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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: himachal pradesh

Mar 07 2005 (HC)

Shobit Construction and anr. Etc. Vs. T.K. International Ltd.

Court : Himachal Pradesh

Reported in : AIR2006HP4,2006(1)ARBLR510(HP)

..... tehsil and district shimla.21. the counsel for the defendant mr. ramnik sharma, advocate filed power of attorney on december 6, 2003. the defendant-company, in the circumstances, it cannot be disputed, was served on december 2, 2003. power of attorney was field by its advocate on december 6, 2003.22. it is in this background ..... defendant has lost his right to file written statement as provided under order 8, rule 1, as substituted by the code, of civil procedure (amendment act, 2002).18.order 8, rule 1 may be reproduced for convenience.o. 8, r. 1: written statement .- the defendant shall, within thirty days from the date of service of ..... was maintained right from the time the letters patent was issued, and has not been disturbed by the code of civil procedure, 1908, despite the amendments made in the cpc from 1976 to 2002.36. an argument was raised in iridum india telecom lid. (2005 air scw 138) that merely ..... arbitration may be commenced or continued and an arbitral award made.11. a careful reading of the provision shows that before a. court exercises its powers, it must be satisfied.(a) there is an arbitration agreemeni;(b) a party to the agreemeni has brought an action in the court against ..... observed in para 37 of the judgment.37. taking into account the extrinsic evidence, i.e., the historical circumstances in which the precursor of section 129 was introduced into the 1882 code by a specific amendment made in 1 895. we are of the view that the non obstacle clause used in section 129 .....

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Mar 28 2005 (HC)

Partap Singh Vs. Smt. Satya Devi and anr.

Court : Himachal Pradesh

Reported in : AIR2005HP37

..... . this section came to be substituted by virtue of the provisions of section 11 of the code of civil procedure (amendment act) 1999 and section 5 of the amending act of 2002. section 16 of the amending act of 2002 saves certain appeals from the bar created by section 102 of the code and the relevant part thereof reads as ..... that he was entitled to recover a sum of rs. 15,000/- from him on account of sale of his land by the appellant as his general power of attorney and thus evidently the suit is for recovery of a sum less than rs. 25,000/-. it is also not in dispute that a second appeal ..... in a decree in such a suit will not lie on and after 1-7-2002 when the code of civil procedure (amendment act) 2002 (hereafter referred to as the amending act of 2002 ..... therefore mitigates the rigour of section 4 of the court fees act and it is for the court in its discretion to allow a person who has filed a ..... preceding the enforcement of up high court (abolition of letters patent appeals) act which came into force on 13-11-1962 which abolished the right of such appeal. against this background and in view of section 582-a of the code of civil procedure, 1882, the apex court held as under (para 12) :'the above section .....

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Aug 21 1953 (HC)

Girdhari Lal Vs. Spedding Dinga Singh and Co.

Court : Himachal Pradesh

Reported in : AIR1954HP52

..... in form and did not confer the special authority to sign the statement required by the second paragraph of sub-section (1) of section 58 of the partnership act, and, further, that it was open to him to show that the power-of-attorney was imperfect. it will be sufficient to show that it was not open to the learned counsel to contend that ..... ram v. raghubir chand', air 1952 him- p. 60 (b), that since the passing of the said 1949 act, i.e., since 1-1-1950 court-fee was payable in this state under the court-fees act as originally passed in 1870 unaffected by any future amendments. the learned counsel for the appellant relied upon this decision.since then fees have no doubt been raised under ..... . 15,335/14/3 and paid the said court-fee on that figure. he did so according to the rates as amended by the punjab court fees (amendment) acts of 1922, 1926 and 1939.it was subject to these amendments that the court-fees act (vii of 1870) was applied to himachal pradesh under the himachal pradesh (application of laws) order, 1948, which came into ..... the court-pees (himachal pradesh amendment) act, 1953, which came into force since 1-1-1953 under this state's revenue department notification no. r.1-41/51, dated 11-12-1952, published at p. 1217 of part iii, section 3 of the gazette of india. but as .....

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Nov 29 2007 (HC)

Rahul Bhargava Vs. Vinod Kohli and ors.

