Judgment Search Results Home > Cases Phrase: powers of attorney amendment act 1982 Page 9 of about 6,761 results (0.148 seconds)

Vishankumari Udaysingh Varma Thr. her Daughter and Constituted Attorne ...

Court : Mumbai

..... as the appellants had pleaded fraud in the plaint the suit was not barred under order xxiii rule 3a, it would be useful to note the provisions of order xxiii rule 3 and rule 3a as inserted by cpc (amendment) act,1976 and the legislative scheme as flows therefrom: o.xxiii r.3.compromise of suit where it is proved to the satisfaction of the court that a suit has been adjusted wholly or in part by any lawful agreement or compromise ..... : (i) the consent terms on record are totally different from those which were shown to the defendant no.7; (ii) the signatures of their power of attorney only appears on the last page of the consent terms while the signatures of other parties are on every page of the consent terms; (iii) for defendant no.10 the defendant no.7 as well as nitin ..... the supreme court in the case of banwari lal vs chando devi (supra) considered the purpose and object of the code of civil procedure, 1908 amendment act 1976 and held that the proper remedy for the party assailing a decree on compromise will be to file an application to recall the order regarding the compromise entered into between the ..... by adding the proviso along with an explanation the purpose and the object of the amending act appears to be to compel the party challenging the compromise to question the same before the court ..... provides that such adjustment, satisfaction or compromise if is void or voidable under the indian contract act,1872, then it shall not be deemed to be lawful for the purpose of rule 3 .....

Anita Anand vs.gargi Kapur & Ors

Court : Delhi

..... -- (1) xxxx xxxx (2) xxxx xxxx (3)where a hindu dies after the commencement of the hindu succession (amendment) act, 2005, his interest in the property of a joint hindu family governed by the mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,-- the daughter is allotted the same share as is allotted to a son; the ..... by amending the old act by the benami transactions (prohibition) amendment act, 2016, the legislators while recognizing and maintaining the said exception contained in section 3(2) and 4(3) of the old act, for abundant clarity, by virtue of section 2(9)(a)(b)(ii) and section 2(9)(a)(b)(iii) of the amended act, specifically excluded transactions of the nature pleaded by the plaintiff from the very definition of benami transactions. ..... joginder nath kapur also got executed an irrevocable general power of attorney in his own name. ..... the said general power of attorney in the name of sh. ..... a property is allotted or transferred to a female in lieu of maintenance or a share at partition, the instrument is taken out of the ambit of sub-section (2) and would be governed by ia no.4817/2017 in cs(os) no.3489/2014 page 11 of 20 section 14(1) despite any restrictions placed on the powers of the transferee. .....

A.M. Chakrabortty Vs. Ved Vrat and ors.

Court : Delhi

Reported in : 1986(2)Crimes49; 30(1986)DLT165; 1985(9)DRJ328

..... section (3) of section 468 which has been added by the code of criminal procedure (amendment) act of 1978 provides for limitation in relation to offences which may be tried together. ..... chakraborty who was holding a power of attorney from all the above-mentioned heirs of the deceased, lodged a complaint at police station kalkaji that in the absence of the owners of the properly in question he was looking after the same and the first floor ..... the other hand, advertising to certain recitals in the power of attorney executed by smt. ..... in the alternative, assuming argued that to constitute an offence under section 379 indian penal code actual removal of the goods from the place of its storage must be there, the act of the respondents would amount to an offence of criminal misappropriation under section 403 indian penal code all that is necessary for an offence under section 403 is that there should be misappropriation or conversion with the intention of ..... it may be noticed here that the words 'with the previous sanction", which occurred in the code prior to the amendment of 1923, before the words "on a complaint in writing" in clauses (a), (b) & (c) of sub-section (1) ..... made out under the second part of section 441 but where the original entry is itself unlawful the possession must be presumed to have commenced with unlawful entry and as such there can be no fresh act of criminal trespass on any subsequent date unless, of course, there is reentry by the lawful owner. ..... others, 1982 cri. l.j .....

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. .....

Gangayya and anr. Vs. S. Mandan Chand Samdaria and ors.

Court : Chennai

Reported in : AIR1973Mad262; (1973)1MLJ55

..... only question therefore before the courts below was whether the tenancy commenced prior to 12-9-1955, on which date the madras city tenants protection (amendment) act came into force as contended by the defendants or whether the tenancy was created only on and from 1-4-1956 as contended by the ..... lease deed executed between the first defendant and the power of attorney agent of the predecessor in title of the plaintiffs. ..... 1-4-1955 and it has been signed by the power of attorney agent of the lessor. ..... dated 20-10-1964 issued by the plaintiffs, the defendants sent a reply notice dated 27-10-1964 in which they specifically stated that the tenancy commenced before 12-9-1955, when the madras city tenants protection (amendment) act 1955 came into force, and that, therefore, they are entitled for protection under the amended act. ..... that the tenancy was from 1-4-1955, prior to the coming into force of the madras city tenants protection (amendment) act, 1955, and that, therefore, they were entitled to the protection under section 9 of the act. ..... it is true that the onus of proving that the defendants were entitled to the protection under the city tenants protection act was on defendants, but they have discharged that onus by producing evidence in support of their case that the tenancy commenced on and ..... under paragraph 3 of section 107 of the transfer of property act, where a lease of an immovable property is made by a registered document, such instrument shall be executed by both the lessor .....

