Court : Mumbai
Reported in : II(2006)BC155; 2005(2)MhLj1003
..... it came into existence the law governed powers of attorney act namely 39 of act of 28 of 1866 existed. by the powers of attorney act of 1882, the law as it existed related to execution of power of attorney and conferring of authority came into existence, deals with an instrument titled as power of attorney which is defined as follows :--'1-a. definition. -- in this act, 'power-of-attorney' includes any instrument empowering a specified ..... person to act for and in the name of the person executing it ..... the cheque has been dishonoured, presume the fact of dishonour of such cheque, unless and until such fact is disapproved.above quoted sections which have been introduced by amendment in the n. i. act by act no. 55 of 2002, brings in an overriding effect to what is provided in criminal procedure code. for testing the truth and surfacing the fact which is the object of .....Tag this Judgment!
Court : Mumbai
..... maharashtra amendment and the deed of power of attorney executed on 21.2.2007 did not require registration. it is stated that the ..... the corporation has insisted on the registration of the deed of power of attorney executed on 21.2.2007, by referring to the maharashtra amendment to section 17, which provides that an irrecoverable power of attorney relating to the transfer of immovable property executed on or after the commencement of the amended act on 1.4.2013, is liable to be registered and hence the deed ..... fettered by the issuance of the circular dated 11.9.2012 and the maharashtra amendment to section 17 of the registration act, 1908 that was brought into effect from 1.4.2013. it is submitted that in view of the provisions of the maharashtra amendment, an irrevocable power of attorney to transfer immovable property was required to be registered only if it was executed ..... on and after the commencement of the registration (maharashtra amendment) act, 2010. it is stated that only a deed of power of attorney executed on or after 1.4.2013 was required to be registered by the .....Tag this Judgment!
Court : Mumbai
..... vendor and the said chandrakant shah was shown as purchaser. there was no question of any constituted attorney acting on behalf of myt in 1982, if she is alive and supposed to have executed a power of attorney for the first time on 12th september, 1987. the petitioner has also been faulted for not ..... custodian prior to the commencement of this amendment act, the same continued to vest in him. therefore, ayt's share continued to vest in the custodian. however, when the property was ..... investigation held into the genuineness of the documents including the reserve bank of india permission. after 1971 war with pakistan, the amendment was brought in the said act so as to indicate as to how notwithstanding the expiration of the defence of india rules, 1971 any property vesting in the ..... to move for urgent reliefs, a copy of the impugned order was handed over to it on 28th may, 2014. that is how it amended the writ petition and incorporated additional grounds. these actions are impugned in the present writ petition. 19. mr. dwarkadaslearned senior counsel appearing for the ..... disputing that the property vested in the respondent no. 1 as enemy property pursuant to a notification dated 10th september, 1965. this notification is traceable to the defence of india rules, 1962. this notification was subsequently amended and on the 1968 act coming into force. the custodian continued to have control .....Tag this Judgment!
Court : Mumbai Goa
..... not justified. in case of any dispute with that regard, the learned judge could have always call upon the petitioner to produce such power of attorney. 9. on perusal of the application for amendment as well as the proposed amendment, i find that the application is merely clarificatory in nature. it is not in dispute that the application was filed much before framing of issues ..... party could not have raised the matter before the commencement of trial. 8) the original provision was deleted by amendment act 46 of 1999, however, it has again been restored by amendment act 22 of 2002 but with an added proviso to prevent application for amendment being allowed after the trial has commenced, unless the court comes to the conclusion that in spite of due ..... diligence, the party could not have raised the matter before the commencement of trial. the above proviso, to some extent, curtails absolute discretion to allow amendment at any ..... not change the basic nature of the suit. a change in the nature of relief claimed shall not be considered as a change in the nature of suit and the power of amendment should be exercised in the larger interests of doing full and complete justice between the parties. ? 11. considering the ratio laid down by the apex court in the said .....Tag this Judgment!
Court : Mumbai
..... 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. the counsel for the ..... conducted the proceedings in this suit including appointment of advocates. the rest of details in the plaint are necessary for deciding this application. 3. the plaintiffs allegedly revoked the power of attorney of the applicants. the applicants' earlier advocate received a letter from one advocate ashok mishra (present advocate for the plaintiffs) requesting for the earlier advocate to give noc. ..... or thereabout situated at dahisar, borivali taluka, mumbai suburban district (for brevity as 'the suit property'). 2. 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. as per the ..... record the same and pass a decree. iii) code of civil procedure was amended in 1976 vide amending act 104 of 1976. 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). by the amendment act 104 of 1975, the said remedy of appeal from order was deleted and proviso .....Tag this Judgment!
Court : DRAT Mumbai
Reported in : IV(2004)BC238
..... of the same is made by one mr. bandu nakhate who does not appear to have any locus in the matter. he claims to be the special power of attorney holder of mr.s.n. khetan. curious enough, mr. s.n. khetan is not a party to the original application no. 203/2001. it is ..... well as applicant bank and filed false affidavit. it was further pointed that affidavit was sworn and signed by one mr. bandu shaligram nakhate, the alleged special power of attorney holder of m/s. bhupen electronics limited, which was allegedly executed by one mr. s.n. khetan, director of m/s. bhupen electronics limited and ..... not that mr. bandu nakhate is power of attorney holder of other defendants and any resolution of the board to appoint him as power of attorney holder produced. under these circumstances, the application made by any body like mr. bandu nakhate is not at ..... disclosed only in march, 2002 when the application for staying of the proceedings under section 22 of s.i.c.a. was made. though, as per the provisions of section 23 of companies act, 1956 as amended by companies (amendment) act, 2001, the change of name of the company does not affect right or obligation of the company ..... since mr. s.n. khetan was not a party to the original application, the present interlocutory application filed by his so called special power of attorney holder mr.bandu nakhate was not at all tenable in law. it was urged by the applicant bank that, in fact defendant nos .....Tag this Judgment!