Court : Himachal Pradesh

Reported in : 2008(I)ShimLC385

..... possession of the property and even started collecting rent from tenants occupying said property. the sale deed could not be executed for want of permission, under section 118 of the act.3. the respondent no. 1 executed and registered irrevocable power of attorney in favour of respondent no. 2 authorizing him to execute and register the sale deed in favour of respondent no ..... the date of filing of the suit on 7.6.1990. it has not been pointed out that section 118 of the act was further amended after it was substituted vide section 4 of act no. 6 of 1988 and before the agreement and filing of the suit. on the date of agreement and the filing of the suit, there ..... its assent, shall be deemed always to have been made in accordance with the law as if sub-section (2) of section 118 of the principal act had not been amended by section 4 of this act.13. the suit was filed on 7.6.1990, therefore, rights of the parties crystallized on the date of agreement, dated 7.6.1989 and on ..... 2 entire sale consideration has been paid to the appellant and even respondent no. 1 is in possession of the property under the agreement and realizing rent, such agreement is prohibited under section 118 of the act and is not enforceable. section 118 of the act has been amended several times and as of now agreement of the nature mentioned in sub-clause (b .....

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Mar 20 1991 (HC)

Himachal Road Transport Corporation, Simla Vs. Bhanno Mull and Sons

Court : Himachal Pradesh

Reported in : AIR1992HP37

..... of his office staff and thus used for a purpose other than that for which it was originally let out.33. in the statement of juggal kishore (p.w. 1), special power of attorney of the respondent, the only statement is that the petitioner had changed user of the premises in question by letting out for residential use of its divisional manager shri ..... a 'non-residential building' to a 'residential building';'exactly, similar was the definition of non-residential building under the east punjab urban rent restriction act, 1949. this definition was amended by the himachal pradesh urban rent control (amendment) act, 1978 (act no. 23 of 1978) and the definition of non-residential building has been substituted in the following terms :'2(d) 'non-residential building' means ..... -four hours to attend to multifarious nature of functions including attending to incoming and outgoing communications. this defence prevailed and the claim of the landlord was rejected.22. in air 1982 punj and har 31 (amin chand v. gian chand), the landlord's complaint was that the tenant was using the premises, let out for carrying out the business of selling ..... building taken on rent for residential purpose, as the godown, does not come under section 13(2)(ii)(b) of the act.'23. the same view was taken by the learned judge in another later decision by him reported in air 1982 punj and har 224 (dharam chand v. mathura dass), where a small portion of the shop, let out for bakery .....

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Sep 18 1998 (HC)

Ravinder Chauhan and ors. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : AIR1999HP43

..... the purpose of utilising the land from commercial to residential one and the government of himachal pradesh, in the revenue department accorded the sanction amending the use of the land in question for residential purpose in view of the fact that the land is situated in residential area and no ..... go against the very spirit of section 118 of the act. 6. the 2nd respondent has filed a reply contending that the claim of the 6th respondent for putting up a residential building in the land in question through his general power of attorney, the 7th respondent was processed under the pro-visions ..... therein. as a consequence of the above, the collector, shimla by his proceeding dated 7-3-1995 dropped the proceedings instituted under section 118(1) of the act, as noticed earlier. it is at this stage, that the petitioners have come with the present writ petition seeking for the various reliefs, referred ..... state of bombay, air 1954 sc 496, a constitutional bench of the apex court while dealing with the stipulation contained in section 18 (1) of the bombay rents act observed that in case of interpretation of the provisions, which are penal in nature, it is a well settled rule of construction of penal ..... that the collector, shimla issued a notice dated 28-11-1994, stating therein that the sale deed on obtaining permission was executed on 3-1-1990, that two years period expired and no extension was also granted to the 6th respondent and that since the 6th respondent allegedly obtained permission .....

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Apr 25 1994 (HC)

Punjab National Bank Vs. Surinder Singh Mandyal and ors.

Court : Himachal Pradesh

Reported in : AIR1996HP1

..... such aggregate sum as aforesaid' in clause (2) the words 'on such aggregate sum as aforesaid were substituted.33. section 34 of the code again underwent further amendment by the code of civil procedure (amendment) act, 1976 by addition of a proviso and two explanations. proviso enables the court to award interest at a rate higher than 6% per annum, but not exceeding ..... for the parties have also referred to number of decisions, which are being noticed.32. section 34 of the code as it earlier existed, stood amended by the code of civil procedure (amendment) act, 1956. in sub-clause (1), the words 'on such sum with further interest at such rate as the court deems reasonable on the correct sum so adjusted' as they stood ..... sum' which comprises principal sum with interest accrued thereon. the committee are of the opinion that interest should not be awarded on interest but only on the principal sum. suitable amendment has accordingly been incorporated in this clause'.the aforesaid observations of the joint committee make it abundantly clear that the intention of the legislature was not to allow the award ..... on record as ex. p-l in the statementoi pw 1 shri v.n. gupta. there is no rebuttal to this evidence. by virtue of power of attorney shri vishwa nath gupta, the manager of the plaintiff bank has been duly authorised 10 sign and verify the pleadings, to engage counsel and to otherwise act for and on behalf of the plaintiff-bank. in .....

