Court : Rajasthan
Decided on : Nov-28-2000
Reported in : 2001(1)WLC433; 2001(1)WLN226
..... ultra vires and that a mandamus be issued to the sub-registrar to register the power of attorney dated 16.7.1999.13. the power of attorney act, 1882 (act 7 of 1882), came into force on the first day of may, 1882. the power of attorney includes any instrument empowering a specified person to act for and in the name of the person executing the document. there is no provision of ..... . f.2(2) fd/tax division/99-189 (annexure/3) dated 1.4.1999 as amended by notification no. f.2/fd/tax.div./99-213 dated 22.4.1999 (annexure/4) is also arbitrary. in the absence of any substantive provision of law limiting the life of any power of attorney to be a period of three years, registration of such instrument without ..... be arbitrary. so far as the notification annexure/3 dated 26.3.1999, as published in the gazette dated 1.4.1999, is concerned, the same is legal. it will not be out of place to mention that the aforesaid notification was amended by notification annexure/4 and the period was extended from six months to three years. in respect of the ..... view of aforesaid discussion, the provisions of section 22-a of the indian registration act as amended in rajasthan as well impugned notifications ex. 3,4, 6 & 7 are liable to be held ultra vires and invalid.[dr. ar. lakshmanan, cj.](per hon'ble rajesh balia, j.):41. i have had the advantage of perusing the order proposed by my lord the chief .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-07-2000
Reported in : ILR2000KAR4134; 2001(1)KarLJ364
..... of the land or any purchaser from the original owner or a general power of attorney holder from the original owner, in certain circumstances, subject to the conditions stated therein. the amendment act was published in the karnataka gazette, dated 5-1-2000. sub-section (2) of section 1 of the amendment act provided that the amendment act shall come into force on such date as the state government may ..... -c(2).during the pendency of these petitions, the governor of karnataka, in exercise of the power conferred under article 213(1) of the constitution of india, promulgated bangalore development authority (amendment) (repealing) ordinance, 2000 (karnataka ordinance 4 of 2000), repealing bangalore development authority (amendment) act, 1999 (karnataka act 1 of 2000). thus section 38-c as still-born as it was repealed even before it was ..... that stage, on 22-6-2000, the governor of karnataka, in exercise of power conferred by clause (1) of article 213 of the constitution of india, promulgated bangalore development authority (amendment) (repealing) ordinance, 2000 (karnataka ordinance 4 of 2000), repealing bangalore development authority (amendment) act, 1999 (karnataka act 1 of 2000). petitioners have thereafter amended their writ petitions challenging the constitutional validity of said ordinance on several grounds .....Tag this Judgment!
Court : Chennai
Decided on : Jan-31-2000
Reported in : AIR2000Mad266
..... 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 ..... of judicial administration. 38. 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 the compromise decree to comprehend even ..... are of the view that 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 order iii, rule 1, c.p.c. : 'any appearance, application or act in or to any court, required or authorized by law to be made or done by a party in such court ..... in part performance of that contract, she was put in possession of scheduled property. according to her, time is not essence of the contract. while she was in possession. respondents 1 and 2 committed trespass in the suit property and they attempted to dispossess petitioner and under those circumstances, she filed the suit for permanent prohibitory injunction.4. petitioner also moved .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-15-2000
Reported in : 2001(2)ARBLR284(Bom); 2001(1)BomCR592; (2001)1BOMLR169; 2000(4)MhLj819
