ilr (1979) ker 275, upholding the validity of an amendment to the kerala state and subordinate services rules with effect from the date of promulgation of those rules -- 17-12-1958 -- in exercise of the power under section 2 of the kerala public services act, 1968 since section 3 of that act had provided for continuance of existing rules as if made under that act by deeming that the 'act had been in force on the date on which such rules were ..... the transferred employees, who were to continue in the service of the corporation on the pre-existing service conditions were, however, subject to the power of the central government under sub-section (2) of section 11 of the act, on its satisfaction that in public interest and in the interests of its policy holders so to do, to standardise service conditions of such transferred employees whether by way of reduction or otherwise of the remuneration and to alter other terms and ..... 'and (para 10) 'we think the attorney-general was right in his submission that what has been said of section 6 of the essential supplies (temporary powers) act should hold good for sub-section (2-c) of section 48 of the life insurance corporation act which is similar in terms insofar as it authorises the central government to make rules by passing .....

Jagdish NaraIn Vs. Rasul Ahmad and ors.

Court : Allahabad

Reported in : AIR1952All29

..... it is not necessary for us to express an opinion upon the proposition whether the power of an advocate or pleader in india to compromise a suit even though he is authorised to act under a written power-of-attorney can be referred to his implied authority or it should be found within the four corners of his power of attorney, because in our opinion, in the present case upon the inter. ..... 98, where their lordships observed :'a pleader, who does not hold and has not filed in the suit before the court has client's general power of attorney authorising him generally to compromise suits on behalf of his clients, cannot be recognised by a court as having any authority to compromise the suit unless he has filed in the suit his client's vakalatnama giving him authority to compromise the ..... there was evidence before the court to show that the plaintiff was told at the time the power-of-attorney was read out by the scribe that the power to compromise given by the deed was with respect to disputes between tenants and not with respect to suits. ..... rule 4, order 3 was subsequently amended by the code of civil procedure (second amendment) act, 1926 (xxii [22] of 1926). ..... sub-rule (5) of the rule as amended empowers a pleader to plead (but not to act) upon filing a memorandan of appearance signed by himself. .....

Girnari Devi and ors. Vs. Gopal Dass and anr.

Court : Punjab and Haryana

Reported in : (2003)133PLR136

..... 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 of vakalatnama, act on behalf of his client, not to recognise such capacity is not only to cause much inconvenience and loss to the parties personally, but also to delay the progress of proceedings in ..... is factually incorrect that the petitioners did not execute any power of attorney/vakalatnama in favour of shri gian chand sharma, advocate. ..... and by shri gian chand sharma, advocate, learned counsel for the petitioners in the appeal, who was duly authorised by the power of attorney/vakalatnama in his favour to enter into compromise. ..... (amendment) act, 1976 necessarily mean and include duly authorised representative and ..... (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 position before the amendment in 1976 was that, in respect of the former, the decree was executable but in respect of the latter it was to executable though admissible as judicial evidence of its ..... after the cpc amendment of 1976 a consent decree is executable in terms thereof even if it comprehends matters falling outside the subject-matter of the suit, but concerning the ..... is no such declaration of policy or indication of intent in amended order 23, rule 3. .....

Ruby Leather Exports Vs. K. Venu

Court : Chennai

Reported in : [1995]82CompCas776(Mad)

..... one of the counsel if the time span, stipulated under clauses (a), (b) and (c) of section 138 of the negotiable instruments act can be allowed to be thwarted in the event of this court holding that a power of attorney will be competent to initiate a private complaint by stepping into the shoes of the payee or the holder in due course ..... prosecutor referred to section 1a of the power of attorney act, which defines 'a power of attorney' as including any instrument empowering a specified person to act for and in the name of the ..... murugan, learned counsel appearing on behalf of the petitioner, while contending that a power of attorney was not competent to initiate a complaint under section 138 of the act, to be validily taken cognizance of by the trial magistrate referred to section 9 of the same act, wherein 'holder in due course' has been defined to mean any person who for consideration became the possessor of a promissory note, bill of exchange or cheque if payable to bearer, or the payee or endorsee thereof ..... while inserting chapter xvii, comprising sections 138 to 142, with effect from april 1, 1989, in the negotiable instruments act, the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 (66 of 1988), stated that it was so done with a view to enhance acceptability of cheques in settlement of liabilities by making the drawer liable for penalties in case of bouncing of cheques due to insufficiency of funds in ..... of the amendment act states. 14 .....

Surya Kant J. Vs. State of Punjab and ors.

Court : Punjab and Haryana

..... while challenging the vires of section 2[c].of the punjab package deal of properties [disposal].amendment act, 2009 whereby the definition of 'standard acre' contained in section 2[3].of the punjab package deal [properties].act, 1976 has been amended, also seek quashing of the orders dated 30.03.2010 and 25.08.2010 [annexures p-2 ..... in connivance and collusion with the officials of the rehabilitation department who dig out the unsettled claims.disclose these details to real-estate dealers.who in turn manage to secure power of attorney by keeping the actual allottee in the dark?. ..... may be even before that, there is one k.s.grewal who has filed one or the other petitions/representations to the authorities as a new attorney of the allottee(s).the present petition has also been filed by that k.s.grewal only on the basis of a power of attorney allegedly executed on 18.09.2003. ..... [5].it was thereafter that the punjab package deal of properties [disposal].amendment act, 2009 was legislated to settle the pending claims.whereunder the definition of 'standard acre' has been altered detrimentally to the interest of the pending claims as the size of the ..... , one zora singh who was attorney of gurdas mal was running from ..... meanwhile, there was another attorney ajit singh son of bhagat singh who claimed ..... how could there be an authorized attorney in the year 1995 of a person who had died some where in ..... which was further sold for rs.7000/- by ajit singh who relinquished his rights as an attorney of smt. .....

Kashibai Waman Patil (since deceased through her heirs and Legal repre ...

Court : Mumbai

..... decision that would be rendered against the plaintiffs as it will ultimately affect the right, title and interest of the applicants in the said property and in view of the agreements executed in favour of the applicants and an irrevocable power of attorney issued in favour of applicants, there is an enforceable legal right in favour of the applicants and hence the applicants are necessary parties. 4. ..... all the plaintiffs had executed a development agreement and an irrevocable general power of attorney both dated 3rd september 2005 and both registered on 11th november 2005 whereby the applicants claim to have been put in possession of the suit property ..... pursuant to the said power of attorney, applicant nos.2 and 3 with the said more had signed and verified the present suit for and on behalf of the ..... iii) code of civil procedure was amended in 1976 vide amending act 104 of 1976. ..... as per the power of attorney, the applicant nos.2 and 3 and one more person by name keshavrao ..... by the amendment act 104 of 1975, the said remedy of appeal from order was deleted and proviso was added to rule 3 putting a mandate on the court, which passed consent decree, to decide the question, whether the agreement or compromise ..... prior to amendment, an order passed under rule 3 recording or refusing to record compromise was made appealable under order 43 rule 1(m) and 1(o) ..... further the applicants would be in a position to point out fraud/ fraudulent acts and, therefore, not lawful, as contemplated by order. .....