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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: orissa Page 1 of about 3 results (0.044 seconds)

Oct 24 1997 (HC)

Kannankara Kuria-kosa Thomas Vs. Shriram Saw Mills and ors.

Court : Orissa

Reported in : AIR1998Ori68; 85(1998)CLT120

..... become time barred, yet in the interest of justice the same should be allowed to be incorporated in the plaint by way of amendment. i am not inclined to accept this submission, the reason being that discretionary power of the court to grant leave to amend the pleadings cannot be exercised de hors the limitation. in other words, if a fresh suit on the ..... he is living in baharain, a gulf country, it could not be possible on his part to pursue the forest andrevenue authorities in the matter. he, therefore, executed a power-of-attorney in favour of the managing partner of the plaintiff on 3-4-1984 to attend to the work of demarcation, enumeration, cutting and felling of trees and to obtain necessary ..... to them and that the defendants who had ordered them on their behalf had themselves no title to them. it was also averred in the plaint that the defendants were acting as agents of the plaintiffs. this claim was repudiated by the defendants. the trial court accepted the plaintiffs' case and decreed the suit and referred the matter to the commissioner ..... to such right was not a claim to any right to property within the meaning of s. 42 of the specific relief act, and that the right of pre-emption could not be enforced by a mere declaratory decree. the amendment was then sought for by the plaintiffs claiming possession. this prayer was refused by the trial court, on appeal it was .....

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Jun 17 2003 (HC)

Braja Mohan Patra Vs. Ananta Charan Patra and ors.

Court : Orissa

Reported in : AIR2003Ori209; 96(2003)CLT168

..... claim of no previous partition. the fact situation in the record indicates that defendant no. 2 has been withheld from the witness box and persons acting as power of attorney are appearing to represent the defendant no. 2. therefore, plaintiff's effort to get a statement from defendant no. 2 relating to the claim ..... plaintiff shall bear the cost of the commissioner who shall go and record the evidence. just to avoid any pretext on the part of the power of attorney of defendant no. 2 or the other interested persons so as to get the defendant no. 2 not examined as a witness trial court shall ..... calling the defendant to be his witness.7. it, therefore, appears that under the given facts and circumstances privy council depricated a sharp practice of acting unethically by a counsel in the matter of tendering evidence by withholding his own party but calling adverse party as a witness from his side. it ..... witness. on 24.8.1999 the advocate commissioner found the defendant no. 2 to be sick and not capable of giving any answer. on the second instance i.e. on 29.8.1999, as reported by the commissioner, when he reached to the house of defendant no. 2, he found the defendant no. ..... 251.5. hearing of this civil revision having concluded prior to coming into force of the act 46 of 1999 which amended section 115 of the code, therefore, the question of maintainability of the civil revision as per the amended provision was neither raised nor considered.6. in the case of gurbakhsh singh (supra) keeping .....

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Nov 15 2012 (HC)

Bhakta Hari Mohanty Vs. Bishnu Charan Swain

Court : Orissa

..... no such record in favour of the other tilottama samal of dihabalarampur . tilottama samal of chandrasekharpur having died in 1967 could not have executed a power of attorney in 1982. . para-8 - it might be that sri bishnu charan swain misusing his authority as an advocate is trying to take advantage of the (illegible ..... the plaintiff in the said suit to implead shri bishnu charan swain as defendant wherein several instances of transfer made by shri swain as the power of attorney holder was cited. the learned civil judge (senior division), bhubaneswar allowed the plaintiff s prayer and impleaded shri swain as a defendant in ..... tenant tilottama samal. purchasers from the alleged legal heirs of late tilottama samal belonging to the village dihabalarampur who purchased the property through the power of attorney holder, shri bishnu charan swain, disputed the title of the said sudhansubala sahoo for which she had filed c.s. no.29 of ..... 1, who is the advocate for the plaintiff. the alleged statements made in the misc. appeal as well as the amendment petition and affidavits are as follows:6. para-5 - that it further appears from the records that this bishnu charan swain had also obtained a power of attorney from tilottama samal in 1982 ..... at any rate, tilottama samal of damana being a tenant under the zamindar her tenancy is protected u/s 8 of the o.e.a. act, especially where her name has been mutated in tahasil jamabandi and rent has been accepted for her. 5. the initial deposition given by the .....

