Court : Andhra Pradesh
Reported in : 2000(2)ALD387; 2000(2)ALT465
..... route as arbitrary and illegal and contrary to sections 86 and 207 of motor vehicles act and for consequential direction.2. the petitioner is the road transport corporation constituted under the provisions of the road transport corporation act, 1950. it is the case of the corporation that the government of andhra pradesh notified several ..... said duty may be one imposed by the constitution, statute, common law or the rules or orders having the force of law. (see : guruswami v. state of mysore, : [1955]1scr305 , state of mysore v. chandrasekhara, air 1965 sc 532 and bihar co-operative society v. siphai, : [1978]1scr375 . therefore, the existence of a ..... motion the other provisions of law relating to prosecution, cancellation or suspension of the penults, et cetera, impairs effective implementation of the provisions of the act and thereby places premium on lawlessness. this situation deserves to be depreciated.'there is no dispute about the contention raised by the corporation that the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(6)ALT164
..... for eviction from agricultural land, on the basis of trespass, is maintainable in civil courts in spite of the provisions of the hyderabad tenancy and agricultural lands act, 1950.34. the specific case of the respondent is that she purchased the suit land at the instance of the appellant, who is closely related to her husband ..... in civil court seeking a decree of perpetual injunction restraining the landlords from interfering with their possession, alleging that their landlords are trying to evict them by force. since the plaintiffs in those suits admitted tenancy and since the tenancy court has jurisdiction to grant the relief of injunction restraining the landlord from forcible ..... court in pushpa sharma v. gopal lal air 1986 raj. 187, held that even in a suit for eviction in a civil court based on the relationship between landlord and tenant, based on the grounds available under section 13 of the rajasthan premises (control of rent and eviction) act, 1950 also, a decree for possession can .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1970AP1
..... ) is as follows;'this section and sections 2, 4, 5, 7, 8, 9, 58-a, 62, 67 and 68 shall come into force at once; and the rest of this act shall come into force in regard to any zamindari under-tenure or inam estate, on such dates government may, by notification, appoint.'section 3. with effect on and from ..... erstwhile hyderabad high court consisting of misra, c.j. and deshpande, j. in maram raj v. aknoor yelluga, air 1955 hyd 56, is also distinguishable because in that case section 99 of the hyderabad tenancy & agricultural lands act (xx of 1950) which specifically prohibited civil courts from entertaining disputes arising from the enactment, came up for consideration. the language of ..... away the jurisdiction of the civil courts to decide questions as to who is the lawful ryot in respect of any holding in an estate after coming into force of that act and that such a dispute can only be decided by the settlement officer. the contention on behalf of the appellants was that section 56(1) has no .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD108
..... six months. in pursuance of the said directions, notices were again issued to the petitioner under sub-section (4) of section 8 of administration of evacuee property act, 1950 (for brief the 'e.p. act') directing the society to surrender the possession. the society was represented by a counsel and it also made an application for furnishing the documents namely 1) the ..... it is further submitted that even though, petitioner was a protected tenant holder and has been cultivating the land for the several years, even prior to the e.p. act came into force, but yet, since the authorities styling it was a evacuee properly and in order to avoid complications, in respect of the title to the land, they purchased the ..... pass when the full price is realised and this is now clear from the new form of the certificate reproduced in jaimal's case, 66 pun. i.r. 99 (air 1964 punj.99). no doubt till the price is paid in full there is no claim to the property, but it seems somewhat strange that a person who has .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD747; 2001(6)ALT539
..... vanishing point. dicta, which have no force, are propositions stated by way of illustration or on hypothetical facts. greater difficulties attend rulings of law which are subsequently relegated to the status of ..... law quality but are not binding at all. vis-a-vis a higher court even the ratio decidendi of a lower court decision has only persuasive force like that of a dictum. it has been pointed out that some dicta are so authoritative that the distinction between ratio and dictum is reduced to ..... on shyamkishori devi v patna municipalcorporation, : [1966]3scr466 , union ofindia v deoki nandan aggarwal,air 1992 sc 96 and shiromanigurdwara prabandhakcommittee v som nath dass, : [2000]2scr705 . the learned counsel wouldurge that the act not only applies to hindureligious institutions alone but also tocharitable institutions belonging to the othercommunity and other endowments .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(6)ALT515
