Court : Supreme Court of India
..... a written statement chose to declare as follows: ".therefore, the property in the hands of 1st defendant takes the character of ancestral property and after the tamil nadu amendment act, 1989 to the hindu succession act, 1956, unmarried daughter also became coparceners and they are entitled to claim a share in the ancestral property along with son.".10. even before this court, it ..... between the legal heirs vide partition deed bearing registration no.2435/1982, dated 05.06.1982 in the office of the district registrar, coimbatore. the 1st defendant being one of the son of late somanathan the schedule hereunder.".3. according to the plaintiff, the 1st petitioner herein is the ".erstwhile power of attorney". of the father of the plaintiff. the other defendants no.3 ..... herein or the other defendants who are allegedly the vendees of some part of the suit scheduled property.6. in the background of such a plaint, the petitioners herein filed i.a. no.1097 of 2011 praying that the plaint be rejected on the ground that the suit is a vexatious suit. by an order dated 19.06.2002, the trial ..... non-reportable in the supreme court of india civil appellate jurisdiction special leave petition (civil) no.11136 of2013john kennedy & another ... petitioners versus ranjana & others ... respondents judgment chelameswar, j.1. the instant special leave petition is filed by two unsuccessful petitioners before the high court of madras in crp (pd) no.3342 of 2012 aggrieved by a final order dated .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2004Bom267; 2004(4)BomCR148; 2004(2)MhLj665
..... they apply to an instrument under that section : provided further that, if the proper stamp duty is paid under clause (g) of article 48 on a power of attorney executed between the same parties in respect of the same property then, the stamp duty under this article shall be one hundred rupees.' 2. on behalf ..... (g-a), it is clear that the said article applies only in respect of those agreements which have come into effect from 7th february 1990. the amending act though published in the official gazette on 16th january 1997, insofar as article 5(g-a) came into force with effect from 7th february 1990. there ..... on clause 8 of the agreement has averred that the petitioner/owner is required to pay the stamp duty to the government and thereafter flat nos. 1 and 2 be given to the petitioner after construction by the developer and the same were going to be reconstructed. the reference is then made to ..... hereinafter stated and the remaining rs. 5,50,000/- (rupees five lacs fifty thousand only) are to be adjusted towards the constructional cost of flat nos, 1 and 2 and open terrace on the flat no. 5 to be constructed by the developer for the owner. the cash consideration is to be paid as ..... of stamps, pune. it is the case of the respondents that the petitioner had applied in a prescribed format under amnesty scheme for regularisation of document i.e. agreement dated 10th april, 1989. that agreement was to be adjudicated and stamp duty was to be recovered after notice and after perusing the contents .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : I(1999)DMC545
..... mrs. geetu aggarwal was, in fact, residing in usa at the time when the present complaint was filed by her father, as her general power of attorney.13. section 198-a, criminal procedure code deals with prosecution of offences under section 498-a of the indian penal code and it lays down that no ..... that the impugned complaint has not been properly instituted as the complainant has herself not filed the same and has filed through her father/general power of attorney. it has also been alleged that petitioner no. 3 has been falsely roped in, as the rare painting of the complainant cannot be ..... that time. it was further alleged that lokesh garg, husband of the complainant, filed a petition against her on 1.10.1992 under section 11 of the hindu marriage act through his attorney tara chand garg/ accused no. 2 and got the said petition dismissed as withdrawn on the ground that the parties ..... of the court by any other person related to her by blood, marriage or adoption. section 198-a was inserted in the criminal procedure code by the amending act 46 of 1983 when the offence under section 498-a, indian penal code was added in the indian penal code.14. section 198, criminal procedure code deals ..... there is no merit in this contention of learned counsel for the petitioners. the impugned complaint filed by father of mrs. geetu aggarwal, as general power of attorney is maintainable.17. so far as the case of petitioner no. 3, rakesh garg is concerned, the only allegation against him is about keeping of .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Rajasthan Jodhpur
..... inconvenience, especially in the case of non-resident persons. it has always been universally understood that a party can always act by his duly authorised representative. if a power-of-attorney holder can enter into an agreement or compromise on behalf of his principal, so can counsel, possessed of the requisite authorisation ..... considering the traditionally recognised role of counsel in the common law system, and the evil sought to be remedied by parliament by the c.p.c.(amendment) act, 1976, namely, attainment of certainty and expeditious disposal of cases by reducing the terms of compromise to writing signed by the parties, and allowing ..... provisions of order xxiii, rule 3 cpc and the same, therefore, cannot give rise to any valid submission. the further submission that as the amendment including the agriculture land, which was permitted by the trial court came to be set aside by this court and therefore, the same could not ..... was self acquired in the hands of nanu ram besides other pleas. during the pendency of the suit, the plaintiff filed an application seeking amendment of plaint under order vi, rule 17 cpc by incorporating one more relief in the relief clause, which pertained to partition of the agriculture land ..... the words 'in writing and signed by the parties', inserted by the c.p.c.(amendment) act, 1976, must necessarily mean, to borrow the language of o.iii, r. 1, c.p.c.: any appearance, application or act in or to any court, required or authorized by law to be made or done .....Tag this Judgment!