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Nov 15 2012 (HC)

Basabta Manjari Satpathy Vs. State of Orissa and Another

Court : Orissa

..... no such record in favour of the other tilottama samal of dihabalarampur . tilottama samal of chandrasekharpur having died in 1967 could not have executed a power of attorney in 1982. . para-8 - it might be that sri bishnu charan swain misusing his authority as an advocate is trying to take advantage of the (illegible ..... the plaintiff in the said suit to implead shri bishnu charan swain as defendant wherein several instances of transfer made by shri swain as the power of attorney holder was cited. the learned civil judge (senior division), bhubaneswar allowed the plaintiff s prayer and impleaded shri swain as a defendant in ..... tenant tilottama samal. purchasers from the alleged legal heirs of late tilottama samal belonging to the village dihabalarampur who purchased the property through the power of attorney holder, shri bishnu charan swain, disputed the title of the said sudhansubala sahoo for which she had filed c.s. no.29 of ..... 1, who is the advocate for the plaintiff. the alleged statements made in the misc. appeal as well as the amendment petition and affidavits are as follows:6. para-5 - that it further appears from the records that this bishnu charan swain had also obtained a power of attorney from tilottama samal in 1982 ..... at any rate, tilottama samal of damana being a tenant under the zamindar her tenancy is protected u/s 8 of the o.e.a. act, especially where her name has been mutated in tahasil jamabandi and rent has been accepted for her. 5. the initial deposition given by the .....

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Feb 26 1958 (HC)

Sri Surendra Mohanty Vs. Sri Nabakrishna Choudhury and ors.

Court : Orissa

Reported in : AIR1958Ori168; 1958CriLJ1055

..... this respect. the dignity of the court it not so frail as to be easily affected by causal remarks or comments. in the language of lord atkin in ambard v. attorney general, (1936) a. c. 322, 335: (air 1936 p. c. 141 at p. 146) (z 12).'justice is not a cloistered virtue; she must be allowed to suffer the scrutiny ..... been construed in a restrictive manner in view of the context. thus in macleod v. attorney-general of new south wales, 1891 ac 455 (r), lord halsbury gave a restrictive interpretation to the wide words 'whosoever' and 'wheresoever' occurring in section 54 of the criminal law amendment act, 1883 of new south wales (australia) by adding some qualifying words on the principle of ..... aforesaid sub-section, a court may be justified in restricting the scope of that sub-section in view of the other provisions of the act and the context. in a recent decision of the privy council reported 'in attorney-general v. prince ernest august of hanover, 1957 ac 436 (t), the same principle was reiterated by lord simonds as follows :'for words ..... comity which confines the operations of a statute within the territorial jurisdiction of the enacting state.again in butcher v. poole corporation, 1942-2 all er 572 (s), the court of appeal, while construing sub-section (2) of section 1 of the courts (emergency powers) act 1939 .....

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Nov 27 2012 (HC)

Falcon Real Estate Pvt. Ltd. Vs. Janak Kumari Devi and Others

Court : Orissa

..... of the defendants 3 and 4 arose from the sale deeds executed by one mahendra narayan deo, brother of the present plaintiff and the father of the defendant no.1 being the power of attorney holder of his father harekrushna harichandan mohapatra. thus concluding, the learned trial court rejected both the applications. the learned trial court, however, did not notice the peculiar and ..... passing of the preliminary decree and before the final decree is passed, the events and supervening circumstances occur necessitating change in shares, there is no impediment for the court to amend the preliminary decree or pass another preliminary decree redetermining the rights and interest of the parties having regard to the changed situation.12. (emphasis supplied) the supreme court in the ..... settled by the preliminary decree.9. mr. mishra, learned senior counsel, however, relied upon the provisions of order 1, rule 10 (5) c.p.c. which provides that subject to the provisions of the indian limitation act, 1877, in section 22 (not the limitation act, 1963, section 21), the proceedings as against any person added as defendant shall be deemed to have begun ..... attorney executed by him in favour of mahendra narayan deo to sell the property. m/s. paradeep marine failed to repay the loan. on 27.1.1984, the o.s.f.c. took steps under section 29 of the s.f.c. act and the properties under prawn processing unit were put to auction. m/s. kalinga marine on becoming the highest bidder .....

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Nov 27 2012 (HC)

Kalinga Marines and Transport Pvt. Ltd. Vs. Janak Kumari Devi and Othe ...