..... could always be done by an authorised agent and therefore, an application under section 26-a could be signed by an authorised agent or a power of attorney holder of the partner and there was no need for the partner to personally sign such an application. the maxim qui facit per alium facit ..... the intention is to make it a self-contained code. reference may be made to section 9 of the 1996 act. section 9 deals with the power of the court to make interim measures for (i) appointment of a guardian pendente lite for a minor or a person of unsound mind (ii) the preservation, interim ..... kumar v. mangal sain wadhera, are relied upon to contend that the courts ought to be liberal in the matter of granting applications for amendments. it is contended that the chamber summons taken out for an application to implead haresh melwani was within the time limit prescribed by article 137 of the ..... scheme. the supreme court emphasised that, as declared in the preamble of the 1922 act, the act was one intended to consolidate and amend the law relating to income-tax and, therefore, the provisions of the indian income-tax act, 1922 had to be construed as forming a code complete in itself and exhaustive of ..... unworkable. hence, mr. bulchandani contends that there is a good case for reviewing my previous order dated 23.4.1999 and for allowing the amendment sought for by the chamber summons which has been rejected under an erroneous view of the law.13. mr. bulchandani placed reliance on bastar transport .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-03-2000
Reported in : 2000(4)ALLMR744; 2001(2)BomCR153; (2001)1BOMLR418; 2001(2)MhLj625
..... plaint was actually presented by the brother of the plaintiff, but as the plaintiff had not executed any power of attorney in hisfavour, the defect was cured by the plaintiff by seeking an amendment and thereby putting his signature on the plaint and verification. it is submitted that the fact that the ..... from obtaining an order for eviction of the plaintiff in the application made by the defendant under sec. 41 of the presidency small causes courts act, 1882, or from executing the order for eviction obtained by him in such application.in order to determine which court has jurisdiction to try a suit ..... of filing of the suit or it was filed without his knowledge or instruction. further this irregularity came to be cured by subsequent amendment made on 29.1.1986 under which the trial court permitted the plaintiff to sign the plaint and so also the verification. this fact is not challenged ..... plaintiff.12. as regards the challenge of the petitioner to the jurisdiction of the court is concerned, section 28 of the bombay rent act provides as under: -'28. (1) notwithstanding anything contained in any law and notwithstanding that by reason of the amount of the claim or for any other reason, ..... to appreciate the case of the petitioner and the judgement and decree stands vitiated.8. ms geeta shastri, learned counsel for the respondent no. 1-original plaintiff, submitted that the suit as filed and presented before the small causes court was well within jurisdiction of the said court as the .....Tag this Judgment!
Court : Chennai
Decided on : Oct-12-2000
Reported in : 2000(4)CTC617; 2001(76)ECC459; 2001(129)ELT29(Mad)
..... proprietor of the applicant did not obtain the authorisation from the exporters as contemplated under regulation 14(e) of the regulations. the statement of sri sukumaran who was the power of attorney of the applicant-proprietor disclose that the evasion of the customs duty was with his connivance and the applicant had no part in the same. the tribunal after upholding the ..... of rs.80 lakhs. in all the three cases, the documents were filed by the applicant sri kamakshi agency, represented by its proprietor thiru natarajan and was operated through his power of attorney sri d. sukumaran. on an enquiry held by the directorate of revenue intelligence, madras, sri. natarajan deposed to the effect that he signed the bills by getting a remuneration ..... on depositing further sum of rs.25,000, the licence would stand renewed with effect from 1.1.1997. the tribunal also directed that the applicant should conduct the business personally in future and not to appoint any power of attorney holder and that he should comply with the act more scrupulously. with the above modifications of the order of the respondent, the appeal was ..... licence itself. the cha licence was issued under regulation 10 and the period of the validity of regulation licence issued under section 10 which was originally three years was subsequently amended in the year 1994 and the period was extended to five years. 3. on a search conducted by the officers of the directorate of revenue intelligence, madras in the premises .....Tag this Judgment!