Court : Mumbai
Reported in : 2009(5)BomCR311; 2009(6)MhLj760
..... and prayed for 'no w.s. order.subsequently, an application came to be filed by said shri parik for amendment which has been filed on 22/1/2009, for incorporating an averment that the said written statement has been filed by the general power of attorney holder on behalf of the defendants. the said application was allowed. hence, the present petitions.3. shri shelke ..... elaborately mentioned in the counter affidavit which proves lack of due diligence on the part of the defendant nos. 1 and 2 (appellants).the apex court in the matter of 'vidyabai' (cited supra) has observed as under:by reason of the civil procedure code (amendment) act, 2002 (act 22 of 2002), parliament inter alia inserted a proviso to order 6 rule 17 of the code, which ..... in controversy. however, this rule is subject to proviso appended therein. the said rule with proviso again substituted by act 22 of 2002 with effect from 17/2002 makes it clear that after the commencement of the trial, no application for amendment shall be allowed. however, if the parties to the proceedings are able to satisfy the court that in spite of ..... reads thus:provided that no application for amendment shall be allowed after the trial has commenced, unless the court comes to the conclusion that in .....Tag this Judgment!
Court : Mumbai
..... states and the conclusions arrived at therein, inter alia, the registration of the power of attorney which is in the nature of a contract to sell immovable property be made compulsory and consequential amendments be made in the registration act, 1908, the transfer of property act, 1882 and the indian stamps act, 1899. after this we have noticed as to how the states gave ..... to require all banks and financial institutions to ascertain whether proper stamp duty has been paid on all instruments executed prior to the coming into force of the stamp act amendment (i.e. may 1, 2013) by 30th september, 2013, and to impound all such instruments. to resolve this issue, each branch of a bank or financial institution will now have to ..... instrument will have to be impounded and forwarded to the collector of stamps before september 30, 2013. however, the stamp act amendment i.e section 30a provides that if proper stamp duty is not paid on documents/instruments executed before may 1, 2013 and are effective, then banks and financial institutions shall consequently impound such instruments/documents on or before september 30, ..... cumbersome, time consuming and voluminous exercise of ascertaining whether proper stamp duty has been paid on all instruments executed prior to the coming into force of the stamp act amendment (i.e. ay 1, 2013) by september 30, 2013 and to impound all such instruments clearly would be an extremely expensive and impractical exercise for the banks and financial institutions. such .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1991Bom185; 1991(1)BomCR575; (1991)93BOMLR944; 1991(1)MhLj104
..... behalf in the vakalatnama. similarly, the authority to compromise could be conferred on a constituted attorney under a power of attorney. it will have to be considered as to whether any change is brought about in law by the amending act on these respects. the learned counsel for defendant no. 1 has argued that even if an advocate on record has an express authority contained in ..... suit shall lie to set aside the decree on the ground that the compromise on which the decree was based was not lawful. by the said amending act order xliii, rule 1(m) was omitted. by the said amending act, rule 1a was incorporated in o. lxiii of the code. sub-rule (2)of rule 1a of order lxiii of the code reads as under ..... the suit and sign the consent terms through his recognised agent or advocate or counsel is not taken away by the above referred amending act, the advocate or counsel has a place of pride in our legal system and his powers, duties and responsibilities cannot be curtailed by implication. no oral compromise can be propounded by a party before the court under the ..... for defendant no. 1 has however conceded that the consent terms can be signed by the constituted attorney of a party on the principle that the consent terms signed by an agent can be treated as if signed by the party himself. mr. vimadalal, the learned counsel appearing for the plaintiffs has submitted that even after bringing into force the amending act, the consent .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(2)BomCR242; 2008CriLJ1509; 2008(3)MhLj705
..... on 'dr. pradeep mohanbay v. mr. minguel carlos dias' : (2000)1bomlr908 . in the given case a single bench of this court held that a power of attorney has right to file complaint under section 138 of the n.i. act but cannot depose on behalf of the complainant. he can appear as a witness. the learned sessions judge quoted a part of the observations ..... , this defect can be subsequently rectified. the complaint cannot be quashed merely on this ground. the learned single judge observed, during the course of discussion, that 'where a power of attorney has full knowledge of the transaction, his statement can be recorded by the magistrate for verification of the complaint for ascertaining the truth of the allegations and to enable him ..... xvii comprising of section 138 to 142 came on the statute book with a view to enhance the acceptability of cheques in settlement of liabilities by making the drawer liable for penalties in case of bouncing of cheques. the civil liability is partly transformed into criminal liability. the offence under section 138 of the n.i. act is ..... of the matter, i am of the opinion that both the impugned orders are improper and illegal. needless to say, the prosecution against the applicants would tantamount to abuse of the process of law. 20. the chapter relating to penalties in case of dishonour of cheques was introduced by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988. the chapter .....Tag this Judgment!