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Judgment Search Results Home > Cases Phrase: powers of attorney act 1882 amending act i powers of attorney amendment act 1982 Court: gujarat Page 1 of about 5 results (0.036 seconds)

Feb 05 1982 (HC)

Parikh Amratlal Ramanlal and ors. Vs. Rami Mafatlal Girdharlal and ors ...

Court : Gujarat

Reported in : (1982)2GLR337

..... clause (a), which is material for our purpose, has been completely substituted for original order 3, rule 2(a) by gujarat amendment of 1961 which reads as under:(a) persons holding on behalf of such parties either:(i) a general power of attorney, or(ii) in the case of proceedings in the high court of gujarat an advocate, and in the case of proceedings ..... (a) of rule 2 of order 3 has stood repealed by section 97 of the code of civil procedure (amendment) act, 1976.the aforesaid grounds pressed in service by the learned member of the tribunal to base his conclusion that a power of attorney holder of a party in judicial proceedings before the mamlatdar has no right to depose on oath on behalf of ..... consider the question as to whether the facts about the bona fide requirement of the landlord, in the light of section 13(1)(g) of the bombay rents, hotel & lodging house rates control act, could be deposed to by his power of attorney holder. in this case the landlord in order to prove his case for bona fide requirement did not examine himself before ..... said amendment act, in view of section 97(1) of the code of civil procedure (amendment) act, 1976. it was contended that the aforesaid reasoning of the tribunal is patently erroneous.5. the contentions raised by mr. s.r. shah, learned advocate for the petitioner are well sustained. the learned member of the tribunal has based his conclusion to the effect that a power of attorney holder .....

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May 05 1992 (HC)

Gorva Vibhag Co-operative Housing Societies Association and anr. Vs. S ...

Court : Gujarat

Reported in : (1992)1GLR654

..... . state of bombay : [1955]1scr799 this court has approved the above principle in the context of two pieces of legislation, namely, the essential supplies (temporary powers) act, 1946 as amended by act lii of 1950 (a central act) and bombay act no. xxxvi of 1947 the provisions whereof in the context of enhanced punishment were repugnant to each other. the court held that the question of ..... after obtaining the president's assent on june 1958, and sections 32a and 32b read with article 20(a) and (b) of schedule i to the act as amended by the gujarat act 21 of 1982, is challenged on various grounds. by amendment of article 20(a) and (b), it is provided that the stamp duty on conveyance is to be charged on the basis of ..... which such property would have fetched if sold in open market on the date of execution of such instrument.32a. (1) if any officer registering under the registration act, 1908 an instrument of conveyance, exchange, gift, partition, partnership or settlement or power of attorney or any person referred to in section 33, before whom such instrument is produced or comes in the performance of ..... in a proviso with further additions. discussing the nature of the power of the dominion legislature, canada, in relation to that of the provincial legislature, in a situation similar to that under section 107(2) of the government of india act, it was observed by lord watson, in-attorney-general for ontario v. attorney-general for the dominion' 1896 ac 348 (a), that though .....

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Oct 05 1996 (HC)

Shailesh Jadavji Varia Vs. Sub-registrar and ors.

Court : Gujarat

Reported in : (1996)3GLR783

..... case, certain guidelines were issued by the state of punjab under the stamp act, 1899 as amended by the punjab stamp act, 1982. they provided sub-registrar to act quasi-judicially while exercising power under section 47-a of the punjab act, which laid down manner of valuation of instrument. dealing with the guidelines the ..... act of 1958 but inserted in 1982. it came to be amended again by the gujarat amendment act of 1994. the amended provision now reads as under:32a, determination of market value of property which is the subject-matter of conveyance, etc.:(1) every instrument of conveyance, exchange, gift, certificate of sale, partition, partnership, settlement, power of attorney ..... to sell immovable property when given for consideration or transfer of lease by way of assignment presented for registration under the provisions of registration act ..... 1982, provides for determination of market value of property which is the subject-matter of conveyance. the said provision is material for our purpose and requires to be quoted in extenso.32a. (1) if any officer registering under the registration act, 1908, an instrument of conveyance, exchange, gift, partition, partnership or settlement or power of attorney .....

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Jun 13 2011 (HC)

Kutch Construction Industries and Rehabilitation Federation Vs. State ...

