Court : Kolkata
Reported in : 2006(4)CHN598
..... as to power of the government in relation to such grants. preamble to the said act makes it clear that a doubt had arisen as to restrictions upon grants and other transfer of land made by it or under its authority by limiting the extent and operation of the transfer of property act, 1882.17. ..... any vacant land or land with building; or(b) delegating right of enjoyment and management of any land or building by executing a power-of-attorney (including irrevocable power-of-attorney), or(c) creating tenancy on any land or building for twenty years and above; or(d) creating mortgage or charge or encumbrances and ..... 21' may, 1988, which is set out as under:in exercise of the power conferred by sub-section (1) of section 22a of the registration act, 1908 (16 of 1908), as annexed by 'the registration (west bengal amendment) act, 1981 (west ben. act 43 of 1981), on its application to west bengal, and in supersession of ..... original owner and the petitioner.10. after the copies were furnished in terms of the said letter, the respondent-authorities by a letter dated 8'1 september, 2005 asked the petitioner to show-cause why the registered deed of sale dated 14'' of june, 1994 should not be treated as void ..... to public policy.(2) the registering officer shall examine whether a document prescribed for registration is one to which a notification under sub-section (1) is applicable and shall take such evidence as may be produced by the parties and may also require them to produce all documents in their .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1955SC298; (1955)57BOMLR723; 1SCR1311
..... be extending thebounds of section 3 beyond its contents. the object of the act as declared inthe preamble is to remove certain doubts 'as to the extent and operationof the transfer of property act, 1882, and, as to the power of the crown toimpose limitations and restrictions upon grants and other transfers of landmade ..... crowngrant, exhibit a should be construed in favour of the crown and against thegrantee. on the other hand, it was argued by the learned attorney-general thatit should make no difference in the construction of the grant, whether thegrantor was the crown or a subject, as the question in ..... so that it might be in a position to pass it on absolutelyfor public user. in in the matter of the land acquisition act : the governmentof bombay v. esupali salebhai i.l.r  bom. 618 batchelor, j.observed : 'in other words government, as it seems to me, arenot debarred ..... to thepayment of taxes, rates, charges, assessments leviable or chargeable in respectof the said premises or anything for the time being thereon'. on 16-1-1888the mission sold all the three parcels to one janardan gopal, and the secretaryof state joined in the conveyance for effectually releasing the reversion ofthe ..... out lies heavily on them. 8. the learned attorney-general has sought to establish a right in therespondents in limitation of the right of the appellant to assess the lands onthree grounds : (1) the foras act no. vi of 1851, (2) the land acquisitionproceedings under act no. vi of 1857, and (3) the .....Tag this Judgment!
Court : Chennai
Reported in : AIR1914Mad287; 22Ind.Cas.775; (1914)26MLJ227
..... rule in question is a rule of practice or procedure and within the powers conferred by section 9. the preamble to the rules states that they are made ' by virtue of the powers conferred by the presidency small cause courts act of 1882...and of all other powers hereunto enabling, the high coart....';our attention has not been called to ..... thing from regulating procedure.' now can we draw any distinction between a right of appeal conferred by statute and the right to apply for a new trial i think we cannot. our attention has not been called to any case in which any such suggested distinction has been drawn, nor to any case in which ..... right to apply for a new trial.' it says that '' the small cause court may, on the application of the party, order a new trial '' but i think on the true construction of the section it gives a right to a party to apply for a new trial.3. as regards the right of appeal, ..... reference to the question as to whether the rule in question here is ultra vires or not. morgan v. bowles (1894) 1 q.b. 236 had reference to a provision of an act which imposed an obligation on a party appealing to give security for costs. then certain rules were passed which did not reproduce ..... it is well settled that a right of appeal is not a practice or procedure. i may refer to certain observations made by lord westbury in a case to which our attention has been called, attorney general v. sillen (1864) 11 eng. rep. 1200. the lord chancellor thus describes the right of appeal he says ' .....Tag this Judgment!
