Court : Mumbai
Decided on : Jan-15-2015
..... 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
Decided on : Jul-31-2015
..... 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 : Supreme Court of India
Decided on : Apr-08-2015
..... is as to whether courts shall be guided by the provisions of order xiv rule 2 of the code of civil procedure or section 9a of the code as amended by maharashtra amendment act, in the matter of deciding the objection with regard to jurisdiction of the court which concerns the bar of limitation as a preliminary issue.36. indisputably, the subject of ..... of the law of limitation it would not warrant adjudication.19. thus, with the intention to put the aforesaid practice to rest, the state legislature introduced section 9a by the amendment act of 1969 requiring the court to decide the issue of jurisdiction at the time of granting or vacating the interim relief. in other words, the legislature inserted section 9a to ..... the court with reference to the subject matter, territorial or pecuniary jurisdiction, which ousts the jurisdiction of the court. mr. nariman submitted that initially section 9a was enacted by maharashtra amendment act of 1969 because of judgments rendered by the bombay high court. it was only for the purpose of deciding objections as to the jurisdiction either territorial or pecuniary, section 9a ..... before the proper court, the same was not pursued.6. in 1968-69, disputes arose between the golwals and respondent nos. 1 and 2 in relation to the land development agreement and the power of attorney executed in favour of respondent no.1 was revoked. the golwals then assigned their entire leasehold interest in favour of the appellant society vide agreement dated 25.03 .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-05-2015
..... 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 : Karnataka
Decided on : Mar-12-2015
..... , the suit is dismissed on the ground that the plaint is defective and plaintiff has not signed the plaint and general power of attorney executed by him in favour of power of attorney holder is not produced. on those grounds, without recording evidence and without permitting the plaintiff to adduce evidence, the plaint cannot ..... air2006sc3672 after noticing the aforesaid judgment at para 12 have held as under : though there has been a slight amendment in the language of order xiv rule 2 cpc by the amending act, 1976, but the principle enunciated in the above quoted decision still holds good and there can be no 23 ..... finding of the trial court cannot be sustained and accordingly, it is hereby set aside. point no.(b) barred by law:23. section 3 (1) of the limitation act, 1963 puts an embargo on the court to entertain a suit if it is found to be barred by limitation. section 3 reads as under : ..... written statement consenting for a decree. other defendants did not file written statement.8. on the aforesaid pleadings, the trial court framed the following issues :1. whether the plaintiff proves that the sale deed dated 29-06-1983 registered as document no.189/83-84 in the office of the sub-registrar, ..... at kodialbail village of mangalore taluk, within the limits of mangalore city corporation, bearing r.s.no.385/1a, t.s.no.218/1a measuring 1 acre 66 cents. 6 4. the case of the plaintiff is that the schedule property along with other properties originally belonged to kodialguthu family, of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-16-2015
..... are some troubling questions that need an answer with reference to the issue before us, namely, the constitutional validity of the 99th constitution amendment act. 1 judicial pronouncements and the third preliminary issue 242. the learned attorney-general submitted that in any event the second judges case requires reconsideration. there is large volume of case law which gives guidance on ..... the transfer of property in goods involved in the execution of works contracts. the power to impose this tax became available to the state legislatures as a result of the amendments introduced in the constitution by the constitution (forty-sixth amendment) act, 1982. the constitutional validity of this amendment act had been upheld in builders association of india v. union of india.. ..... to alter the basic structure of the constitution. . the attack, therefore, is not on the basic structure of the constitution but on the amending power of parliament.401. the learned attorney-general placed reliance on the following passage from the judgment of justice krishna iyer in bhim singhji v. union of india. to contend that for ..... to the constitution, that is, the will of the people. the constitution was supreme and even parliament has no unlimited amending power. learned attorney general rightly submitted that the last word on the validity of a constitutional amendment is of this court. even if the judiciary is not an elected body, it discharges the constitutional functions as per the .....Tag this Judgment!