Court : Mumbai
Reported in : 2005(4)ALLMR893; 2005(5)BomCR206; 2005(3)MhLj829
..... for by the petitioner will have to be allowed.6. having said so we may now deal with another issue as to whether the amendment act 27 of 1985 is applicable. at the outset it may be pointed out that two learned single judges of this court in padma nair ..... to section 32a which was substituted with effect from 4th july, 1980 by maharashtra act 27 of 1985. that section requires that every instrument of conveyance, exchange, gift, certificate of sale, deed of partition or power of attorney to sell immovable property when given for consideration, deed or settlement or transfer ..... it is the case of the petitioner that she informed the respondents that the demand was illegal as the amendment by way of explanation to article 24 of schedule i to the bombay stamp act, 1958 came into force on 9th december, 1985 and the execution of the agreement was on 19th july ..... the date of commencement of the bombay stamp (amendment) act, 1985, an extract of the instrument to be taken from the registration record shall be deemed to be the true copy accompanying the instrument, presented for registration for the purposes of sub-section (1). under sub-section (2) if any officer ..... amended would be payable after 9th december, 1985. if the document is not presented for registration it would have the same effect as an unexecuted document. we are, therefore, of the view that the view taken in padma nair (supra) and itc ltd. (supra) would be the correct interpretation of item 25 of schedule i to the bombay stamp act .....Tag this Judgment!
Court : Karnataka
Reported in : 235ITR13(KAR); 235ITR13(Karn)
..... officer initiated proceedings under section 226(3) of the income-tax act and notice dated may 25, 1982, was issued in the name of the firm, which was served on srik. rehman khan on may 29, 1982. besides, sri k. rehmari khan, power of attorney holder of sri askar mirza was the manager of the newspaper southern ..... this act shall be commenced after the expiry of three years from the last date of the ..... in the notice. the allahabad high court observed that it is desirable and proper to mention the amount in the notice issued under section 226(3)(i). but it was observed that in every case where notice does not expressly specify even the sum due it will not be invalid. this judgment ..... that an affidavit of dr. mumtaz ahmed khan has been submitted. in this affidavit it is stated that the trust was taken as partner on march 1, 1984, in the firm salar publications and took over the business on dissolution on march 31, 1984. he also admitted that mr, askar mirza has ..... has no force and is rejected.7. regarding the limitation prescribed under section 231 of the act, it may be observed that the said section has been omitted by the direct tax laws (amendment) act of 1987 with effect from april 1, 1989. this section mentions that no proceedings for the recovery of any sum payable under .....Tag this Judgment!
Court : Delhi
Reported in : AIR1979Delhi40; 14(1978)DLT95; 1978RLR552
..... the bank became irregular and he was aot able to square up his account, the appellant wanted to take legal action. padmanabhan thereupon executed a general power of attorney in favor of the appellant on september 1, 1970 authorising it to manage, supervise, sell, dispose of the entire mortgaged property and apply the sale proceeds towards the liquidation of the amount ..... . this sub-sec.tion reads as under :- 'saveas otherwise provided in sub-section (2), the provisions of the principal act as amended by this act, shall apply to every suit, proceeding, appeal or application, pending at the commencement of this act or instituted or filed after such commencement, notwithstanding the fact that the right, or cause of action, in pursuance of which ..... by the landlords for possession of their property on forfeiture of the lease it was held that the provisions of the amending act would be attracted despite the fact the forfeiture had taken place in 1937 prior to the passing of the amending act. on appeal by the landlords the judgment was reversed. it was held :- 'in my judgment, the appeal succeeds, ..... enforcement by landlords of obligation to repair and similar obligations arising under leases. the amending act had a provision reading, 'this act applies to leases created, and to breaches occurring before or after the commencement of this act.' the question arose as to whether this provision of the amending act of 1939 had retrospective operation vis-a-vis rights which had crystalised under the .....Tag this Judgment!
Court : Delhi
Reported in : 1986(2)Crimes49; 30(1986)DLT165; 1985(9)DRJ328
..... 17th february 1980 on which date he noticed for the first time that the lock was missing. on the other hand, advertising to certain recitals in the power of attorney executed by smt. bani roy in favor of the petitioner and letter dated 20th february 1978 written by smt. bina gupta and smt. kalyani sen, ..... play and the period of limitation would be three years. sub-section (3) of section 468 which has been added by the code of criminal procedure (amendment) act of 1978 provides for limitation in relation to offences which may be tried together. it says that in relation to offences which may be tried together the ..... the crucial question, however, which falls for determination is whether cognizance of the offence under section 193 indian penal code would be barred by section 195(1)(b)(i) or not. the submission of the learned counsel for the- petitioner is that the alleged offence would fall within the ambit of second paragraph of section ..... the part of the private complainants to harass their opponents. in this view of the matter, i am fortified by the decision of a division bench of allahabad high court in ram pal singh v. state of up. & others, 1982 cri. l.j. 424. said the learned judge:"the effect of omission in the re ..... -enacted provision of the words "by a party to any proceeding in any court", occurring in section 195(1)(c) of the old code, clearly is that. the bar .....Tag this Judgment!
Court : Kerala
Reported in : AIR2007Ker146
..... or compromise would often cause undue delay, loss and inconvenience, especially in the case of non-resident persons. it has always been universally understood that a party can always act by his duly authorised representative. if a power of attorney holder can enter into an agreement or compromise on behalf of his principal, so can counsel, possessed of the requisite authorisation by vakalatnama ..... dignity of the legal profession.38. considering the traditionally recognised role of counsel in the common law system, and the evil sought to be remedied by parliament by the cpc (amendment) act, 1976, namely, attainment of certainty and expeditious disposal of cases by reducing the terms of compromise to writing signed by the parties, and allowing the compromise decree to comprehend even ..... parties to the suit. the agreements or compromise 'in writing and signed by the parties' was inserted in the rule by amendment act of 1976. prior to the amendment there was no prohibition for an oral compromise. but because of the amendment and insertion for an agreement or compromise in writing and signed by the parties, a compromise if not in writing or if ..... .40. accordingly, we are of the view that the words 'in writing and signed by the parties', inserted by the cpc (amendment) act, 1976, must necessarily mean, to borrow the language of order iii, rule 1, cpc:any appearance, application or act in or to any court, required or authorised by law to be made or done by a party in such court, may .....Tag this Judgment!