Court : Gujarat

..... respect of which the proper duty has been determined by him under sub-section (3) or an instrument executed before the date of the commencement of the bombay stamp (gujarat amendment) act, 1982 call for and examine the instrument vibhag co-operative ... vs state of gujarat and ors. on 5 may, 1992 for the purpose of satisfying himself as to the correctness of ..... which the proper duty has been determined b him under sub-section (3) or an instrument executed before the date of the commencement of the bombay stamp (gujarat amendment) act, 1982) (guj. 21 of 1982) call for examine the instrument for the purpose of satisfying himself as to the correctness of the consideration or of the market value of the property which is the ..... which such property would have fetched if sold in open market on the date of execution of such instrument. 32a. (1) if any officer registering under the registration act, 1908 an instrument of conveyance, exchange, gift, partition, partnership or settlement or power of attorney or any person referred to in section 33, before whom such instrument is produced or comes in the performance of ..... under entry 63 of the state list. therefore, there is not merit in the contention that there is any lack of competence in the state legislature to pass the impugned amendment act of 1984. 8.2. both the above decisions of the first full bench as well as second full bench were referred to larger bench consisting of five judges in the .....

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Apr 02 1996 (HC)

Oza Trikambhai Mohanlal Vs. Prajapati Mangaldas Shivram Through His He ...

Court : Gujarat

Reported in : (1997)1GLR426

..... this revision application is being decided by this judgment.5. it may be stated that the suit is filed by mohanlal joitaram oza through his power of attorney holder being r.c.s. no. 236 of 1990 against the defendant mangaldas shivram prajapati who is now deceased and is represented by his leagal ..... may be stated at this stage that despite recommendation of law commission of india to delete section 115 from the cp. code while amending the c.p. code by amendment act, 1976 the legislature has thought it fit to maintain revisional jurisdiction of the high court, obviously, subject to certain conditions which are now ..... that the order in question which is passed by the trial court would amount to 'case decided' within the restricted meaning of said term prior to amendment of section 115 of c.p.c. and in any case it would definitely fall within the meaning of said expression because of explanation which is ..... section 115 of c.p. code. the entire proviso to sub-section (1) of section 115 of c.p. code is added by amendment act of 1976 and sub-section (2) of section 115 and explanations are also added by the amendment act, 1976. explanation which is added being material for the purpose of this c ..... and reaching any definite finding on the question as to whether the document was sufficiently stamped. under proviso to section 35 the trial court has power to fix up the amount required to make it sufficient stamp duty together with penalty and to call upon the party to affix the difference between .....

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Dec 14 2006 (HC)

Husenabibi Wd/O Amirbhai Yasinbhai and anr. Vs. Abdulmiya Kasammiya Ku ...

Court : Gujarat

Reported in : AIR2007Guj56

..... the notice for attornment was received by the plaintiffs. in view of the same and considering the plaintiff's evidence, (evidence of samatullah khan, power of attorney holder of plaintiffs) as well as considering the documentary evidence and other evidence on record, the plaintiffs have failed to make out their case about ..... no compensation shall be awarded under section 21(5) unless the relief for compensation has been claimed either in the plaint or included later on by amending the plaint at any stage of the proceedings. 46. in the instant case, no such relief is prayed by the plaintiffs and therefore, there was ..... to ulc proceedings and no permission was required under the ulc act. 29. so far as plaintiffs are concerned, even though they were parties to the agreement, they have not deposed before the court but the evidence is given by their power of attorney holder, samatullah khan at exh.59. said witness has stated ..... the property could have been purchased. it is also required to be noted that when the plaintiffs received the notice from defendants no. 1 to 3 on 27-12-1982, for the first time, they came to know that defendants have cancelled the banakhat, yet they have not taken any steps by ..... , however, the plaintiffs had informed him that they do not have financial capacity. said witness has also stated in his evidence that on 20-12-1982, a notice was given to the plaintiffs, which is at exh.66, informing them that banakhat in question is cancelled and amount of earnest money .....

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May 01 1996 (HC)

Kishanchandra Chandansingh Rao Vs. Vasumatiben Maganlal Manani

Court : Gujarat

Reported in : (1996)2GLR714

..... was not validly commenced. the court also took the view that such a defect cannot be cured by amendment and the only course open to suitor is to file a fresh suit. though there existed a distinction between general power of attorney and specific power of attorney where parties specifically authorise to sign a plaint in a suit instituted on behalf of donee. it is ..... of a minor can appoint recognised agent and whether such next friend has power to pass a general power of attorney in respect of the minor's property. ordinarily a general power of attorney would entitle the attorney to file suits in the name of unspecified minor. a person acting under such general power of attorney has no authority either to present the plaint or to sign it and ..... where the view was taken by the apex court that suit for possession filed by the landlady under provisions of bombay rents, hotel & lodging house rates control act, 1947, article 67 of the limitation act of 1963 is attracted, and under said article time begins to run only when the tenancy is determined and such time is period of 12 years from ..... of the small causes court below exh. 29 in civil appeal no. 314 of 1982 is required to be upheld and is upheld subject of course to condition that the respondent-landlady pays costs of such belated amendment to the petitioner-tenant. such cost is qualified at rs. 1,000/- and the respondent-landlady is directed to pay costs to the petitioner-tenant .....

