Court : Andhra Pradesh
Reported in : 1992(1)ALT713
..... was increased to two years. the question before the supreme court was whether after the expiry of one year period since the amendment act came into force, but before the two year period prescribed by the amendment act had lapsed, it was open to the income-tax officer to issue a reassessment notice for commencing proceedings under section 34. the ..... was placed upon s.g.r.tiles manufacturers v. state of gujarat, : [1977]1scr878 . and reserve bank of india v. peerless general finance and investment company limited, air 1987 sc 1023.25. the question in s.g.r.tiles manufacturers case is whether entry 22 added by gujarat government, by notification issued on 27-3-1967 to part ..... sustained. in sapport of this reliance was placed upon the observations of a division bench of the calcutta high court in md. mozaharal ahmad v. md. azimaddin, air 1923 calcutta 506 at 511 . the division bench was dealing with the question as to the period of limitation for instituting a suit for recovery of dower debt when .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALD840; 2008(3)ALT805
..... and criminal justice and conduct administration and to regulate procedure of the officers. section 7 provided that all rules made earlier shall have force even after making 1874 act. this act also empowered the state government to direct any officer to administer civil and criminal justice and it need not necessarily be the district ..... exercise of powers under paragraph 6 of fifth schedule, the president of india issued scheduled areas (part 'a' states) order, 1950 declaring areas specified therein to be scheduled areas within the states specified in part 'a' of first schedule to the constitution of india.33. a feeble ..... under the governance of governor under section 92 of government of india act, 1935. these excluded and partially excluded areas became scheduled areas by virtue of the scheduled areas (part 'a' states) order, 1950 and scheduled areas (part 'b' states) order, 1950 issued by president of india. after the inauguration of constitution, in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALT516
..... purpose, unconnected with agriculture, the holder of such land shall be entitled to keep the land, provided that such conversion was not void or illegal under any law in force.(3) the vesting of private buildings or lands under sub-section (1) or (2) shall be subject to the payment of non-agricultural assessment that may be ..... bound to consider according to law, a writ of mandamus may be issued commanding the tribunal to proceed according to law. in state of bihar v. ganguly air 1958 sc 1018 it was held that mandamus is available against any public authority including administrative and local bodies, whereas prohibition and certiorari will lie only against judicial ..... , and (iv) act in excess of their legal authority. the under -noted decisions of the apex court may usefully be referred to in this context:-province of bombay v. khusaldas (1950) scr 621, basappa v. nagappa : [1955]1scr250 ; and hari vishnu v. ahmad : [1955]1scr1104 .it is needless to say that the issuance of either writ of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD581; 2005(3)ALT43
..... not defined therein shall have the meaning assigned to them in the land revenue act, 1317 fasli, {the andhra pradesh (telangana area) tenancy and agricultural lands act, 1950}, act xxi of 1950 and {the andhra pradesh (telangana area) atiyat enquiries act, 1952} act x of 1952 and the rules thereunder.'37. the rules of 1975 were framed in exercise of powers conferred by sub- ..... would continue to be dealt with under b.s.o.54, class (b) as introduced by the amendment to that order. in this view, there is no force in this appeal and it is hereby dismissed with costs.'31. it is no doubt true that the certificate was issued by the competent authority in favour of the ..... in which the grant was made establish a condition that it was resumable if the service was not performed: (see lakhamgouda basavprabhu v. baswantrao, 61 mad lj 449 = (air 1981 pc 157)). the question therefore is whether section 44-b covers only the first type of grant, (namely, a service grant) and not a personal grant burdened .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALT776
..... ministerial service rules or any other statutory rules or the rules framed by the governor under the proviso of article 309 of the constitution of india by force of which part-time village servants by force of which an attender belonging to 'other service' could be taken out of the purview of the proviso to clause (b) of sub-rule ..... v. debabrata mullick, : [1951]2scr1125 and kalipada chakraborti v. palani bala devi, : [1953]4scr503 and the judgment of the privy council in lakhamgouda basavprabhu sardesai v. baswantrao, air 1931 pc 157 and the full bench judgment of the madras high court in venkata v. rama, ilr 8 mad. 249 (d.b.) repelled the above contention of the state ..... supreme court in gazula dasaratha rama rao (1 supra), was called upon to decide the question whether the office of the village munsif under the madras hereditary village-officers act, 1895 is an office under the state within the meaning of that term in article 16(1) and (2) of the constitution of india. in that case on .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALD693; 2007(1)ALT278