Court : Chennai
Reported in : AIR1972Mad323
..... objection raised by the judgment-debtor to the payment of the decree amount to the decree-holder or his power of attorney agent. i allow the petition with costs.3. it is for the decree-holder to satisfy the several requirements of ..... securities and the import and export of currency and bullion. the first part of the preamble clearly shows that the object of the enactment was to regulate payments also. it cannot be said that section 5 is beyond the scope of the preamble, i accept the ..... outside india, and not for payment in india to a foreigner or a citizen. i am unable to accept the contention, for section 5 does not permit such interpretation. the learned counsel also referred to the preamble of the act, wherein it is provided that the aim of the act is for providing for the regulation of certain payments, dealings in foreign exchange and ..... effect. in the record as it stands, the allegation by the judgment-debtor has not been controverted. the power of attorney agent generally denies the allegation and his statement is of no value. section 5(1), clauses (a) and (c) of the foreign exchange regulation act (vii of 1947) are clear that no payment shall be made to or for the credit of any .....Tag this Judgment!
Court : Karnataka
Reported in : (2005)196CTR(Kar)585; 279ITR226(KAR); 279ITR226(Karn)
..... whether incorporated or not.to hold' is defined under section 2(1) of the ceiling act in relation to vacant land means, to own such land; or to possess such land as owner or as a tenant or as a mortgagee or under irrevocable power of attorney or under a hire purchase agreement or partly in one of ..... and the decisions on which reliance is placed, we intend to notice the provisions of the urban land ceiling act, 1976.the preamble of the act provides for the object and purpose of the act. the object of the act is to impose a ceiling on vacant land in urban areas and acquisition of such land in excess of ..... assumed market; the value being what an assumed willing purchaser would pay for it'.26. the central board of revenue in exercise of the powers conferred by section 46 of the wt act, 1957, has framed wt rules, 1957, and it is deemed to have come into force on the 1st day of april, 1957. ..... is subject to the rules that may be framed by the central board of revenue in exercise of their power conferred by section 46 of the act. the power conferred under this section on the wto is the judicial power, which is open to review by the aac, and the tribunal as held by this court in u ..... the ceiling limit.19. the urban land (ceiling and regulation) act, 1976 ('ceiling act' for short) has received the assent of the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2009(6)ALT295
..... bank guarantee issued and maintained pursuant to section 2.9. in respect of developer company default event under sections 8.1.1(i), 7.1.1(iii), 7.1.1(v), 7.1.1(vi), 7.1.1(vii), aphb shall be entitled immediately to terminate this agreement and revoke the power of attorney and proceed with the encashing/invoking of the bank guarantee for the amount due to aphb.45. the respondent ..... dated 26.10.2005 stood superseded by the agreement dated 08.02.2006, that issuance of power of attorney to the petitioner was among the obligations under clause 3.1 of the agreement, that this obligation had to be fulfilled by the respondent-board without any further act or thing having to be done by the petitioner and, until and unless this obligation was ..... a power of attorney in the format specified in schedule 1: power of attorney with the developer company on the effective date and make available the said parcel of land on an 'as-is-where-is-basis', for the developer company to undertake and execute the project in accordance with the terms and conditions mutually agreed between the parties.41. clause h of the preamble to ..... the agreement dated 08.02.2006 takes note of the request for proposal. while clause 3.1 of the agreement refers to the 'effective date' the said expression is not defined therein. it is only in the clause .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1964All441
..... debt from sethiya was to realise it from his judgment-debtor by executing the decree obtained by him. the circumstances in which the power of attorney was executed have been described in detail in the preamble of this document the power of attorney was expressly made irrevocable and registered. in pursuance of their authority the bank of jaipur applied for execution of the decree. on ..... 12-1-1960 sethiya made the application which has given rise to this appeal. in it he alleged that the bank, or rather its agent and ..... attorney he would have been sued by the bank for the recovery of the loan admittedly due from him. the present ease is similar to the one contemplated in illustration a of section 202 of the contract act which provides in effect that an agency in which the agent has an interest in the property which is the subject-matter of the ..... agency, cannot, in the absence of an agreement, be terminated to the prejudice, of the agent's interest. in our opinion, if a bank's debtor makes an agreement under which it executes a power of attorney .....Tag this Judgment!
