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Judgment Search Results Home > Cases Phrase: powers of attorney act 1882 amending act i powers of attorney amendment act 1982 Year: 2012 Page 1 of about 14 results (0.071 seconds)

May 10 2012 (HC)

Amritpal Singh Vs. Chandigarh Administration and Others

Court : Punjab and Haryana

Decided on : May-10-2012

..... is recognised and regulated by the power of attorneys act, 1882. therefore, the instructions, that the noc can be issued only when, it is applied for by the original owner is not justified. in basant nahata's case (supra), in pursuance of the state amendment in the registration act, 1908, the state government by notification could declare any power of attorney authorizing the attorney to transfer any immovable property ..... indian stamp act, 1899. section 11 thereof inserted clause 23a in schedule i to the indian stamp act. on 15.11.2007, an amendment carried by state of punjab ..... their registered general power of attorney qua their 1/3rd share in the house in question on 15.01.2008. smt. randhir kaur wife of jaswant singh also appointed the petitioner as her power of attorney qua her 1/6th share on 11.08.2004. the registration and other related laws (amendment) act, 2001 (parliament act no.48 of 2001) amended the registration act, 1908; the transfer of property act, 1882 and the .....

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Dec 05 2012 (HC)

Delhi Dayalbagh Coop. House Building Society Ltd. Vs. the Registrar Co ...

Court : Delhi

Decided on : Dec-05-2012

..... section 79 are not to be attracted to transactions mentioned in section 91 prior to the date of commencement of the amending act of 2006 for which the effective date is 13.01.2007. as noticed aforesaid, section 91 refers to the power of attorney transactions and agreement for sale and, thus, the occasion to obtain prior permission would not arise in such ..... applicable to delhi which, in turn, was repealed by the dcs act of 1972 and ultimately the said act in 2003 with subsequent amendments of 2006. learned amicus curiae has referred to the legislative debates advocating the intention in bringing out the said act. these include the enabling provision for power of attorney holders to become members; recognition of the fact that some time ..... and the property would not get a proper value. such a condition would be unconscionable and would be in violation of section 10 of the transfer of property act, 1882 (hereinafter referred to as, the tp act) being a condition restraining alienation. in our view, it would also, in a sense, be violative of section 73 of the indian contract ..... group was held to necessarily impose restrictions on full enjoyment of the property.33. learned amicus curiae also emphasized that the constitution (ninety seventh) amendment act, 2011 (hereinafter referred to as, the 97th amendment act) amended article 19(1)(c) in part iii of the constitution by inserting after the words or unions, the words or co-operative societies emphasizing the constitutional mandate qua .....

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Oct 18 2012 (HC)

Narendra Prasad and Others Vs. Indian Express Newspapers (Bombay) Priv ...

Court : Chennai

Decided on : Oct-18-2012

Reported in : 2012(3)MWN(Civil)561

..... leading of additional evidence, the law existing before the introduction of the amendment i.e. 1-7-2002, would stand restored. the rule was deleted by amendment act of 2002. even before insertion of order 18 rule 17-a, the court had inbuilt power to permit parties to produce evidence not known to them earlier or ..... trial. 5. the applicants have filed a rejoinder, dated 7.7.2012. in the rejoinder, it was stated that the first applicant was having the power of attorney for other applicants. therefore, the other applicants could not have done anything worthwhile. the computer information showed that it was disposed of. but, on very ..... of the code is not intended to be used routinely, merely for the asking. if so used, it will defeat the very purpose of various amendments to the code to expedite trials. but where the application is found to be bona fide and where the additional evidence, oral or documentary, will ..... ." 10. but, however in the same judgment in paragraphs 14,16, 19 and 20, the supreme court had observed as follows : "14. the amended provisions of the code contemplate and expect a trial court to hear the arguments immediately after the completion of evidence and then proceed to judgment. therefore, it ..... in the application) common order these three applications were filed by the applicants, who are plaintiffs in the suit in c.s.no.410 of 1982. the suit is for the grant of declaration that the suit properties are the properties held in the trust for the benefit of the plaintiffs .....

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Aug 07 2012 (HC)

Khalil Haji Bholumiya Salar and Others Vs. Parveen W/O. SayyeduddIn Ra ...

