Court : Andhra Pradesh
Reported in : 2007(2)ALD28; 2007(3)ALT265
..... reading of sections 4, 5, 6, 7 and 8 read with 10 of inams abolition act would show that so as to be registered as occupant of agricultural inam land, different categories of persons have to show that as on the date of ..... person holding an inam or a share therein, either for his own benefit or in trust and includes the successor in interest of an inamdar, and- (i) where an inamdar is a minor or of unsound mind or an idiot, his lawful guardian; (ii) where an inamdar is a joint hindu family, such joint hindu family), (section 4), kabize-e-khadim (as defined in section 2(1)(e), 'kabize-e-khadim' means the holder of inam land, other than an inamdar, who has been in ..... when used-(i) in sub-section (1), sub-section (2) with reference to clauses (a), (b), (c), (e) and (f) and sub-section (3) of section 3 and in section 34, means the date of publication of this act in the official gazette; (ii) elsewhere in this act means the date appointed by the government under clause (b) of sub-section (3) of section 1), read with sub-section (1) of section 3, all inams shall be deemed to have been abolished and shall vest in ..... possession of the inam land as on 1-11-1973 so as to claim orc), hence, her claim has to be rejected; (iii) the ninth respondent did not produce any positive evidence to show that possession was delivered to it under the alleged agreement of sale, dated 25.8.1982 and therefore, not entitled for orc; and (iv) gaddam ..... act was repealed ..... act of 1955 could not said to have been repealed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT657
..... the law declared by supreme court in these two leading authorities was with reference to the provisions of the arbitration act, 1940 (1940 act, for brevity) ..... it is well settled that any decision of supreme court interpreting the law, which has been repealed by the new enactment cannot be treated as declaration of law with reference to new act unless and until the repealing act contains explicitly and impliedly a similar provision in repealed act. ..... the purpose of taking a decision on these aspects, the chief justice can either proceed on the basis of affidavits and the documents produced or take such evidence or get such evidence recorded, as may be necessary. ..... international trade expo centre limited : 2006 (5) alt 2 (sc) : 2006 (5) scj 105 : (2006) 11 sc 651 : air 2006 sc 3456), a question was raised that there is no arbitration agreement in existence, and that for want of consideration, the management agreement is ..... engineering limited : 2005 (7) scj 461 : (2005) 8 scc 618 : air 2006 sc 450 : 2005 (6) alt 37.1 (dn sc), section 11 of 1996 act overrides section 11(6) thereof and therefore, the question comes within the jurisdiction under section 11(6) of 1996 act. ..... though he was supposed to report to training on 11.11.2006, he did not do so in spite of advice to him to report to training at khammam ..... went on sick leave for fifteen days from 11.09.2006 while he was under training. ..... expiry of leave, he did not report to training in spite of telegram issued by applicant on 11.10.2006. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2009AP216; 2009(5)ALT98
..... before referring to these precedents, it may be mentioned that in cases that were decided under arbitration act, 1940 (which has been repealed by new act), supreme court took the view that 'where an agreement is invalid, every part of it including the clause as to arbitration contained therein must also be invalid' and that, 'an arbitration clause which is one ..... accordingly repealing 1940 act, 1996 act, which also includes provisions ..... this court identified and segregated the preliminary issues that may arise for consideration in an application under section 11 of the act into three categories, that is, (i) issues which the chief justice or his designate is bound to decide; (ii) issues which he can also decide, that is, issues which he may choose to decide; and (iii ..... decision on these aspects, the chief justice can either proceed on the basis of affidavits and the documents produced or take such evidence or get such evidence recorded, as may be necessary. ..... similar observations are also made in shree ram mills limited (supra), the law was further explained as under.a glance on this para would suggest the scope of the order under section 11 to be passed by ..... patel engineering limited : 2005 (7) scj 461 : (2005) 8 scc 618 : air 2006 sc 450 : (2005) 128 comp cas 465 : 2005 (6) alt 37.1 (dnsc ..... international trade expo centre limited : 2006 (5) alt 2 (sc) : (2006) 11 scc 651 : air 2006 sc 3456, a question was raised that there is no arbitration agreement in existence, and that for want of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2007AP273; 2007(4)ALD783; 2007(5)ALT707
