Skip to content


Judgment Search Results Home > Cases Phrase: powers of attorney act 1882 section 4 deposit of original instruments creating powers of attorney Page 1 of about 287 results (0.078 seconds)

Sep 03 1990 (HC)

Syndicate Bank Vs. S.A. Trading Corporation and ors.

Court : Delhi

Reported in : ILR1991Delhi643; 1990RLR447

..... been made by counsel for the plaintiff. i invited the attention of the counsel to the provisions of the powers-of-attorney act, 1882, specifically section 4 thereof. section 4 of the said act deals with the proof of power of attorney, and reads as under:- '4.deposit of original instruments creating powers-of- attomey:- (a) an instrument creating a power-of-attorney, is execution being verified by affidavit, statutory declaration or other sufficient evidence may, with the affidavit or declaration ..... , if any, be deposited in the high court (or district court) within the local limits of whose jurisdiction the instrument may be ..... executed in accordance with section 85 of the evidence act, court is entitled to 'presume' its due execution, section 4 of the powers-of-attorney act, 1882, mandates that no further proof of the contents of instrument (as also the fact of deposit) shall be required. (10) in this view of the matter, it is not open to counsel for the plaintiff to contend that the original power-of-attorney is not made .....

Tag this Judgment!

Nov 19 1998 (HC)

The Sangli Bank Ltd. Vs. Kanishka Investments Pvt. Ltd. and Others

Court : Mumbai

Reported in : 1999(1)ALLMR556; 1999(1)BomCR660

..... per section 4 of the powers of attorney act, 1882 it appears that a person obtaining certified copy of the instrument has to present copy of the instrument so deposited and said copy may be stamped and marked as certified copy, which means that marking and certification can be done by the district court only.25. rules in this regard are to be found in chapter xlix of the original ..... instrument may be. (because the head office of the plaintiffs-bank is at sangli, it will be the ..... was also drawn by mr. divekar to the provisions of the powers of attorney act 1882 in this regard.24. i find strong force and substance in the objection raised by mr. divekar, the counsel for the defendants. the powers of attorney act. 1882 lays down a procedure by which an instrument creating a power-of-attorney has to be deposited in the district court within the local limits of its jurisdiction the .....

Tag this Judgment!

Dec 31 1969 (HC)

Brown Vs. A.L. Seale

Court : Allahabad

Reported in : (1875)ILR1All710

..... is not invalidated by being created by a separate instrument. we, therefore, reply that the conveyance to the purchaser is not invalid on any of the grounds suggested in the referring order.spankie, j.7. the executors in this case were acting under the authority vested in them by section 269 of act x of 1865, and not under any power of sale delegated to them ..... manager of the bank acted within his, and that the plaintiff has got a good title to the estate.15. it only now remains for me to notice the reasons of appeal in the original memorandum. (the learned judge then proceeded to dispose of the remaining grounds of appeal.)*power of executor or administrator of dispose of deceased's property.[ section 269:--an executor ..... or administrator has power to dispose of the property of the deceased, either wholly or in part, in such ..... being the contract of the mortgagor himself, and not that of any delegated agent or attorney. for these reasons my answer to this reference is that the sale-deed is not a good and binding conveyance of the property it purports to sell.pearson and turner, jj.4. concurring.(after stating the facts of the case as already set out, the judgment .....

Tag this Judgment!

Apr 02 1985 (HC)

Doddarajappa Vs. Venkoba Rao

Court : Karnataka

Reported in : AIR1986Kant70; ILR1985KAR2109

..... of the public auction against the defendants 1 to 7. defendants 1 to 7, therefore, cannot escape their liability having, regard to the plain language of section 226 of the contract act and section 2 of the power of attorney act. we, therefore, sustain the conclusion reached by the trial court in this regard.14. though defendants 1 to 7 are not directly parties to any ..... sale was inserted. he relied upon sonic of the decisions of the supreme court in support of his contention that he was justified because of the ambiguity and the doubt created about the competency of defendants to sell. the drew our attention to the decision of the supreme court in abdulla ahmed v, animendra kissen : [1950]1scr30 . in that case what ..... the prayer for specific performance holding that plaintiff was not entitled to the same in view of his having breached one of the terms of-the auction sale in not depositing the balance of bid amount on or before 17 -8-1962. in the result the prayer for specific performance was refused. but having regard to the evidence of p. w ..... defendant towards conveyance charges and registration fee should be directed to be refunded together with interest at 12 per cent per annum from 21-8-1962 till date of realisation.4. the suit prayer was resisted by defendant-1 on the ground that the suit property was worth more than rs. 50,000/and the sale conducted by 8th defendant was .....