Court : Delhi
Decided on : May-01-2000
Reported in : 2000VAD(Delhi)856
..... illegal and contrary to law. be further ordered that the cancellation is of no effect and the original power of attorney executed by the plaintiff in favor of the defendant no. 3 is still valid and can be acted upon as per its construction.'consequential amendments have also been sought in the title and para no. 16 of the written statement. 2. plaintiff has ..... and the time from which the limitation begins to run is when the right to sue first accrues. right to sue first accrued to defendants 1 & 2 when they learnt about the cancellation of general power of attorney by the plaintiff under the deed of cancellation dated 2nd may, 1979. at any rate, on receipt of the summons of the suit by defendants ..... about 9th august, 1978. in addition to execution of the said agreement to sell, the plaintiff also executed a general power of attorney on 9th august, 1978 in favor of defendant no. 3, nominee of defendants 1 & 2. it is alleged that defendants 1 & 2 committed defaults in performing their part of the obligation under the said agreement to sell and the same thus ..... sought for conducting an enquiry as to the mesne profits in regard to the said property from 9th august, 1978 onwards. 4. in the joint written statement filed by defendants 1 to 3, it is not disputed that the plaintiff is a sub lessee of said plot no. 1030 and owner of the superstructure raised thereon; that under an agreement to .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-07-2000
Reported in : 245ITR288(All); 118TAXMAN68(All)
..... 1999, an application for adjournment signed by sri h.g. agarwal was moved. the tribunal dismissed the said application on the ground that there was no power of attorney or vakalatnama in favour of the said sri h.g. agarwal, authorising' him to represent the appellant and, therefore, the application for adjournment was rejected ..... be penalised for the default of his counsel. the same principle applies to a representative like a practising chartered accountant. therefore, if there was no power of attorney in favour of sri h.g. agarwal filed along with the memorandum of appeals or before the hearing, the tribunal should have brought this fact to ..... similarly, the supposed defect in the memorandum of appeals should also have been brought to the notice of the appellant requiring if to make the necessary amendments. this has not been done and we find that the petitioner has been deprived of his right of appeal because of some deficiencies on the part ..... memorandum of appeals were defective. in cit v. s. chenniappa mudaliar [1969j 74 itr 41, the supreme court held that an appeal under the income-tax act has to be decided on the merits and cannot be dismissed for default. therefore, the absence of sri h.g. agarwal was immaterial, so far as ..... 1. by this petition under article 226 of the constitution of india, the petitioner, an assessee under the income-tax act, 1961, challenges an order dated july 29, 1999, passed by the income-tax appellate tribunal, 'a' bench, allahabad, in ita nos. 753 and .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-30-2000
Reported in : 2000(6)ALD697; 2001(1)ALT62
..... in the cross-examination the said surender kumar has admitted that on the date of signing the plaint and verifying the same, he had no special power of attorney, the trial court should have framed an issue with regard to the maintainability of the suit, which has to be decided in the first instance ..... issued to shimoga national college of engineering, that the goods were sent to them and there is absolutely no plea and no proof of the defendant acting as an agent, that there is no signature of defendant and that rs.13,000/- was paid by defendant or that the college did not pay ..... by either party. rule 5 contemplates that the court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit, and all such amendments or additional issues as may be necessary for determining the matters in controversy between the parties shall be ..... by the plaintiff company, more precise, the materials covered under exs.a1 and a2 were not supplied by the plaintiff company to the defendant no.1 and that the materials covered under ex.a3 were supplied to first defendant but was supplied to jawaharlal nehru national college of engineering, shimoga, and ..... demand by the plaintiff and as such the demand notice is illegal and improper.5. based on the above pleadings, the trial court framed following issues:1. whether the plaintiff is entitled for the said amount? 2. whether the interest claimed is not correct? 3. whether the defendants are not liable to .....Tag this Judgment!
Court : Kerala
Decided on : Mar-01-2000
Reported in : 108CompCas841(Ker); 2000CriLJ2155
..... 698 ;  88 comp cas 800 (ker) a single judge of this court has held that a power of attorney of a payee or holder in due course can make a complaint under section 142 of the negotiable instruments act.15. i am in respectful agreement with the view expressed by this court in the above judgments. therefore, the contention of ..... act, the ingredients of section 138 of the negotiable instruments act should be satisfied, is also not sustainable, since it ..... .8. the argument advanced by counsel for the petitioner that section 27 of the negotiable instruments act is applicable only with regard to civil liability and section 138 of the act being a special offence specifically created by amendment of the negotiable instruments act very recently, in order to attract the criminal liability under section 138 of the negotiable instruments ..... is clear from the negotiable instruments act that the provisions of section 27 .....Tag this Judgment!