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Oct 09 2002

S. Venkatareddy and ors. Vs. Joint Collector and ors.

Court : Andhra Pradesh

Decided on : Oct-09-2002

Subject : Property

Acts : Andhra Pradesh (T.A.) Tenancy and Agricultural Lands Act, 1950 - Sections 5, 35, 36, 37A and 38E

Reported in : 2003(3)ALD159; 2003(2)ALT377

of entries in register - held, certificate issued in favour of respondents improper and contrary to record. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … Tenancy Register of 1958. In pursuance of such entries, respondents 4 to 6 have obtained ownership certificates under Section 38-E of the Tenancy Act in the year 1975. It is also the case of the petitioners herein that

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Jul 23 2001

Bommanasaree Mandir Vs. Manisha Sarees

Court : Andhra Pradesh

Decided on : Jul-23-2001

Subject : Commercial

Acts : Code of Civil Procedure (CPC) , 1908 - Order 38, Rules 5 and 6

Reported in : AIR2002AP66; 2001(4)ALT780

rights of parties - held, impugned Order passed by Court below is not liable to set aside. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … P.S. Narayana, J.1. Appellant is the respondent-defendant in I.A. No. 150 of 2001 in O.S. No. 384 of 2001 on the file of the VII Senior Civil Judge, City Civil Court, Hyderabad.2. The present appeal

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Nov 04 2003

Madigiri Kiran Kumar Vs. Swarnagiri Subbamma

Court : Andhra Pradesh

Decided on : Nov-04-2003

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 38, Rule 9

Reported in : AIR2004AP104

Lower Court's Order refusing to raise attachment not legally sustainable and is liable to be set aside. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … for recovery of money basing on a promissory note and also filed I.A. 829 of 2001 under Order 38 Rule 5 of C. P. C., for attachment of the schedule property before judgment. The lower Court passed

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Mar 28 1963

Allada Eswarappa and anr. Vs. M. Krishna Reddy and ors.

Court : Andhra Pradesh

Decided on : Mar-28-1963

Subject : Civil

Acts : Limitation Act, 1908 - Schedule - Articles 11 and 120; Code of Civil Procedure (CPC) , 1908 - Sections 11 and 47 - Order 21, Rule 58 - Order 38, Rule 8

Reported in : AIR1964AP99

his claim before execution proceeds further - on claim being preferred they will be investigated and decided. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … Sastry, learned counsel for the appellant, that the conclusion of the learned Judge that an order under Order 38, Rule 8 Civil Procedure Code is governed by Article 11 of the Limitation Act and, therefore, a suit

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Dec 26 1972

Abdul Hamid Vs. Karim Bux and ors.

Court : Allahabad

Decided on : Dec-26-1972

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 38, Rule 9

Reported in : AIR1973All67

of suit - held, attachment before judgment ceases after dismissal of suit without passing of express Order. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … repelled by the trial Court but upheld by the lower appellate Court hence this second Civil Appeal.4. Order 38, Rule 6 of the Civil Procedure Code authorises a Court to attach before judgment the property of the

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Nov 19 2003

Kaitha Narsimha and ors. Vs. Susheela Devi and ors.

Court : Andhra Pradesh

Decided on : Nov-19-2003

Subject : Tenancy

Acts : Andhra Pradesh (A.A) Tenancy and Agricultural Lands Act, 1950 - Sections 38

Reported in : 2004(3)ALD851; 2004(4)ALT237

grievance thereby can be redressed in Civil Court only - held, Order laying down such redressal justified. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … on 19-4-1997 confirming the order. Subsequently, in 1998 the appellants being Section 38E holders filed an application under Section 38 of the Act before the MRO., Medchal for restoration of possession of the land to an extent of

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Sep 20 2002

Chippa Raghuramulu and ors. Vs. Kata Showariah and ors.

Court : Andhra Pradesh

Decided on : Sep-20-2002

Subject : Tenancy

Acts : Andhra Pradesh Tenancy and Agricultural Lands Act, 1950 - Sections 2(1), 5, 30, 34, 35, 37, 38D, 40, 47 and 48;

Reported in : 2002(6)ALD350

not obtained - no rights or title over land under protected tenancy created in favour of petitioner. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … provision to take suo motu action by the Tahsildar under Section 32. It is the mandate of Section 38-E and explanation thereofFurther the appellant holding the provisions of Section 38-E contended that it shall be lawful for,

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Dec 31 2002

Ushasri Agro Agencies (Chit Funds) Vs. Giridhar Auto Finance (P) Limit ...

Court : Andhra Pradesh

Decided on : Dec-31-2002

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 21, Rule 58(4) - Order 41 - Order 43

Reported in : 2003(2)ALD370; II(2003)BC329

regular decree and the same was appealable under Order 41 not and Order 43 had no application. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … to it by the first respondent. It filed a petition in I.A. No. 412 of 1999 under Order 38 Rule 5 CPC, seeking attachment before judgment of a vehicle bearing No. TN 72 - 6566 on the

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Aug 03 2001

M.A. Majeed Vs. the Appellate Authority/Managing Director, State Bank ...

Court : Andhra Pradesh

Decided on : Aug-03-2001

Subject : Service

Acts : Constitution of India - Articles 14, 16 and 226; State Bank of Hyderabad (Officers) Service Regulations, 1979 - Regulations 3, 67, 68 and 68(1) ; Subsidiary Banks General Regulations, 1959 - Regulations 36, 37 and 38(4)

Reported in : 2003(1)ALD148

from contending that enquiry was not properly and fairly conducted by enquiry officers after completion of enquiry. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … passed by the Board are binding on the Executive Committee, appointed by the Board of Directors under Regulation 38 (4)Regulation 38 of the Subsidiary Banks General Regulations, 1959 contemplates the constitution and powers of the Executive Committee.

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Dec 21 2000

Margadarsi Chit Fund Co., Ltd., Warangal Vs. Sd. Fayazuddin

Court : Andhra Pradesh

Decided on : Dec-21-2000

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Order 38, Rule 5; A.P. Chit Funds Act, 1971 - Sections 23 and 14(2); Indian Contract Act, 1872 - Sections 171

Reported in : 2001(1)ALD322; 2001(1)ALT541

Order of attachment can be issued under Order 38 Rule 5 to restrain withdrawal of prize 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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