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Dec 21 1978 (HC)

State of Gujarat Vs. Narayan Traders

Court : Gujarat

Reported in : [1979]43STC516(Guj)

..... law (sixth edition), which read as under : '.... in cape brandy syndicate v. inland revenue commissioners ([1921] 2 k.b. 403 at 414), lord sterndale, m.r., said : 'i think it is clearly established in attorney-general v. clarkson ([1900] 1 q.b. 156) that subsequent legislation may be looked at in order to see the proper construction to be put upon an earlier ..... of inter-state trade or commerce'. the exact question before the supreme court was, whether the appellant-firm, a dealer in cotton yarn under the tamil nadu general sales tax act (1 of 1959), who purchased yarn from local dealers and manufacturers and sold it by way of inter-state sale, was entitled to refund of the tax paid under the state ..... (s.c.)). section 46b in the 1953 bombay act as well as section 44 of the 1959 bombay act would clearly, therefore, be subject to the amended provision contained in clause (b) of section 15 of the central act since, as stated above, the avowed object of section 15 was to override and control the state power to tax the sales and purchases of declared ..... act where that earlier act is ambiguous. i quite agree that subsequent legislation if it proceeded on an erroneous construction of previous legislation cannot alter that previous legislation; but if there .....

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Mar 18 2002 (HC)

Sursangji Ambaram and ors. Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : (2002)2GLR1462

..... mamlatdar under sections 31 of 32f or an order passed by the tribunal under section 32g before the date of the commencement of the bombay tenancy and agricultural lands (gujarat amendment) act, 1960 may be filed within a period of six months from the date of such commencement.'9. in the first place, on merits it is submitted by both the learned ..... author of the order dated 25-10-2000 stated inter alia as under :-'(12) the power of attorney of the tenant was well aware in view of the hon'ble gujarat high court's decision in special civil application no. 366 of 1982 dated 12-3-1993 (1995 (1) [xxxvi (1)] glr 636) that the order of the deputy collector was without jurisdiction and it ..... facts leading to filing of the present petition and also the contentions raised, it is necessary to make a brief reference to the scheme of section 43 of the tenancy act. the tenancy act is an act to amend the law relating to the tenancy of agricultural lands and is basically a law for agrarian reforms. but for this ..... act, the tenants who were cultivating land for a number of years, would have continued to remain tenants and would never have become owners of the lands which they were cultivating .....

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Feb 21 2003 (HC)

Bhagwanbhai Karamanbhai Bharvad Vs. Arogyanagar Co-op. Housing Society ...

Court : Gujarat

Reported in : AIR2003Guj294; (2004)1GLR506

..... for possession was also executed in favour of the plaintiff society on the same day i.e. 2-3-1993, whereby the possession of the land in question was handed over to the plaintiff society. after reappeal of the ceiling act on 30-3-1999, the power of attorney holder jayantibhai c. patel executed five separate sale deeds in favour of the plaintiff society ..... article 227 of the constitution of india cannot reappreciate the evidence produced on record and reach different conclusion. the said aspect is required to be considered with the amendment in the cpc that the legislature intended to foreclose the remedy of revision under section 115 of cpc. the things which cannot be done directly cannot be allowed to be ..... ]1scr404 and (iii) h.b. gandhi v. gopinath (1992) supp 2 scc 312 and (iv) state of maharashtra v. milind (2000) 1 scc 4 : air 2001 sc 393it is also required to be noted that by virtue of the amended act, 1999 made in the civil procedure code, proviso is added to section 115 which in terms provide that; 'the high court shall not, under ..... to a party and the case was a fit case where the high court should have exercised the extraordinary discretionary power in favour of the defaulting party.'learned counsel for the petitioner pointed out the object and the reasons for making amendment made in section 115 of the code of civil procedure. by clause 45 of the bill, section 115 of the .....

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