..... that unless a gift, will or another limited interest is created in lieu of providing maintenance the limited interest acquired before or after the hindu succession act came into force cannot be enlarged as a full owner. it is stated that there is no specific mention in ex.al will with regard to maintenance and in view ..... facts in masilamani mudaliar v. the idol of sri swaminathaswami : [1996]1scr1068 , are that the legatee having a limited interest under ex.a3 will dated 16-7-1950 sold the property and the said alienations were questioned holding that the legatee was not having right to alienate. the trial court decreed the suit and the division bench ..... did not extinguish in respect of plaint a schedule properties. the trial court did not follow the decision of the supreme court in vaddeboyina tulasamma v. vaddeboyina sesha reddi air 1977 sc 1944, but followed the earlier decision of the supreme court in mst. karmi v. amru : air1971sc745 , and distinguished the two cases on the ground .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD631
..... transaction would be completed after getting clearance from the government. later a.p. land reforms (ceiling on agricultural holdings) act, 1973 (land reforms act) came into force with effect from 1.1.1973 followed by enactment of ulc act. therefore, registration of sale deed got delayed. but, the appellant continued agricultural operations. as the sale deed could ..... new question of fact could not be entertained at any appellate stage. this decision has been followed by this court in bhagat singh v. jaswant singh, air 1966 sc 1861.77. keeping the above principles with regard to the pleadings and evidence, the submission of the appellant's counsel may be considered. fifth ..... the doctrine of presumption cannot always partake the fundamental principles of evidence. a reference may be made to the decision in krishna kumar v. kayastha pathashala, air 1966 all. 570, wherein it was laid down:whether or not an adverse inference from the non-production of the best evidence by a person on whom .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT657
..... infra.7. the widespread abuse of arbitral process pointed out by supreme court in guru nanak foundation v. rattan singh and sons : air 1981 sc 2075 was mainly due to 1940 act itself which gave scope for 'interminable, time consuming, complex and expensive court procedures'. this required a law which enables an arbitration as ..... to whether chief justice of high court or the judge nominated by him, in exercise of powers under section 11(6) of arbitration and conciliation act, 1996 (1996 act, for brevity) can refer the dispute to arbitrator for resolving the dispute arising out of an agreement, which is allegedly null and void.2. ..... commercial arbitration established by united nations commission on international trade law (uncitral). accordingly repealing 1940 act, 1996 act, which also includes provisions of conciliation, was enacted on 16.01.1996. this came into force on 25.01.1996. the 1996 act is divided into four parts and contains eighty six sections and three schedules, which reproduced .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2010(1)ALT228
..... 1 to 3, chandra seethamma, malempati radha krishna murthy and chandra ranganayakamma, are children of malempati kondaiah through his first wife. she passed away in 1945. in 1950 there was a partition between kondaiah and second defendant. plaint a schedule properties fell to share of father. after death of his first wife, kondaiah married annapurnamma ( ..... be attested, it shall be proved by examining at least one attesting witness called for the purpose of proving execution. section 66 of the indian succession act, 1925 (succession act, for brevity), requires a will to be attested at least by two witnesses. therefore, so as to be valid bequeath, the propounder has to prove ..... such legitimate doubts have to be removed by cogent, satisfactory and sufficient evidence to dispel suspicion.13. in shashi kumar banerjee v. subodh kumar banerjee (3) air 1064 sc 529, a constitution bench of supreme court approved the law in h. venkatachala iyengar (2 supra), and laid down as below.the onus of proving .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2003AP254; 2003(1)ALT312
..... filed under rules 1 and 2 of order 39 cpc, but not in cases where injunction is sought under section 151 cpc has no force. issuance of injunctions is governed by section 37 of the specific relief act, which lays down that injunctions can be either temporary or perpetual, and temporary injunctions are such as to continue until a specified time or ..... the court took one such view is not a ground for review, and so this petition for review is not maintainable. he relied on lily thomas v. union of india, air 2000 sc 1650, and northern india caterers v. lieutenant governor, delhi, : [1980]2scr650 , in support of his contentions.7. we are not able to agree with the contention of ..... entertain an application for special leave is not a bar to the high court to review its judgment, if there are grounds for such review; murari rao v. balvanth dikshit, air 1924 mad 98, where it is held that the word 'error' need not necessarily be limited to 'errors of fact' and 'error of law' also would come within the .....
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