Tag this Judgment!

Apr 27 1981 (HC)

Yogesh Singh Sahota Vs. Niranjan Lal Gupta

Court : Delhi

Reported in : AIR1981Delhi222; 20(1981)DLT264; 1981(2)DRJ157; 1981RLR434

..... powers-of-attorney act, 1882 a donee of a power of attorney is entitled to act and sign on behalf of the donor and such act is as effectual as if it had been done by the donor of the power himself. section 2 of the powers-of-attorney act, 1882 reads as under : 's.2 ; execution under power-of-attorney : the donee of a power-of-attorney may, if he thinks fit, execute or do any assurance, instrument ..... can only be signed and verified by the landlord alone and not by his attorney, 'lam, thereforee, of the view that order of the additional controller is contrary to law. the impugned order dated august 25, 1980 is thereforee set aside. the eviction petition is restored to its original number and the same is remanded to the additional controller for disposal in ..... ) counsel or vice counsel, or representative of the (central government), was so executed and authenticated.'(4) a photostat copy of the power of attorney dated january 5, 1980 is on the record.; under section 85 of the evidence act the court is bound to presume that the ower of attorney executed and authenticated before a notary public was duly executed and authenticated. in other words there .....

Tag this Judgment!

Oct 20 1999 (HC)

Akbar Ali and 4 Others Vs. Donian Rodrigo and Another

Court : Chennai

Reported in : 2000(1)CTC287

..... the provisions. it was also held in that case that the undertaking given by the power of attorney was one which satisfied the requirements of section 14(2)(b) of the act and such an undertaking binds the principal in view of the express recitals in the power of attorney and no more undertaking was necessary from the landladiesthemselves and it was held that there was ..... in a different part of the town, two years prior to the date of filing of the petition and discharged the debts. he has also stated that he has bank deposit. ofcourse he has not produced the bank passbook. that does not mean that he has no bank account. the suggestion made to him that the petitioners have no means and ..... or valid undertaking as required under the provisions of the tamil nadu buildings (lease and rent control) act. (2) one of the petitioners is not of sound mind. (3) the truth of the power of attorney has not been established and therefore, the petition is not maintainable. (4) the requirement of the landlords is not bona fide.10. to facilitate easy analysis and a ..... devi and another, 1965 (ii) mlj 209, (2) chandrasekara chettiyer v. kakumani adikesavalu chetty's charities, 1965 (78) lw 326, (3) sha manakchand v. sankarji moolchand, 1965 (2) mlj 12, (4) narasinga konar v. s.a.c. chirtambalam chettiar, 1966 (79) lw 21, (5) lakshmanan and others v. kanniammal alias pattammal, 1995 (ii) mlj 178, (6) sultan sheriff alias basha v .....

Tag this Judgment!

Jan 27 1984 (HC)

A.S. Shaik Fathima and ors. Vs. Omer Cloth Store and ors.

Court : Chennai

Reported in : AIR1986Mad90

..... corporation. the point urged hay the tenants is that the eviction petitions having been filed by the power of attorney agent without any specific letter of authorisation as contemplated by s. 10(8) of the act cannot be maintained. this point has been considered and rejected by the appellate authority. the appellate ..... its discretion to permit the document to be filed as additional evidence. in this case, there is no controversy that the building in question was originally owned by the person whose name finds a place in the sanctioned plan of the year 1928, and thereafter it has changed hands once in ..... immediate demolition and without anything more the requirement or condition of his bona fide requiring the building for immediate demolition. but the terms of the section are wide enough to cover cases where the landlord bona fide requires as building for the expansion of his own business or for legitimate purposes ..... evidence of r.w. i who is said to have inspected the building at the instance of the tenants and who has stated in his deposition that the building is only 25 years old and it is not dilapidated and is quite habitable. the learned advocate-general appearing for the ..... the alleged work of demolition end reconstruction and that in any event, the eviction petitions having been filed by the power agents of the landlords they cannot legally be maintained.4. on the above pleadings and after consideration of the oral evidence adduced by the parties, the rent controller held that .....

