Court : Andhra Pradesh
Reported in : AIR1988AP226
..... in the present case the position is different. the action was still pending when central act 31 of 1950 came into force. no order was passed which could attract the attribute of finality and conclusiveness under s. 5-b of the east punjab act 14 of 1947. further the possibility of such finality was definitely affected by the repealing ..... view taken by the division bench of the madhya pradesh high court in chuluram v. bhagatram : air1980mp16 ; orissa high court in nanda kishore moharana v. mahabir prasad lath, air 1978 orissa 129 and delhi high court in syndicate bank, new delhi v. m/s. rallies india ltd., new delhi, : air1979delhi40 . 33a. inasmuch as an appeal ..... ambalal krishnalal parikh, : air1982guj324 . with respect we agree with the view taken by the full bench of the kerala high court in mohamad khan v. state bank of travancore, air 1978 k& 201; the allahabad high court in prarap narain agarwal v. ram narain agarwal, : air1980all42 (fb); and the patna high court in narmada devi's case : .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1990AP263
..... and the rights of the unmarried daughters have been recognised in the preliminary decree. there is a statutory change by the introduction of section 29a of the hindu succession act which came into force on 5th sepember, 1985 and the preliminary decree has been passed on 26th december, 1973, but no final decree has been passed. the plaintiff himself filed an ..... 0.20, r, 18 and the definition of preliminary decree' as defined in s. 2(2) of the code of civil procedure, held as follows (at p. 1473 of air):'we are of opinion that there is nothing in the code of civil procedure which prohibits the passing of more than one preliminary decree if circumstances justify the same and ..... added after the. preliminary decree have to be adjusted in the final decree. the privy council in jadu nath ray v. parameswar mallik, ilr (1940) 1 cal 255 (265) : (air 1940 pc 11 (16)), while reversing the judg-ment of the calcutta high court held that a mortgagee who is added as a party after a preliminary decree in a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(1990)DMC541
..... acquired such right and that right now cannot be enforced under section 125(3) of the code. therefore, if a muslim woman divorced prior to coming into force of the act of 1986 in whose favour order of maintenance has been passed and has become final or is pending in revision or in other court is being challenged by the ..... present day to follow logically from ancient texts however authoritative, when the ancient doctors of the law have not themselves drawn those conclusions.'in k. veerankutty v. p. umma, air 1956 madras 514 and ibrahim fathima v. mohammed saleem, : air1980mad82 , it has been recognised that the court must administer the personal law for muslims on the basis of the ..... of death. it is otherwise in the case of divorce, where she is entitled to maintenance during iddat'. the principle has been followed in md. shamsuddin v. noor johan air 1955 hyderabad 144 and chandbi v. badesha (1960) 62 bom. lr 866.34. it is also to be noted that in the ancient authority of fatawai alamgiri, it .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(1992)DMC95
..... noticed that an offence under section 304b ipc popularly knownas 'dowry death' has come into the statute book by reason of section 10 ofact 43/86 which came into force on 19.11.1986. the sessions judge appearsto have forgotten the fact that he was dealing with an incident which tookplace nearly 6 1/2 months prior to this ..... judge feltthat the offences for which charges were framed and the accused were convictedby trial court are not made out and that a different offence is established, thenhe should have acted under sub-clause (i) of section 386(b) and remandedthe case for re-trial. he has not done so. on the other hand, presumablyacting under sub-clause (ii ..... judge was not conscious of the fact that what he was doingoffends the provisions of chapter xv11 of the cr. p.c. even if he were to bepresumed to act under section 221. invoking section 221(2) is permissibleonly cases in which charges could have been framed for different offences of asimilar character under section 221(2). as indicated .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(1)ALT467
..... section 458a:'s.458-a. exclusion of certain time in computing periods of limitation:notwithstanding anything in the indian limitation act. 1908 (ix of 1908) or in any other law for the time being in force, in computing the period of limitation prescribed for any suit or application in the name and on behalf of ..... two decisions the question of any discriminatory treatment in favour of the official liquidator and the circumstances of these two provisions occurring in different chapters of the act and meant for different situations was not examined.9. the appellants' complaint about any discrimination has to be considered in the background that the validity of ..... who are persons being proceeded against, cannot legitimately raise such a grievance in the face of the clear provisions of section 458a.10. the present companies act contains more than 560 sections which are divided into 13 parts. each part contains separate chapters and also sub-headings for grouping of sections. part-vii provides .....
Tag this Judgment!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 : 1996(1)ALT933
..... court has precisely held that when there are provisions contemplated under a statute, such provisions cannot be evaded or ignored. therefore, when procedure contemplated under the act for holding of a general body meeting and to remove the president or the managing committee, is not followed, such removal of the president and the managing ..... as indicated above, when the entire system of holding the general body meeting, removal of persons including the president is governed by the procedure contemplated under the act, this case is a glaring example of negative attitude displayed by all the concerned, probably for the purpose of serving somebody's interests. this court is, ..... . 19. the entire co-operative movement is to survive on democratic principles, that is to say, admitting members in accordance with the provisions of the act, holding of elections to the society and election of the managing committee. the foundation on which the democratic system survives is by enforcing the rule of law .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(4)ALD907; 1996(2)ALD(Cri)851; 1996(4)ALT733; 1997(1)ALT(Cri)63; 1997CriLJ2581
..... formalities with the jct ltd. on behalf of andhra associates and started avoiding me. several mediations sent to him were proved futile owing to the acts and deeds committed by the said gopal rao, i was forced to surrender my agency back to jct ltd. as i had turned down several offers made to me by others to mange the said agency ..... counter-affidavit as follows :- 'the material allegations made against me in the representation by the petitioner is that i, literally forced the petitioner to accept to make payment to the said a. gopal rao, in spite of the petitioner explaining the acts of cheating committed by said a. gopal rao and that i, gave him time till 7-4-1996 to settle ..... in the city and as and when required to see that no person committed any cognizable offence or acted in any manner that caused any break down of law and order. it is not difficult to see the wisdom in developing such a force in a city like hyderabad, which is ever expanding as an urban aglomeration and has many reasons .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALD292
..... the 2nd respondent, being consequential administrative action, cannot be called in question under article 226 of the constitution. this objection, in my view, has no force, the prayer in the writ petition read in conjunction with the allegations made in the writ-affidavit, makes it manifestly clear that what the petitioner was ..... or the doing ofsuch act is likely to cause financial lossto municipality, danger to human ..... order, licence, permission or act has not been passed, issued, granted or authorised in accordance with law; or(b) such resolution, order, licence, permission or act is in excess of the powers conferred by this act or any other enactment; or(c) the execution of such resolution, ororder, the continuance in force of suchlicence or permission .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(2)ALD802; 1998(3)ALT215
..... the petitioners who are pattedars of the lands are being permitted to continue their fishing operations.5. the parliament enacted the wild life (protection) act, 1972, which came into force in the state of andhra pradesh with effect from 5-8-1973. the prime object of the enactment is for the protection of wild animals ..... certain time limit.16. the learned government pleader also relied on the decision of the supreme court in tarun bharat sangh ahvar v. union of india, air 1992 sc 514. the writ petition was brought as a public interest litigation for enforcement of certain notifications promulgated under the wild life environmental protection and forest ..... permitting he villagers living around the boundaries of the national parks and sanctuaries to collect tendu leaves, pending final notification under section 26a and 35 of the act. therefore, the writ petition was filed by the petitioner with a view to preserve ecology, environment and wild life in the national parks and sanctuaries which .....
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