Court : Mumbai

Decided on : Aug-07-2012

..... of the cancellation. mehboob mujawar had no option but to accept the situation. however, respondent no.3, on behalf of herself and acting on the power of attorney of respondent no.1, filed regular civil suit no. 361 of 2004 alleging that the gift was infact a sale and seeking to exercise their right of ..... police. 14. having failed in the attempts of browbeating respondent no.2, another scheme was hatched by respondent no.3 who held the power of attorney from respondent no.1 to appoint dr. mohammed razak as the arbitrator, thinking that he would be pliable and would give a biased award in favour of respondent ..... 2 and respondent no.3 to deceive this court. she contends that, she had appointed respondent no.3 as her constituted attorney vide power of attorney dated 17th august, 1989. this power of attorney was misused by respondent no.3 to harass and persecute respondent no.2 and also to make false statements on behalf of ..... where the parties have arrived at a compromise. order 23, rule 3 and rule 3-a of the code of civil procedure as added by amending act no. 104 of 1976 read together, makes it clear that a party to the suit is debarred from filing suit for setting aside compromise decree ..... shall have same powers and shall perform as nearly as may be the same duties as are conferred and imposed by the code on courts of original jurisdiction in respect of suits instituted therein. therefore, the provisions of order 23 apply in full force to appeal proceedings. by amendment of cpc, rule .....

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Aug 07 2012 (HC)

Khalil Haji Bholumiya Salar and Others Vs. Parveen W/O. SayyeduddIn Ra ...

Court : Mumbai

Decided on : Aug-07-2012

..... of the cancellation. mehboob mujawar had no option but to accept the situation. however, respondent no.3, on behalf of herself and acting on the power of attorney of respondent no.1, filed regular civil suit no. 361 of 2004 alleging that the gift was infact a sale and seeking to exercise their right of ..... police. 14. having failed in the attempts of browbeating respondent no.2, another scheme was hatched by respondent no.3 who held the power of attorney from respondent no.1 to appoint dr. mohammed razak as the arbitrator, thinking that he would be pliable and would give a biased award in favour of respondent ..... 2 and respondent no.3 to deceive this court. she contends that, she had appointed respondent no.3 as her constituted attorney vide power of attorney dated 17th august, 1989. this power of attorney was misused by respondent no.3 to harass and persecute respondent no.2 and also to make false statements on behalf of ..... where the parties have arrived at a compromise. order 23, rule 3 and rule 3-a of the code of civil procedure as added by amending act no. 104 of 1976 read together, makes it clear that a party to the suit is debarred from filing suit for setting aside compromise decree ..... shall have same powers and shall perform as nearly as may be the same duties as are conferred and imposed by the code on courts of original jurisdiction in respect of suits instituted therein. therefore, the provisions of order 23 apply in full force to appeal proceedings. by amendment of cpc, rule .....

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Feb 14 2012 (HC)

V.T.R.Palanlisamy Chettiar Vs. V.T.R.Srinivasan

Court : Chennai

Decided on : Feb-14-2012

..... delivered on 22.4.2004. even before the delivery of judgement and decree by the trial court, civil courts amendment act 2004 had come into force i.e. from 8.1.2004. after the said amendment had come into force, admittedly, no objection was filed by the respondents, questioning the pecuniary jurisdiction of the ..... case, the respondents have not taken the objection before the trial court at the earliest possible opportunity, that is, immediately after the civil courts amendment act 2004 had come into force. he has also not raised it as a ground in the memorandum of grounds in the appeal filed before the ..... salem was competent to try the suit, as it had unlimited jurisdiction. it is also pointed out that after the enactment of the civil courts amendment act 2004, the respondents herein had ample time to raise the issue before the trial court, but they have failed to raise the same before passing ..... court, holding that the jurisdiction of the trial court, namely, the additional sub court, salem, has been ousted by virtue of the civil courts amendment act 2004 and in view of the fact that the plaintiff claimed damages for wrongful occupation of the suit property by the 1st defendant and tentatively stipulated ..... section 12(2) of the tamil nadu court fees and suit valuation act, 1955.6. the learned counsel for the appellant relied on yet another decision of this court reported in 2000-3-lw-182 (b.devendrakumar by his power of attorney agent m.arunachalam vs. r.ranganathan (died) and another) to .....

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Oct 04 2012 (HC)