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Sep 29 1977 (HC)

Chamaru Etc. Vs. Khazan Singh Etc.

Court : Himachal Pradesh

Reported in : AIR1978HP58

..... cases also which are open to appeal or revision.22. accordingly, we hold:(1) article 227 as amended by the constitution (forty-second) amendment act, 1976 does not govern petitions filed under article 227 before feb. 1, 1977. (2) article 227, even after its amendment, continues to confer on a high court the power of judicial superintendence over a court subject to its appellate jurisdiction in respect ..... came on for hearing, before one of us, a question was raised whether the addition of clause (5) in article 227 of the constitution by the constitution (forty-second amendment) act had resulted in depriving this court of its jurisdiction to interfere judicially in respect of judgments and orders of inferior courts. the case was referred to a larger bench in ..... of any such courts, (3) the high court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of ..... is not otherwise subject to appeal or revision.' 6. two points have been raised before us. they are :(1) do the amendments introduced in article 227 of the constitution affect petitions filed under article 227 before the amendments were effected? (2) has the power of judicial superintendence hitherto enjoyed by a high court in respect of courts and tribunals within its jurisdiction been .....

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Jul 25 2006 (HC)

Ajay Singh (Since Deceased) Through His Lrs. Meenakshi Singh and ors. ...

Court : Himachal Pradesh

Reported in : AIR2007HP52,2006(2)ShimLC394

..... question to the court of learned district judge, dharamshala. for ready reference this order may be reproduced hereunder, which thus reads as under:in view of the amendment in the himachal pradesh courts act (act no. 16 of 2001), whereby the pecuniary jurisdiction of the district judge has been enhanced to rs. ten lacs, this suit is liable to be transferred to ..... and shri anil kumar sharma came to be added as defendants in the suit5. in the suit, the plaintiff claimed himself to be the son of defendant no. 1. defendant no. 1 raja harmohindra singh had died during the pendency of the suit. his legal representatives were substituted after his death. the suit was filed for the partition of the property ..... some amount of compensation even though disputes relating to compensation in respect of substantial portion of land had been still pending adjudication before the reference court.9. defendant no. 1 contested the suit by filing written statement raising various pleas including some preliminary objections about the maintainability of the suit etc. he had raised a basic objection in the suit ..... the land acquisition act. they accordingly submitted that the plaintiff-appellant gives up his claim totally and absolutely qua the aforesaid 47% share in the re-determined compensation amount and admits the right and entitlement of the aforesaid three respondents to receive the aforesaid 47% share in the re-determined compensation amount. mr. tapan kumar mukherjee, general power of attorney holder of .....

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Nov 01 1991 (HC)

Purewal and Associates Ltd. and anr. Vs. Punjab National Bank and ors.

Court : Himachal Pradesh

Reported in : AIR1992HP26,[1993]76CompCas858(HP)

..... outside the scope of the writ petition. he contended that he did not have any authority to waive the general right of lien as the power of attorney limited him to the case in hand which was only pertaining to a mandamus regarding affording normal banking facilities.33. at the time when the ..... fully understand the case of his client and no representative of his client enlightened him. he did not inform the court that as a result of an amendment of her claim, mt. jamna kuer had intended to claim all the properties, which had admittedly belonged to kunj behari lal. mt. jamna kuer ..... of counsel recorded in the high court's judgment can be made is well settled. see state of maharashtra v. ramdas shrinivas nayak, (1982) 2 scc 463 : (air 1982 sc 1249). this being (he settled practice to assail a concession of counsel recorded in the high court's judgment and the same not ..... of which had already been decreed, does not serve as an acknowledgement of the said portion within the meaning of section 19 of the hyderabad limitation act.31. it, therefore, appears to us that admissions, concessions and withdrawals by counsel are binding upon the party unless he has been induced or misled ..... august 1991. on 13th august 1991, the writ petition was disposed of and the following order was passed :'mr. chhabil dass says that respondent no. 1, the punjab national bank, though denying the statement of facts made in the writ petition, has no objection to rendering normal banking services to the petitioners, .....

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