..... who have been for at least three years engaged in teaching in such educational institutions within the state, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by parliament;(d) as nearly as may be, one-third shall be elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly;(e) the remainder shall ..... pradesh municipalities act, 1965, the 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. ..... assistant legislative counsel, legislative department, ministry of law and justice, government of india, it has been averred that the creation/abolition of the legislative council and voting rights for that purpose are purely based on the resolution passed by the legislative assembly of the state in terms of article 169(1) of the constitution of india, and the provisions of the 2005 act cannot be struck down by invoking article 14 ..... governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this part.representation of the people act, 195027. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD135; 2005(6)ALT347; 2006(1)ARBLR399(AP)
..... 71, which is thus:'section 85 of the 1996 act repeals the 1940 act. ..... make the award rule of the court, the appellant herein filed the suit under section 17 of the arbitration act, 1940, before the district court karimnagar as having jurisdiction. ..... enactments shall apply in relation to arbitral proceedings which commenced before this act came into force unless otherwise agreed by the parties but this act shall apply in relation to arbitral proceedings which commenced on or after this act comes into force;(b) all rules made and notifications published, under the said enactments shall, to the extent to which they are not repugnant to this act, be deemed respectively to have been made or issued under this ..... arbitration act 1940 (old act) ..... in this context, it is necessary to refer to the provisions of sections 21 and 85(2) of the new act (the arbitration and conciliation act, 1996, which came into force on 22-8-1996), which read thus:'section 21: commencement of arbitral proceedings:unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request ..... the court is to interpret the repeal and savings clauses in such a manner so as to give an pragmatic and purposive meaning ..... even the case laws do not suggest the ..... filed cma before this court upon which the registry had taken an objection with regard to the maintainability of the cma supposedly on the ground that only a suit could be maintainable as per the old law i.e. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD282
..... transfer of immovable property of wakfs:-notwithstanding anything contained in the wakf deed, no transfer of any immovable property of a wakf of(i) sale, gift, mortgage or exchange; or(ii) lease for a period exceeding three years in the case of agricultural land, or for a period exceeding one year in the case of non-agricultural land or building, shall be valid without the previous sanction of the board.121. ..... in those circumstances, their lordships of the apex court found that the vires of the provisions of the administrative tribunals act, particularly section 6(2)(a), (bb) and (c), had not fallen for consideration before the high court at all, since not adverted to, and, in which case, the high court was not justified in dwelling into the serious questions of law, particularly the vires of the provisions of the administrative tribunals act.152. ..... 686 and 743 of 2005 and 125 of 2006 are accordingly dismissed, confirming the impugned common judgment and decree, passed by the court below insofar as o.s. no ..... nos.686 of 2005, 743 of 2005 and 125 of 2006, respectively.comprehensive contentions on behalf of the defendants:47. ..... 686 of 2005, 743 of 2005 and 125 of 2006 is the plaintiff, respondent no. 12 in a.s. no. ..... 125 of 2006 are concerned, we do find no reason to take into account the additional evidence, at this stage, in view of the extensive evidence, both oral and documentary, already available on record.167 ..... 125 of 2006, respondent nos. 2 to 10 in a.s. ..... 125 of 2006 is the defendant .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD40; 2007(4)ALT313
..... tenancy act, relevant provisions are made, defining the rights and obligations of the tenants and landlords, in respect of agricultural lands, and special tribunals are ..... n pramod, learned counsel for the defendants, on the other hand, submits that at no point of time, the plaintiff or his father-in-law were in possession of the suit schedule property, much less, they were the tenants. ..... sri lakshminarasimhaswamivari temple 1981 (1) aplj 357, this court reviewed the case-law on the subject and held that in view of the judgment of a division bench of this court in ..... plea as to existence of tenancy was flatly denied and they pleaded that at no point of time, the plaintiff or his father-in-law were in possession of the suit schedule, either as tenants or otherwise. ..... nanjammannidevi, the mother of the 1st defendant, and that the land was leased, in, or about 1940, to one sri koneti manikyarayappa, the father-in-law of the plaintiff. ..... it was their case that the father-in-law of the plaintiff was the owner of the land adjacent to the suit schedule property and he was never their ..... documentary evidence is mostly in the form of letters, said to have been written by rani nanjammannidevi, to the father-in-law of the plaintiff (exs.a-22 to a-40 and exs.a-45 to a-54). ..... a serious dispute about the existence of relationship of landlord and tenant, the only forum that can adjudicate upon that dispute is the civil court, and the judgment of the lower appellate court cannot be sustained in law. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD728; 2002(3)ALT57