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. .....

Shri Kudli Sringeri Maha Samsthanam Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1992KAR1827; 1992(3)KarLJ258

..... in fact, the order by which the deputy commissioner had determined the compensation payable to kudli sringeri mutt the inamdar under section 21 of the principal act having been reviewed by the deputy commissioner in exercise of the power of review invested in him under section 21a of the principal act as amended by the amendment act of 1969, the state government feeling aggrieved against that order made on review, filed an appeal respecting it before the karnataka appellate tribunal under section 29 of the principal ..... inams and inam villages, were found not to have properly adjudicated upon such amount of compensation, the state legislature, by enacting the amendment act of 1969, inserted into the principal act section 21-a investing in the deputy commissioners the power of reviewing their earlier orders made under section 21 and correcting them, at the same time amending section 29 so as to enable the aggrieved party including the state government to question the correctness of the order of the deputy commissioner ..... subsequently by act 3 of 1982, the karnataka land reforms act was amended retrospectively substituting the second proviso to section 51 and omitting clause (iii) thereof. ..... . in dealing with an argument of the attorney general respecting the decision of the punjab high court made in a writ petition deciding the question of age of the judge concerned, it was observed by the supreme court thus;'this argument is obviously misconceived .....

Vinod Krishna Kaul and Others Vs. the Lt. Governor N.C.T. of Delhi and ...

Court : Delhi

..... : (i) the legislative assembly for the national capital territory lacked the legislative competence to enact the delhi municipal corporation (amendment) act, 2003; (ii) the presidential assent in the manner stipulated in article 239aa(3)(c) was not there; (iii) the unit area method is not a recognised system of valuation; (iv) there are no guidelines for the exercise of power under the new section 116a and for classification; and (v) a flat rate of taxation under the unit area ..... the supreme court also noted that in the year 1991, the constitution provided for the establishment of a legislature for the union territory of delhi (national capital territory of delhi) by the 69th (amendment) act but, the legislature so created was not a full-fledged legislature nor did it have the effect of transforming the status of delhi from a union territory to that of a state within the meaning of chapter i of part xi of the constitution. ..... and, since the legislative assembly of the national capital territory did not have the power to make a law in respect of entry 18 of the state list, it, consequently, lacked legislative competence while enacting the amendment act of 2003 by which a new regime of property taxes based on the unit area method had been put in place replacing the old regime of property taxation under the said act of 1957 which had been enacted by parliament. ..... as pointed out by the learned attorney general, various union territories are in different stages of evolution. .....

Pijush Kanti Mondal Vs. State of West Bengal

Court : Kolkata

Reported in : (1993)2CALLT252(HC),97CWN875

..... indeed the power of confiscation of a vehicle as given to the authorised officer in sub-section (3) of section 59-a of the indian forest act, 1927 as inserted by the west bengal amendment act of 1988 is more or less similar to the power given to the authorised officer under section 56(2-a) of the orissa forest act as can be gathered from the said decision of the orissa high court. ..... this power to compound offences under section 68 has however been subjected to very substantial amendment by two west bengal amendment acts, viz. ..... the original sub-section (3) of section 68 was however substituted by an altogether new sub-section (3) by the west bengal amendment act of 1975 under which a forest officer not below the rank of a forester can be empowered to compound an offence, but the limit of compensation that can be accepted for the offence was raised to one thousand one hundred ..... sub-section (3) of section 59-a, which section has been inserted by the west bengal amendment act in the indian forest act runs thus :'(3) where any timber or other forest-produce which is the property of the state government is produced before an authorised officer under sub-section (1) and the authorised officer is satisfied that a forest-oftence has ..... subsequently however a power of attorney in respect of the truck was executed by bimal chandra kar and sukumal kar in favour of pijush kanti mondal and it was projected that the vehicle was sold by them to pijush mondal about 8/9 months before its .....

Sri Jagadev Biradar Vs. State of Karnataka

Court : Karnataka

..... government advocate and shri mohammed dastagir, advocate for respondent nos.2 to4) this writ petition is filed under articles 226 and 227 of the constitution of india praying to declare the karnataka motor vehicle taxation amendment act 2014 vide annexure-j as unconstitutional, illegal, and ultra vires and etc; these writ petitions having been heard and reserved on 22.2.2016 and coming on for pronouncement of orders this day, the court delivered ..... aswathy biswas, daughter of biswas odassery achuyuthan pillai, aged about 25 years, residing at no.33, rainbow drive colony, sarjapur road, bangalore 562 125, represented by her power of attorney holder, biswas odassery achuyuthan pillai. ..... aditya sondhi, appearing for the counsel for the petitioner in wp5942015 and 11 leading the arguments for the counsel for the petitioners in the connected cases, contends that the karnataka motor vehicles taxation act, 1957 (hereinafter referred to as the kmvt act , for brevity) is enacted in exercise of the powers conferred on the state legislature under entry 57 of list ii of the seventh schedule to the constitution of india, while the motor vehicles ..... it is contended that this court had occasion to interpret section 47 of the mv act vis-a-vis the power of the state government to impose lifetime tax under section 3 and the schedule , in the case of mahesh c ..... and that no legislature in the country has the power to ask the instrumentalities of the state to disobey or disregard the decisions given by .....