Court : Orissa

..... of the defendants 3 and 4 arose from the sale deeds executed by one mahendra narayan deo, brother of the present plaintiff and the father of the defendant no.1 being the power of attorney holder of his father harekrushna harichandan mohapatra. thus concluding, the learned trial court rejected both the applications. the learned trial court, however, did not notice the peculiar and ..... passing of the preliminary decree and before the final decree is passed, the events and supervening circumstances occur necessitating change in shares, there is no impediment for the court to amend the preliminary decree or pass another preliminary decree redetermining the rights and interest of the parties having regard to the changed situation.12. (emphasis supplied) the supreme court in the ..... settled by the preliminary decree.9. mr. mishra, learned senior counsel, however, relied upon the provisions of order 1, rule 10 (5) c.p.c. which provides that subject to the provisions of the indian limitation act, 1877, in section 22 (not the limitation act, 1963, section 21), the proceedings as against any person added as defendant shall be deemed to have begun ..... attorney executed by him in favour of mahendra narayan deo to sell the property. m/s. paradeep marine failed to repay the loan. on 27.1.1984, the o.s.f.c. took steps under section 29 of the s.f.c. act and the properties under prawn processing unit were put to auction. m/s. kalinga marine on becoming the highest bidder .....

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May 17 1991 (HC)

Arjun Panda and ors. Vs. Surendra Prasad Misra and ors.

Court : Orissa

Reported in : 1991(II)OLR416

..... since 19i7 the land was under the cultivating possession of writ petitioner arjuna panda. though upto one point of time this sarat chandra bhatta, the power of attorney holder had decided to transfer the land in question to arjuna panda for a consideration of rs. 2800/-, according to him, as the o. e ..... e. a. collector for settlement of land on fair and equitable basis was rejected. after the second amendment act came into force, he filed a claim petition under section 8-a of the act for settlement of the land and the adversaries who claim to be in khas possession of the land contested ..... sayad yakoob v. k. c. radhakrishnan and ors.; air 1975 sc 232, swaran singh and anr. v. state of . punjab and ors.; and air 1982 sc 756, babu v. deputy director of consolidation).following these principles it should be judged whether the impugned order (as per-annexure 2 ) directing settlement of ..... and after him his legal representatives and ors. v. state of orissa and ors., has held that an application under section 7(1)(a) of the orissa estates abolition act, 1951, cannot succeed without a finding of applicant's possession on the date of vesting. it has been further held that the ..... the land with opposite parties 1 to 3 and the orders confirming the same are legally tenable,8. the present writ petitioners as well as the opposite parties were all contesting their .....

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Aug 14 2013 (HC)

Braja Sundar Nanda Vs. Pravabati Kar and Others

Court : Orissa

..... property for the purpose of section 53a any of the transfer of property act, 1882 shall be registered if they have been executed ..... plaintiff, who is a lady and who is entitled for exemption of court fees, can be directed to pay the stamp fee along with registration fees, as per the amendment of stamp act by govt. of orissa, as mentioned earlier. however, at this juncture the plaintiff canno.be compelled to pay the stamp duty and registration fees along with penalty, as motioned ..... whereof, has been or is handed over to the purported purchaser and power of attorney relating to transfer of immovable property, possession whereof has been or is handed over to the purported attorney holder are also compulsorily registerable. it is also apt to refer to section 17 (1-a) of the registration act, which provides that the documents containing contracts to transfer for consideration, immovable .....

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Sep 20 1991 (HC)

Smt. Bijayalaxmi Sahoo Vs. Smt. Sanjukta Prusty and anr.

Court : Orissa

Reported in : 1991(II)OLR530

..... was confirmed. it was directed to dispose of the suit by end of july, 1989.6. in the month of february, 1989, opp. party no. 1 through her power of attorney holder, opp. party no. 2 filed money suit no. 73 of 1989 in the court of 1st subordinate judge, cuttack, for realisation of the arrear ..... under section 47, c. p. c. executing court having dismissed the same, this civil revision has been filed.9. section 36, cpc as substituted by amendment in 1976 authorises execution of an order for payment of money. it reads as follows :'36. apolication to orders the provisions of this code, relating to the ..... avoid unnecessary litigations and to protect a monthly tenant from inconvenience, provision was made in section 10 of the orissa house rent control act, 1967 that house rent controller has the power to direct the and lord to effect the repairs- or may permit the tenant to effect the repairs as provided therein. it was ..... is that the order is executable.12. once the order is executable, it can be executed within twelve years as provided in art. 136 of the limitation act, 1963 which reads as follows :136. (182 and 183) for the exe- twelve where the decree or ordercut ion of any decree other years becomes ..... it is ordinarily the duty of the tenant to keep the accommodation in good repairs was not in force during the orissa house rent control act, 1967 was governing the field. [see 1973 (i) c. w. r 715 (md. usman khan v. hari sahu and anr.) and 58 (1984) clt 343 (maguni chandra owibedi v. .....

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