Tag this Judgment!

Apr 03 1917 (PC)

Srimati Syam Peary Dassya Widow of Madhusudan Dass and anr. Vs. the Ea ...

Court : Kolkata

Reported in : 40Ind.Cas.865

..... , therefore, in the relation between himself and the mortgagor, stood in the position of a person appointed by an instrument to which the mortgagee was no party. lord cranworth in the case referred to was speaking of a mortgage of ..... 4. the main provisions of the mortgage deed are that the deed is to be construed as an english mortgage as defined by the transfer of property act, 1882, and the mortgagees shall have and exercise all the rights and remedies of an english mortgagee expressly including the power ..... terms are observed, the indulgence lasts. when those terms are departed from the indulgence at once fails, and the original contract is revived in full force 'the question appears to have been considered in two cases in this country.33 ..... to indicate an intention to charge any property. in the second it was observed that a charge can only be created where specific property is mentioned. but as pointed out in the tagore lectures, 1876, at page 172 (foot note ..... the pleader debendra babu, and having regard to the distance of time at which the witnesses were giving their depositions no better evidence on the point could reasonably be expected. there is no specific plea taken in the written ..... attorney at his elbow, and can take care of himself, whereas in this country mortgagors generally are helpless. the power of sale which the mortgagee possesses in england is recognized in this country only in a limited form under section 69 of the transfer of property act, and the proviso to that section .....

Tag this Judgment!

Dec 22 2011 (HC)

Rajambal Vs. the Inspector General (Registration) and ors.

Court : Chennai

..... the defect to the presentant, if the document is presented in the wrong office; if an agent has come without a power of attorney or without such a power as the act requires; if the description of the property is either insufficient for purposes of identification or does not fulfil the requirements of ..... person claiming under the document need not be simultaneous. they may appear at different times as it is permitted by sub-section (2) of section 34. 7. sub-section (3) of section 34 requires the registering officer to do two things viz., (i) to enquire whether or not such document was executed ..... bench of this court on the ground that the state government has no power to issue such directions. but this decision stands on a different footing since, it arose out of a case where the government prevented the original owners of all the properties from transacting on their properties, which offended ..... their constitutional rights. 28. in r.g.rathinam vs. sub registrar {2009 (3) lw 890}, a learned judge of this court held that the inspector of police has no power to instruct the ..... attorney or without such a power as the act requires; (iii) if the description of the property is either insufficient for purposes of identification or does not fulfil the requirements of rules 16 to 18; (iv) if the document is not accompanied by a translation or by copy of a map when such .....

Tag this Judgment!

Jul 26 2004 (HC)

K.M. Maregowda Vs. Seven Hills Ex-import Corporation

Court : Karnataka

Reported in : 2005(1)ALD(Cri)13; 2004CriLJ4119

..... noted already, this court has taken a consistent view that a power of attorney holder could present complaint. further, section 2 of the power of attorney act, which empowers the donee of a power of attorney to do anything 'in and with his own name and signature' by the authority of the donor of the power. said section declares that everything so done shall be as effectual as if it ..... /complaints by juristic person, corporate bodies or handicapped /disabled persons, etc., and as such, it cannot be accepted as correct.16. at this stage, reference can also be had to section 2 of the power of attorney act, which empowers the donee of a power of attorney to do anything 'in and with his own name and signature' by the authority of the donor of the ..... to the respondent-complainant, with consent of both sides, taken the matter for final hearing and heard both sides.4. it was vehemently argued for the petitioner-accused that in view of section 142 of n. i. act, complaint filed by the complainant through power of attorney holder, that too, without the signature of the complainant to it, was not at all proper and, that ..... none else and as such, the complaint filed by power of attorney holder of a firm is not tenable under law, that too, when not stated as authorized by the firm.11. to appreciate said contention, sections 5 and 12 of indian partnership act require to be noted. they are as under :'5. partnership not created by status.--the relation of partnership arises from contract .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //