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Feb 08 2007

A.P. Sarpanches Association and ors. Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Decided on : Feb-08-2007

Subject : Election

Acts : Andhra Pradesh Legislative Council Act, 2005 - Sections 4; Representation of People Act, 1950 - Sections 15, 16, 18, 22, 23, 27, 27(1) and 27(2); Andhra Pradesh Panchayat Raj Act, 1994 - Sections 2(17), 2(18), 2(23), 2(45), 6, 8, 11, 12, 14(1), 45, 117, 140, 148, 148(1), 149(1), 150, 151, 161, 177(1), 177(2), 177(3), 178, 179, 192 and 222; Representation of People (Amendment) Act, 1963; Hyderabad Municipal Corporation Act, 1955 - Sections 1A, 1B, 1C, 5 and 8 to 12; Andhra Pradesh Municipalities Act, 1965 - Sections 8 to 12; Cantonments Act, 1924; Cantonments Act, 2006; Municipal Corporations Act, 1994; Andhra Pradesh Districts (Formation) Act, 1974 - Sections 3; Constitution of India - Articles 14, 169, 169(1), 171, 171(1) to 171(4), 243, 243A, 243B, 243E, 243G, 243K, 243P and 243Q

Reported in : AIR2007AP273; 2007(4)ALD783; 2007(5)ALT707

Cantonment Boards owe their existence to the Cantonments Act, 1924 (The 1924 Act has been repealed by the Cantonments Act, 2006), and Zilla Parishads and Mandal Parishads owe their existence to the Andhra Pradesh Panchayat Raj Act, 1994. Section … who have become, members of that local authority; and(e) the provisions of Sections 15, 16, 18, 22 and 23 shall apply in relation to local authorities' constituencies as they apply in relation to Assembly constituencies.The Andhra Pradesh

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Aug 09 2001

Nagarapu Venkata Rama Rao Vs. Nagarapu Lakshmipathi Rao and ors.

Court : Andhra Pradesh

Decided on : Aug-09-2001

Subject : Civil

Acts : Indian Contract Act, 1872; Code of Civil Procedure (CPC) - Order 23 Rule 3

Reported in : 2002(3)ALT96

of fraud played on respondent - held, Court below not justified in allowing application filed by respondent. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … the litigation cannot be penalized. The learned counsel also had drawn my attention to the provisions of Order 23 Rule 3 C.P.C. and also had strongly placed reliance on M/s. SILVER SCREEN ENTERPRISES v. DEVKI NANDAN NAGPAL1.

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Mar 16 1970

Vidhydhar Dube and ors. Vs. Har Charan and ors.

Court : Allahabad

Decided on : Mar-16-1970

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 23, Rule 1(1)

Reported in : AIR1971All41

are not affected - except with the permission of the court the plaintiff cannot withdraw the suit. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … court dismissed the suit. The plaintiffs filed an appeal and in the appeal filed an application under Order 23, Rule 1(2), Civil P. C. with a prayer for withdrawal of the suit with liberty to bring a

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Sep 24 1952

inayat Ali and anr. Vs. Natthu Khan

Court : Allahabad

Decided on : Sep-24-1952

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 23, Rule 1 and 1(2)

Reported in : AIR1954All18

of the character mentioned in Order 23, Rule 1, Civil Procedure Code - order is without jurisdiction. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag.

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Aug 21 2002

Transport Corporation of India Vs. the Transport Commissioner and anr.

Court : Andhra Pradesh

Decided on : Aug-21-2002

Subject : Motor VehiclesOther Taxes

Acts : Motor Vehicles Act, 1988 - Sections 3, 23, 39, 40, 41 and 45; Local Areas Act, 1996; General Sales Tax Act; Government of India Act, 1935 - Sections 107; Local Areas Act, 1987 - Sections 3

Reported in : 2003(1)ALT620

for production of tax clearance certificate at time of registration of vehicle purchase outside state of justified. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … authorities in insisting production of tax clearance certificate from the commercial tax department, it is also contended that Section 23 of the Entry of Motor Vehicles into Local Areas Act, 1996, is repugnant to the provisions under Section

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Oct 16 2000

Pratap Singh A. and ors. Vs. A.P. State Electricity Board and ors.

Court : Andhra Pradesh

Decided on : Oct-16-2000

Subject : Labour and Industrial

Acts : Andhra Pradesh State Electricity Board Service Regulation - Rule 16; Draft Service Rules, 1960; Contract Act - Sections 23; Constitution of India - Article 24

Reported in : (2001)ILLJ973AP

ad-hoc basis during their minority - held, petitioners are entitle for regularisation subject to vacancy in factory. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … engagement of a minor is contrary to public policy in view of Article 24 of the Constitution and Section 23 of the Indian Contract Act. We fail to comprehend the contention raised by the counsel for the respondent.

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Nov 02 1999

Cement Corporation of India Ltd., New Delhi and Others Vs. B.B.V. Kris ...

Court : Andhra Pradesh

Decided on : Nov-02-1999

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 4, 3(1), 15, 16, 17 and 18; Industrial Disputes Act, 1947 - Sections 25-FF; Constitution of India - Articles 14, 16, 23, 226 and 311;

Reported in : 1999(6)ALD832; 1999(6)ALT341; (2000)ILLJ757AP

scheme as decided by BIFR - respondents not workmen and thus cannot be transferred without their consent. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … others against the common judgment of the learned single Judge dated 6-7-1999 made in WP Nos.10228, 19901, 22122, 23256, 23257, 24811, 26039 and 32845 of 1998.2. For the purpose of convenience we take up the writ appeal

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Mar 30 2001

Sure Venkateshwarlu Vs. More Goverdhan and ors.

Court : Andhra Pradesh

Decided on : Mar-30-2001

Subject : Civil

Acts : Provincial Insolvency Act, 1920 - Sections 23; Code of Civil Procedure (CPC) - Order 38, Rule 1; Code of Criminal Procedure (CrPC) , 1908 - Order 38, Rule 5

Reported in : AIR2001AP473; 2001(3)ALT270

Section 23 (1) was applicable only when debtor arrested in execution of decree for payment of money. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag.

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Jun 15 1999

State of Andhra Pradesh Vs. Minerals and Metals Trading Corporation of ...

Court : Andhra Pradesh

Decided on : Jun-15-1999

Subject : Sales Tax

Acts : Andhra Pradesh General Sales Tax Act, 1957

Reported in : [2000]118STC190(AP)

Fertilizer Control Order - Tribunal justified in classifying rock phosphate as chemical fertilizer falling under entry 23. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag.

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May 01 2003

T.A. Choudhary Vs. State of A.P. and ors.

Court : Andhra Pradesh

Decided on : May-01-2003

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 30; Contract Act, 1872 - Sections 23, 54, 55, 59 and 73

Reported in : 2004(3)ALD357

relying on rates enhanced during period of work reasonable - held, contractor entitled to such claim raised. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … of equal value or that, which is necessary to restore an injured party to his former possession.'36. Under Section 23 of the Contract Act, the consideration and object of an agreement is lawful unless it is vitiated by

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