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T.A. Choudhary Vs. State of A.P. and ors.
Andhra Pradesh
May-01-2003
Arbitration
Arbitration Act, 1940 - Sections 30; Contract Act, 1872 - Sections 23, 54, 55, 59 and 73
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. … the site was not handed over to the Contractor beyond time. The Division Bench observed thus:'In our view Section 59 has no application. It pertain to compensation. In the present case, we are concerned with the rates for
Tag this Judgment! AI Brief & AskV.P. Rama Rao Vs. District Co-operative Officer/Registrar and ors.
Andhra Pradesh
Mar-10-2004
Service
Andhra Pradesh Co-operative Societies Act, 1964 - Sections 31A(11), 31A(15) and 59; Andhra Pradesh Co-operative Societies Rules, 1964 - Rule 72(3); Constitution of India - Article 226
2004(2)ALD701; 2004(3)ALT515; [2004(102)FLR718]
or constitutional obligation towards petitioner from his employer demanding exercise of extra ordinary jurisdiction under Article 226. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … their invalidation.3. Sri Ramakrishna Reddy, learned Senior Counsel appearing for the petitioner contends that as the ingredients of Section 59 of the A.P. Co-operative Societies Act, 1964 (for short 'the Act') are not present in the case on
Tag this Judgment! AI Brief & AskRam Chandra Pandey Vs. District Administrative Committee U.P. Primary ...
Allahabad
Feb-06-1997
Trusts and Societies
Uttar Pradesh Primary Agricultural Co-operative Credit Societies Centralised Service Rules, 1976 - Rules 2, 7, 7(1), 7(4), 13, 13(3), 14, 15, 30 and 49A; Uttar Pradesh Primary Agricultural Co-operative Credit Societies Centralised Service Regulations, 1978 - Regulations 58, 59 and 59(1); Uttar Pradesh Co-operative Socieites Act, 1965 - Sections 2, 3, 3(1), 3(2), 103 and 122A; Indian Penal Code (IPC), 1860; Uttar Pradesh Co-operative Societies Rules, 1968 - Rule 2
1998(1)AWC125; (1997)3UPLBEC1747
suspended by the Member/Secretary in absence of a decision by District Committee contemplating or initiating disciplinary inquiry. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … the ambit of theword 'control'. On a parity of reasoning, therefore, the plain language of clause (b) of Section 59 (3), as extracted above, irresistibly leads to the conclusion that the Municipal Commissioner was fully competent to suspend
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Deo NaraIn Rai and anr. Vs. Kukur Bind and ors.
Allahabad
Jun-20-1902
Property
(1902)ILR24All319
presence of an illiterate mortgagor--Signature held to be good--Maxim--Qui facit per alium facit per se--Construction of statutes. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … it is none the less very important. It is whether or not, having regard to the provisions of Section 59 of the Transfer of Property Act, 1882, a mortgage to be effective must bear either the autograph signature
Tag this Judgment! AI Brief & AskBans NaraIn Yadav Vs. State of U.P. and ors.
Allahabad
Oct-15-1976
Service
Prisons Act, 1894 - Sections 10, 59(1) and 59(28); General Clauses Act, 1897 - Sections 16
AIR1977All6
cannot be said as ultra vires as purpose same as that of Act - to maintain discipline. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … opposite parties strongly refuted the suggestion and argued that the source of authority for the rule lay in Section 59(10) of the said Act. Section 59(10) authorises the State Government to make rules consistent with the Act:--'For the
Tag this Judgment! AI Brief & AskRas Behari Lal Vs. Akhai Kunwar and ors.
Allahabad
Nov-20-1914
Property
(1915)ILR37All91
and 60 - Licence--Revocation--Rights of transferee of property in respect of which a licence has been granted. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … the plaintiff being a transferee of the property is entitled to revoke the licence. Reliance is placed on Section 59 of Easements Act, which runs as follows:When the grantor of a licence transfers the property affected thereby, the
Tag this Judgment! AI Brief & AskQueen Vs. Naiada
Allahabad
Dec-31-1969
Criminal
(1875)ILR1All43
cannot exceed ten years. Act XLV of 1860, Sections 59, 377 - Punishment--Transportation in lieu of Imprisonment. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag.
Tag this Judgment! AI Brief & AskBethi Ramswamy and Another Vs. Madala Seetharamaiah
Andhra Pradesh
Sep-08-1998
Property
Transfer of Property Act, 1882 - Sections 59; Registration Act, 1908 - Sections 17; Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 - Regulation I; Andhra Pradesh Scheduled Areas Land Transfer Regulation, (As extended to Telangana area in 1963) - Sections 2 and 3(1 and 2) - Regulation 2; Andhra Pradesh Agency Rules - Rules 3 and 5; Code of Civil Procedure (CPC), 1908 - Sections 100; Code of Criminal Procedure (CrPC) , 1973 - Sections 145; Andhra Pradesh Co-operative Societies Act, 1964; Evidence Act, 1872 - Sections 17 and 49; Transfer of Property Act, 1882 - Sections 53-A
1998(6)ALD520; 1998(6)ALT235
parties were non tribal - not prohibited by Rules - held, suit was maintainable in Civil Court. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … that as the mortgage amount is more than Rs. 100/- it should be registered under the provisions of Section 59 of the Transfer of Property Act and that the said document is inadmissible in evidence under the provisions
Tag this Judgment! AI Brief & AskKakinada Municipal Contractors Sankshema Sangham Vs. Collector, Kakina ...
Andhra Pradesh
Dec-19-2000
Commercial
Andhra Pradesh Municipalities Act, 1965 - Sections 59, 64, 65, 66, 67, 68, 70 and 164; Andhra Pradesh Municipalities (Municipal Works) Rules, 1967; Andhra Pradesh Municipalities (Registration of Contractors) Rules, 1978
2001(1)ALD293; 2001(1)ALT318
Act is valid - held, Municipal Council has option to execute works through petitioner or through department. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … bearing on the subject matter.10. Chapter IV of the Act deals with the Controlling Authorities and their powers. Section 59 of the Act deals with the powers of the Government to cancel or suspend the resolutions, etc., passed
Tag this Judgment! AI Brief & AskKothapalli Koteswara Rao Vs. Murukonda Subba Rao and ors.
Andhra Pradesh
Sep-02-2002
Civil
Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 97(2) - Order 21, Rules 5, 58, 58(1), 59 and 63
2002(6)ALD609; 2004(1)ALT168
inherent jurisdiction to entertain it - held, suit instituted by plaintiff to set aside Order not maintainable. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … Act will have to be disposed of by the new procedure laid down by amended Rules 58 and 59, irrespective of prior attachment. In other words, instead of a summary investigation into possession, there should be a
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