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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: kolkata Page 1 of about 13 results (0.227 seconds)

Mar 24 1993 (HC)

Pijush Kanti Mondal Vs. State of West Bengal

Court : Kolkata

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

..... 1988 by way of insertion of an altogether new sub-section (4). section 68 of the indian forest act, 1927 as it now stands after amendments inserted by the west bengal amendment acts is reproduced below :-'s. 68. power to compound offences.(1) the state government may, by notification in the official gazette, empower a forest officer-(a) to accept from any person against whom a ..... and in that case no further proceedings can be taken against such person or property. this power to compound offences under section 68 has however been subjected to very substantial amendment by two west bengal amendment acts, viz., the west bengal amendment act 14 of 1975 and the west bengal amendment act 21 of 1988. under the original sub-section (3) of section 68 a forest officer not ..... and when so required, before the magistrate having jurisdiction to try the offence on account of which the seizure has been made. this original section has however been amended by the west bengal amendment act and vehicle used in connection with the commission of the offence also has been brought within the ambit of the said section, but at the same time an ..... version and divulged that one bimal chandra kar and one sukumal kar were the registered owners of the truck and he looked after the said truck. 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 .....

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Jul 05 1957 (HC)

Sudhindra Nath Dutt Vs. the State

Court : Kolkata

Reported in : AIR1957Cal677,1957CriLJ1245,62CWN1

..... presided over by sen j., there had been an earlier trial of the appellant by a special judge under the provisions of the bengal criminal law amendment act (act xxi of 1849), read with bengal ordinance, iii of 1940. as a result of the decision of this court and subsequently of the supreme court in ..... be kept on the file both for the purposes of our record and for the protection of the solicitor because, since he had filed an unqualified power of attorney, he might be held responsible for not arranging for the defence of his client at the hearing of the appeal.7. the hearing then proceeded. ..... invalid as a matter of law simply because it was presided over by sen, j., who had had with the case previous connection which i have summarised. i have also pointed out that the principle to be followed when an objection is taken at the commencement of a trial cannot be applicable when ..... constituted by me for the trial of these complicated cases which had been long awaiting trial and the learned judge was specially appointed to try them. i am perfectly sure that the learned judge overruled the objection taken before him, because he was clear in his own mind that there was no ..... were conducted with less than the utmost fairness and with less than complete conformity with the highest principles of judicial procedure. at the same time, i would desire to add that perhaps the most highly-prized asset of any civilised system of jurisprudence is the fairness of the trials held under its provisions .....

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Apr 19 1912 (PC)

Ranjit Kumar Ghosh Vs. Jogendra Nath Roy

Court : Kolkata

Reported in : 15Ind.Cas.561

..... result, therefore, was that provisions of section 174 were practically superseded. but in 1907, section 170, sub-section (1), of the bengal tenancy act, was so amended as to make section 310a of the code of 1882 and, therefore, also rule 89 of order xxi of the code of 1908, inapplicable to sales in execution of ..... 174. the court did not investigate the question whether jogendra nath roy did really bold a power-of-attorney from two of the judgment-debtors nor did it determine whether under such power-of-attorney, he was competent to act on behalf of the judgment-debtors in this matter. the court proceeded, on the other hand ..... january 1908. the auction-purchaser resisted the application. he impugned the authority of jogendra nath roy to act on behalf of the judgment-debtors in this matter, and suggested ..... of the sale under section 174 of the bengal tenancy act. that application on the face of it purported to be made on behalf of two of the judgment-debtors by one jogendra nath roy, who alleged that he held a power-of-attorney from them, executed in his favour on the 31st ..... legislature by which applications under section 174 are restricted to judgment-debtors would be completely defeated. it is well known that shortly after the bengal tenancy act came into force, it was ruled in the case of rajendro narain roy v. phudy mondul 15 c. 482 that section 174 must be strictly .....

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Dec 01 2004 (HC)

Mandira Mookerjee Vs. District Consumer Disputes Redressal Forum and o ...

Court : Kolkata

Reported in : AIR2005Cal108,2005(4)CHN694

..... such execution and registration of a conveyance would be a service. it would still remain a service, even if it is contended that because of the amendment of section 17 of the registration act, the agreement was unenforceable since practically for all reasonable purposes and fictionally the possession of the property has been delivered to the consumer pursuant to the ..... conveyance, transferring right title and interest in the property is to be executed. section 53a of the transfer of property act (tp act) would have clinched the issue but for the amendment of section 17 of the registration act incorporating sub-section (1-a). but we are not supposed to go into all these questions, which, as already observed, we keep open ..... promoter. but mr. bhattacharya on behalf of the appellant contends that this agreement was not registered though it is compulsorily registrable under section 17 sub-section (1-a) of the registration act incorporated through amendment by act 48 of 2001 with effect from 24th september 2001, since the agreement was entered into thereafter in october 2001. therefore, according to mr. bhattacharya, ..... act and not otherwise. according to him, the power of attorney not being registered, the same would not be admissible and the promoter cannot get the document of the deed of conveyance executed and registered and therefore, no relief could be had before the consumer forum. mr. bhattacharya had relied on the decision in dulal ranjan ghosh dastidar v. rajani tandon, 2004 (1 .....

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Jul 06 1934 (PC)

In Re: L.E. Salsicioni

Court : Kolkata

Reported in : 164Ind.Cas.627

..... jurisdiction and it transpired that that was not so, but that part of the cause of action arose within the jurisdiction, there was no need to amend and the plaintiff was entitled to a decree: fink v. buldeo 26 c 715 : 3 cwn 524.13. it was argued that the decision ..... judicial committee.10. the next point is difficult. i declined to allow amendment of the petition, on the ground that the amendment was beyond the period of limitation, that is, if the petition had to be dated with the date of the amendment, then the act of insolvency was no longer available.11. now undoubtedly ..... should not be followed in insolvency proceedings. but in my opinion, the present act has for its object, not so much the relief of insolvent debtors, as the prevention of insolvent trading and the protection of the public. a debtor ..... (pc), that carrying on business means, under the letters patent of 1865, entering into transactions which may result in personal liabilities.6. the words of this act seems to me to mean the same thing, though as their lordships pointed out the term is very indefinite.7. the english decisions are not very helpful ..... the act of insolvency also took place within the jurisdiction, disregard the erroneous allegation made in the petition, and deem it sufficient that the debtor resides and worked for gain within the jurisdiction.4. it appears that the debtor managed a business at the address given in the petition under a power-of-attorney .....

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Jul 01 2011 (HC)

Kanchan Chowdhury. Vs. Bakul Chowdhury

Court : Kolkata

..... on obtaining the certified copy, the plaintiff came to learn that the defendant cunningly had created/manufactured a deed of gift instead of a power of attorney and had thereby succeeded in having her share in the joint property gifted to him. alleging that the said deed of gift is not binding ..... owner of the suit property mentioned in schedule a and for permanent injunction restraining the defendant from alienating the suit property or from doing any act harmful to the suit property. 3. the defendant entered appearance and filed his written statement. after issues were framed, trial commenced. in all, ..... of 2006 is questioned in this application under article 227 of the constitution of india. 2. on perusal of the plaint it appears that the defendant, the brother of the plaintiff had approached her to execute a power of attorney ..... can be no doubt that the proviso, extracted (supra), would not be applicable in respect of suits instituted prior to enforcement thereof i.e. july 1, 2002. in the decision in surinder kumar sharma (supra), the year of institution of the suit is not available. the decision ..... 1. order dated september 16, 2010 passed by the learned civil judge (junior division), 2nd court at ranaghat, nadia rejecting an application for amendment of plaint under order 6 rule 17, civil procedure code (hereafter the code) filed in connection with t.s. no.114 .....

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Feb 17 1910 (PC)

Chhayunnessa Bibi Vs. Kazi Basirar Rahman

Court : Kolkata

Reported in : 5Ind.Cas.532

..... 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.8. the view, we take, is supported by the case of pinde v. norton (1554) 1 dyer. 105, where a mistake of a name in a warrant of ..... or done on behalf of parties. the second clause of the section deals with certificated mukhtcars, who, when holding special powers of attorney authorizing them to do on behalf of their principals such acts as may legally be done by mukhtears, may appear or act. under the rules of this court, a certificated mukhtear is authorised to file an application for execution (rules and ..... circular orders, chapter xi, article 34). 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. 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 ..... of the arguments addressed to us on both sides, we are of opinion that the contention of the appellant should prevail.5. section 36 of the civil procedure code of 1882 provides that any application or act, required or authorised, by law, to be made or done by a party to a suit, may be made or done by his recognised agent or by .....

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Feb 17 1910 (PC)

Chhayemannessa Bibi Vs. Basirar Rahman

Court : Kolkata

Reported in : (1910)ILR37Cal399

..... be waived, a view not inconsistent with that taken in murari lal v. umrao singh (1901) i.l.r. 23 all. 499.11. in the second place, it is reasonably clear that if such amendment is allowed, it takes effect from the date when the power-of-attorney was originally filed. it is not practicable to lay down any rule of universal application on ..... done on behalf of the parties. 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. under the rules of this court, a certificated mukhtiar is authorised to file an application for execution (rules and ..... the arguments addressed to us on both sides, we are of opinion that the contention of the appellant should prevail.5. section 36 of the civil procedure code of 1882 provides that any application or act required or authorised by law to be made or done by a party to a suit, may be made or done by his recognised agent or by a ..... v. dwarka nath roy (1905) 3 c.l.j. 29, hukum chand boid v. kamalanand singh (1905) i.l.r. 33 calc. 927. as mr. justice mahmood observed in narsingh das v. mangal dubej (1882) i.l.r. 5 all. 163, the courts are not to act upon the principle that every procedure is to be taken as prohibited unless it is expressly provided .....

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Feb 08 1901 (PC)

Srimohan Thakur Vs. W.O. Macgregory and ors.

Court : Kolkata

Reported in : (1901)ILR28Cal769

..... been appointed by the district judge of bhagulpur, guardian of the property of the said babu nundo mohun thakur, minor, under the guardian and wards act, 1890, to be our manager and attorney, with power to manage and conduct our joint affairs as follows, and that notwithstanding this appointment or that of guardian as aforesaid by the said district judge of ..... informed the court that the said property was joint, and had been inadvertently omitted from the schedule a of his plaint. subsequent to the filing of the plaint he amended the schedules to the plaint, and included therein some joint properties which he subsequently was informed had been omitted and were joint properties. the plaintiff has no objection ..... mohun thakur.34. 'the said manager is appointed for a term of seven years from the 1st september 1896, and he will receive a monthly consolidated salary of rs. 1,000 inclusive of house-rent and travelling and other allowances,' and so on, ' and we shall not be entitled to dismiss the said manager during the said period ..... took evidence on all the issues, with the exception of certain of them whioh related to the accounts, and in his judgment, he dealt with issues 1, 2, 3, 4 and 24, upon the issues 1, 2, 3 and 4 his judgment is, as we understand it, practically in favour of the plaintiff, but so far as issue no. 24 ..... 1. this is an appeal arising out of a suit for declaration of title in respect of various moveable and immoveable properties, for partition, for accounts, and for other .....

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Sep 03 1880 (PC)

In Re: Upendro Lall Bose

Court : Kolkata

Reported in : (1881)ILR6Cal675

..... to verify the plaint itself, which is provided for by section 51 of the code, with the power to sign the plaint on behalf of his client, which is provided for in the addition to that section made by the amending act xii of 1879, section 11.3. he obtained leave upon the usual petition to verify the plaint himself ..... that neither the plaintiff nor his attorney could be made criminally responsible for any false statements there may be in the plaint.5. if upendro lall bose really meant, ..... , and then, instead of doing so, he signed the plaintiff's own name to the verification, describing himself as the plaintiff's attorney for that purpose.4. the result is, ..... should have signed the verification on his own account, and not as the plaintiff's attorney.6. if he meant to sign the verification merely as the plaintiff's attorney, the plaintiff himself ought to have seen the plaint and verification, and authorized the attorney to sign the verification for him. the discussion which has taken place upon these points ..... richard garth, c.j.1. there is no doubt that the plaint in this case has been verified in an irregular way; but having heard mr. kennedy's explanation, we have already .....

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