Court : Delhi
Decided on : Aug-26-2015
..... promoters/promotersrelations. (clause 2.6) (iv) affidavits by the owners of the aforesaid properties agreeing to create second charge on the properties in favour of lender. (clause 2.6.1) (v) power of attorney by mr. kapil kumar and ms. rittu kumar in connection with second charge. (clause 2.6.2) (vi) will by mr. kapil kumar and ms. rittu kumar in connection ..... valid and binding charge and a mortgage? in this regard, it is necessary to read sections 100 and 101 (dealing with creation of a charge) of the transfer of property act, 1882. we may also note the provisions of sections 58 and 59 defining mortgage. 20.12. for the purposes of convenience, we extract the relevant statutory provisions of the transfer property ..... , then there is no injustice but in practice hardly any court grants actual costs to the opposite side. the courts have very wide discretion in the matter of amendment of pleadings but court's powers must be exercised judiciously and with great care. ? (emphasis by us) 10.19. the summation of the discussion is to be found in para 63 of revajeetu ..... basic principles emerge which ought to be taken into consideration while allowing or rejecting the application for amendment: (1) whether the amendment sought is imperative for proper and effective adjudication of the case; (2) whether the application for amendment is bona fide or mala fide; (3) the amendment should not cause such prejudice to the other side which cannot be compensated adequately in terms of .....Tag this Judgment!
Court : Mumbai Aurangabad
Decided on : Jul-29-2015
..... amir khan and others, privy council exposited the legal position that 11 vol xxxii the weekly reporter 262 12 (1920) lr 47 ia 255 1 although power of a court to amend the plaint in a suit should not as a rule be exercised where the effect is to take away from the defendant a legal right ..... the date of the application. but that is a factor to be taken into account in exercise of the discretion as to whether amendment should be ordered, and does not affect the power of the court to order it, if that is required in the interests of justice." 36. the apex court in rajeshkumar aggrawal ..... the cropper's case (supra), in an action against a lessee for setting aside a lease, in the statement of claim it was alleged that the power of attorney of donee had received specified sum as a bribe. in the statement of defence, each circumstance was denied but there was no general denial of a ..... allowed to say that this humble branch of learning is very familiar to me. my practice has always been to give leave to amend unless i have been satisfied that the party applying was acting mala fide, or that, by his blunder he had done some injury to his opponent which could not be compensated for by ..... costs or otherwise." (emphasis added) 38. the rule, however, is not a universal one and under certain circumstances, such an amendment may be .....Tag this Judgment!
Court : Chennai
Decided on : Sep-14-2015
..... are right in holding that ex.b.8 dated 05.12.1994 sale deed is void when amendment under section 28 of the registration act came into force only on 29.03.1997 under the tamil nadu act 19 of 1997?. (b) whether the courts below are right in decreeing the suit of ..... after the death of murugesan, when his son was enjoying the properties, one ganapathia pillai was looking after the properties of saminathan and he was acting as an agent. after the death of saminathan, when somasundaram was enjoying the properties, the said ganapathia pillai continued to manage the properties. 13. ..... 03.1997, however the main section was very much available in the act even prior to the amendment. in these circumstances, the contention raised by the learned counsel for ..... section 28 of the registration act came into force only on 29.03.1997 cannot stand for the reason that section 17 of the registration act itself is very clear about the place of registration of the document. the only amendment to section 28 of the registration act came into force on 29. ..... .a.1 sale deed dated 24.02.1902, one murugesan purchased the suit property from subramania pillai. after his death, his son saminathan succeeded to the suit properties. after the death of saminathan, his legal heir somasundaram succeeded to the properties. the said somasundaram executed ex.a.19, power of attorney deed dated .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-20-2015
..... ?? (a) affect any immovable property comprised therein, or (b) confer any power to ..... .05.2004, whereas the defendant was claiming under a sale deed dated 15.12.2003. further, the sale deed in favour of the plaintiff had been executed by the registered power of attorney holder executed by the original owners, to which the vendors were the consenting witnesses. whereas, the sale deed in favour of the defendant was executed by the owners themselves ..... such insertion of sub-section 1(a) to section 17, section 49 of the registration act, 1908 has also been amended to delete a portion of the said section which provided: ??49. effect of non-registration of documents required to be registered. ??no document required by section 17 or by any provision of the transfer of property act, 1882 (4 of 1882), to be registered shall ..... . the trial court had framed the following issues: ??1. whether the plaintiff proves that he is in lawful possession of the suit schedule property on the date of suit? 2. whether the .....Tag this Judgment!