..... narayana, j.1. the revision petitioners filed the present c.r.p. under section 91 of the andhra pradesh (telangana area) tenancy and agricultural lands act, 1950 (hereinafter in short referred to as 'the act' for the purpose of convenience), challenging the order dated 31.3.2001, made in appeal file no. f2/934/99 on the file of the first ..... aggrieved party has a right of revision on any of the grounds specified in that section.section 11 of the hyderabad tenancy and agricultural lands act as amended by amendment act iii of 1954 came into force on 4th february, 1954. section 13(1) makes it perfectly plain that the new section 11 is prospective in its operation and not ..... appreciate the controversy in this case, it is useful to extract the terms of section 38-e.'notwithstanding anything in this chapter or any law for the time being in force or any custom, usage, decree, contract or grant to the contrary, the government may, by notification in the jarida, declare in respect of any area and from .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP37; 1995(2)ALT439
..... madras v. v. g. row, : 1952crilj966 in the context of the challenge to the validity of criminal law amendment act (1908) (as amended in madras by madras act 11 of 1950) in these words (at p. 199 of air): 'before proceeding to consider this question, we think it right to point out, what is sometimes overlooked, that our ..... constituency for a backward class candidate in which territorial constituency there is no eligible backward class voter who can offer himself as a candidate.26. we see force in the above contentions. learned advocate-general has endeavoured, however, to persuade us to ignore the above on grounds of expediency as within the time schedule ..... commissioner in such manner by reference to such qualifying date as may be prescribed. it further says, '...... the electoral roll for the gram panchayat shall come into force immediately upon its final publication in accordance with the rules made by the government in this behalf.' it mandates, 'the draft of the electoral roll for the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1968AP160
..... . that decision rested on the interpretation of section 65 of the madras village panchayats act, 1950 (madras act 10 of 1950) which is substantially similar to section 93 of the district municipalities act in material particulars, section 65(5) of the panchayats act is identical in material respects to the provisions of section 93(4) of the ..... . 989 of 1957 (andh pra) regarding section 65 of the madras village panchayats act, 1950 (madras act 10 of 1950) which was substantially similar to the provisions of the andhra pradesh district municipalities act, (1920) (act v of 1920) (hereafter referred to as the act) concerned in the present writ petition and found itself unable to agree with the ..... and 18 also had some difference as compared to the original dules which were in force before the amendment.13. in emperor v. mahamed kassam, air 1942 bom 39, beaumont c. j. explained the duty of judge in interpreting an act of the legislature thus (at p. 41):'the learned magistrate, i think, fell into .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(4)ALD643; 2008(5)ALT740
..... if we read articles 243-c, 243k and 243-o in place of article 327 and sections 2(kk), 11f, and 12bb of the act in place of sections 8 and 9 of the delimitation act, 1950, it will be obvious that neither the delimitation of the panchayat area nor of the constituencies in the said area nor of the constituencies ..... by sri mallik in support of his contention that in appropriate cases even in cases relating to election and the actions of delimitation commission this court can interfere has no force because those cases do not relate to actions of delimitation of constituencies. in fact, article 329 is in two parts. first part relates to the laws made by ..... -zg which bars interference by courts in elections matters. placing reliance on earlier judgment of the supreme court in lakshmi charan sen v. a.k.m. hassan uzzaman air 1985 sc 1233, the supreme court considered the question whether delimitation of wards in municipalities and allotment of such wards to scs and sts and bcs cannot be challenged .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(5)ALD588; 2000(5)ALT517
..... to other class. therefore, such transfer from tribal to non-tribal was illegal. he also observed that the agricultural lands alienation act, 1349 fasli was in force till it is replaced by the hyderabad tenancy and agricultural lands act, 1950. before enforcement of hyderabad tenancy andagricultural lands act, 1950, tribal regulations 1359 fasli and the rules made thereunder were governing the field. the regulations came into ..... jurisdiction. he relies on the judgments of the division bench of this court in munja v. perchaki raju, 1976 (2) aplj (hc) 103, gaddam narsa reddy v. collector, adilabad district, air 1982 api, dy. collector v. s. venkata ramanaiah, , gottipulla venkata appara rao v. special deputy collector, 1996 (3) ald 287, kola mahalaxmi v. agent to government, khammam, : 1999(6)ald718 .....
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