..... taken recourse to shrimp culture, prawn culture as also, aquaculture claimingthemselves to be freehold owners of agricultural lands contending that as no law is operating in the field prohibiting or regulating their activities, the revenue or the forest officers have been acting illegally and without jurisdiction in interfering therewith by either demolishing the tanks erected for that purpose or ..... : fisheries, and ferries], shall stand transferred to the government and vest in them, free of all encumbrances; and the madras revenue recovery act, 1864, the madras irrigation cess act, 1865 and all other enactments applicable to ryotwari areas shall apply to the estate; (c) all rights and interest created in or over the ..... the notified date and save as otherwise expressly provided in this act - (a) the madras permanent settlement regulation, 1802, the estates land act and all other enactments applicable to the estate as such except the madras estates land (reduction of rent) act, 1947, shall be deemed to have been repealed in their application to the estate; (b) the entire estate (including ..... culture, cultivation, the science and art of farming, tillage; the cultivation of the ground, for the purpose of producing vegetables and fruits; the art of preparing thesoil, sowing and planting seeds, caring for the plants and harvesting the ..... a particular purpose and/or if by reason of the provisions of the estates abolition act only ryot interests have been saved, the lands cannot be used for any .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(2)ALT135
..... in the amendments made to the produce cess act, 1966, any duty of excise levied under the vegetable oils cess act, 1983 immediately before its repeal, but had not been collected before such repeal, shall be liable to be collected as if the cotton, copra and vegetable oils cess (abolition) act had not been enacted. ..... that it was mentioned in the memorandum in which the provisions of the finance bill 1986 were explained, that it had been decided to dispense with the levy and collection of cess on vegetable oils and that the ministry of agriculture will take appropriate action in this regard. ..... of the petitioners that section 13 of the cotton, copra and vegetable oils cess (abolition) act, 1987 is violative of articles 14 and 21 of the constitution of india is liable to be rejected in view of the provisions of law referred to above and the facts and circumstances of the case. ..... the minister on the floor of the house, if the parliament makes a law which may not have given full effect to the promise made by the minister in his budget speech, on no valid ground can the law made by the parliament be held to be either unreasonable or otherwise invalid ..... if a liability to pay cess had been created under a valid law, such law cannot be said to interfere with the fundamental right of a citizen ..... finance in the budget speech is only an indication of the policy of the government and it does not operate as an estoppel against the parliament to make law contrary to the statement made by the minister. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(1)ALT708
..... the fact that the land in question, when the petitioners, their mother and brothers filed declarations under section 8(1) of the land reforms act and the date on which the land reforms tribunal passed the order dated 31.08.1976, was 'agricultural land' and did not fall in an 'urban agglomeration area', becomes crystal clear from the very own admissions and statements made by the declarants, including the petitioners, in the declarations, ..... the admissions made by the petitioners, their mother and brothers, which matches with the record produced before the court by the respondents, enables one to draw a presumption, as is provided under section 114 of the evidence act, that the record produced by them, is a reflection of the official acts performed by them, in taking consequential actions for surrender in terms of the order dated 31.08.1976, passed by the land reforms ..... shall not deprive them of their vested legal rights and hereditary rights, and so stating, they prayed that the ceiling area of all the co-owners be determined as per their respective shares under the muslim law - rabia begum 1/8th share; ahsan ali khan 7/24th share; akram ali khan 7/24th share; petitioner no. ..... now that the urban land ceiling act, has been repealed, he submits that the petitioners should be given an opportunity to file fresh declarations under the land reforms act, in respect of the entire extent of land held by them ..... 42, housing department, dated 27.10.2006, permitted them to float respondent .....
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