Court : Delhi
Reported in : 115(2004)DLT424
..... in isolation and have to be read along with the preamble. the mere fact that it is provided that if any of the three conditions is met, the same has to be a deed of conveyance can only imply that there would be a presumption raised in respect of such general power of attorney being a deed of conveyance, but in each case ..... relation between the parties either register it or direct the sub-registrar to register instrument as an instrument as per article 48(c) of schedule 1a of the indian stamp act, 1899 if the instrument is between blood relatives and/or between their spouses, or as per article 48(f) of the said schedule 1a if it is not so. in ..... always open to the concerned authorities to make an inquiry to find out whether the document in question is part of the larger transaction.11. in view of the aforesaid, i am of the considered view that the impugned order dated 16.6.2004 need not be set aside, but has to be read in the manner as aforesaid. insofar as ..... , after registering the instrument as in instrument as per article 48(f) of the schedule of the indian stamp act, 1899, refer the same to the collector for determination of the market value of such property and the property duty payable thereon:1. the instrument empowers the donee to sell, gift, exchange or permanently alienate the immovable property.2. the instrument is .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2005SC3401; 2005(4)AWC3085(SC); 2005(4)CTC606; 2006(1)CTLJ19(SC); JT2005(8)SC171; (2005)12SCC77; 2005(2)LC1366(SC)
..... convenience.besides the indian contract act, the power of attorney act, 1882 deals with the subject. section 1a of the power of attorney act defines power of attorney to include any instruments empowering a specified person to act for and in the name of the person executing it. section 2 of the said act reads, thus:'execution under power-of-attorney - the donee of a power-of-attorney may, if he thinks fit ..... matter between the donor and the donee.conclusion:16. we have noticed hereinbefore that the state of rajasthan inserted section 17(1)(f) and (g) in the act making the registration of agreement to sale and irrevocable power of attorney relating to transfer of immovable property in any way a compulsorily registrable document. the state went further to amend article ..... viewed within the parameters feed therefore by longstanding authorities or precedents but in deciding a case it may not be covered by such authorities and lacking precedents, the preamble of the constitution or the principles underlying the fundamental rights and the directive principles in our constitution can be taken recourse to. this court in rattan chand hira ..... meghalaya, etc. appeared and made their submissions.submissions:6. the learned counsel appearing on behalf of the appellant and the intervenor states raised inter alia the following contentions:(i) that a presumption is attached in favour of a validity of a statute and it would be for the person to establish who alleges violation of fundamental or other .....Tag this Judgment!
Court : Company Law Board CLB
Reported in : (1994)81CompCas566
..... according to ms. nalini chidambaram, the attorney is general power of attorney which confers powers on the power of attorney holder to do any such act that could be in the interest of the executors specifically relating to the shareholding interest. we have gone through the power of attorney given by both the petitioners. the preamble to the power of attorney states that in view of the petitioners ..... companies in which i am managing director, director and shareholder and in any matter in which ..... attention to clause 19 of the power of attorney, a general clause, which reads as follows : "19. generally to act as the attorney in relation to my business, firms and companies mentioned above in which i am a partner and the ..... protect his/her interest in the above firms/companies. the operative part specifically confers various powers as stated in paras 1 to 18, keeping in view the objective as stated in the recital. there is nothing in these clauses to specifically authorise the power of attorney holder to exercise rights vested in the shares. ms. nalini chidambaram, however, drew our .....Tag this Judgment!