Rajat Lal Vs. Commissioner of Income Tax

Court : Allahabad

Decided on : Oct-04-2012

..... except very small amount to the assessee. the permission to construct upto plinth level was obtained in november, 1996. the power of attorney was executed in march, 1999. the bombay high court examining the provisions of the amended act w.e.f. april 1st, 1988 enunciated the principles for the applicability of section 2 (47) (v) and held ..... down was the passing of or transferring the complete control over the property and not any execution of agreement or power of attorney. the bombay high court also found that almost the entire sale consideration of rs.1,85,63,220/- in that case except for small amount of rs.9,98,000/- was paid on 31st ..... of an immovable property which is included in the expression 'capital asset' as defined under section 2 (14) of the act, has to be gathered from section 54 of the transfer of property act, 1882. where the transfer is to take effect only on payment of entire consideration amount, it has to be held that there ..... m. ramaswamy, (1985) 151 itr 122 (mad); k.n. narayanan and anr. v. ito, (1984) 145 itr 373 (ker) and cwt v. babulal jatia, (1982) 137 itr 540 (cal.), the appellate authority held:- "all the above authorities are unanimous in their view that the shares of a company can be transferred only when they are ..... . the first installment agreed to be paid on 31.10.1996 was actually paid on 15.11.1996. the second installment agreed to be paid on 1.1.1997 was paid on 6.3.1997 and the third installment to be paid on 30.4.1997 was paid from 15.3.1999 to 10.3. .....

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May 11 2012 (SC)

State of M.P. Vs. Rakesh Kohli and anr.

Court : Supreme Court of India

Decided on : May-11-2012

..... of the government in the state of madhya pradesh.12. article 48 in the 1899 act as amended by m.p. 1997 act was substituted by m.p. 2002 act. the new provision, article 45 in respect of power of attorney in schedule 1-a which was brought in by m.p. 2002 act reads as follows :"schedule-1astamp duty on instruments(see section 3)description of instrumentproper ..... original article 48, schedule 1-a read as under: "schedule-1a ..... stamp duty45. power of attorney [as defined by section 2(21)] not being a proxy:-when authorizing one ..... a specified person to act for and in the name of the person executing it;"10. the 1899 act has been amended from time to time by the madhya pradesh state legislature insofar as its application to the state of madhya pradesh is concerned. the stamp duty on power of attorney was originally prescribed in article 48, schedule -1-a of the 1899 act. clause (f) in .....

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Sep 12 2012 (HC)

Gangula Narasimha and Others Vs. Government of Andhra Pradesh Rep. by ...

Court : Andhra Pradesh

Decided on : Sep-12-2012

..... endowments act have application to ggt. whether the provisions of the indian trusts act, 1882 have application to ggt: 46. as regards the applicability of the indian trusts act, 1882 (act 2 of 1882) (for short the trusts act), we may notice the preamble of the act which reads thus: an act to define and amend the law ..... also sold away other lands of the trust to various other housing societies/welfare associations and also to individuals during the years 1982 and 1987. the ayyappa society with their funds formed roads, underground drainage ..... of ac.71.03 gts in sy.nos.11/14 to 11/18. under three registered sale deeds dated 22.5.1982, 2.7.1982 and 2.8.1982, swamy ayyappa housing society purchased a total extent of ac.140.20 gts in sy.nos.11/8 to 11/18 of ..... trust to swamy ayyappa cooperative housing society, a.p. state housing corporation and other societies under various registered sale deeds in the year 1982. the societies developed the land obtaining layouts from the gram panchayat and in turn sold away plots to its members and developed the land ..... 1)(iv) of the ulc act. sri swamy ayyappa cooperative society got the layout approved by the gram panchayat and from time to time sold the plots to as many as 1215 members under various registered sale deeds and most of them have constructed buildings in their respective plots. kishanlal either by himself or through his general power of attorney .....

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Sep 12 2012 (HC)

Gangula Narasimha and Others Vs. Government of Andhra Pradesh Rep. by ...

Court : Andhra Pradesh

Decided on : Sep-12-2012

..... endowments act have application to ggt. whether the provisions of the indian trusts act, 1882 have application to ggt:46. as regards the applicability of the indian trusts act, 1882 (act 2 of 1882) (for short 'the trusts act'), we may notice the preamble of the act which reads thus: "an act to define and amend the law ..... also sold away other lands of the trust to various other housing societies/welfare associations and also to individuals during the years 1982 and 1987. the ayyappa society with their funds formed roads, underground drainage ..... of ac.71.03 gts in sy.nos.11/14 to 11/18. under three registered sale deeds dated 22.5.1982, 2.7.1982 and 2.8.1982, swamy ayyappa housing society purchased a total extent of ac.140.20 gts in sy.nos.11/8 to 11/18 of ..... trust to swamy ayyappa cooperative housing society, a.p. state housing corporation and other societies under various registered sale deeds in the year 1982. the societies developed the land obtaining layouts from the gram panchayat and in turn sold away plots to its members and developed the land ..... 1)(iv) of the ulc act. sri swamy ayyappa cooperative society got the layout approved by the gram panchayat and from time to time sold the plots to as many as 1215 members under various registered sale deeds and most of them have constructed buildings in their respective plots. kishanlal either by himself or through his general power of attorney .....

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