Court : Andhra Pradesh
..... db)that khasra pahani of 1954-55 was prepared as per the record of rights, regulations and the entries therein have the force of title by itself. 45. this decision was followed in the executive officer, sri bramaramba mallikarjuna swamy temple v. sai krupa ..... escheat to the government. 20. he also placed reliance on a proceeding in file no.a1/1451/50 dt.04.06.1950 issued by the special inspector for enquiry, ownership rights, zaheerabad taluqa, zaheerabad (v), medak district wherein a finding was ..... reasons, that too, raised for the first time in the arguments. 39. in commissioner of police v. gordhandas bhanji (air 1952 sc 16), the supreme court held that public orders, publicly made, in exercise of statutory authority cannot be construed ..... and whereunder its judgment has been set aside. an adjudicating authority, although an officer of the central government, should act as an impartial tribunal. an adjudicating authority, therefore, in absence of any power conferred upon it in this behalf by .....
Tag this Judgment!Court : Andhra Pradesh
..... instruments (amendment) ordinance, 2015 shall be transferred to the court having jurisdiction under sub-section (2) of section 142, as if that sub-section had been in force at all material times. 8. thus, it is clear from the above that the place of collecting bank also gives jurisdiction to maintain a complaint. thereby, the ..... hence taken as heard. 4. heard the learned counsel for the revision petitioner/complainant and perused the impugned order and also sections 142 and 142a of the amended act 26 of 2015. 5. the expression of the apex court in k.bhaskaran v. sankaran vaidhyan balan (1999) 7 scc 510), that was also referred by ..... complainant of a dishonour cheque filed a complaint against two accused/respondents 1 and 2 herein, for the offence punishable under section 138 of the negotiable instruments act (for short the act ) and taken cognizance originally before the learned iii additional metropolitan magistrate, nampally, hyderabad, by allotting c.c.no.1560 of 2009 and on transfer, .....
Tag this Judgment!Court : Andhra Pradesh
..... required from levy and control orders, respectively, that too as on the date of seizure, when the order and licence storage and regulation order, 2008 are in force and the violation of which and the statement of respondent no.3 before the tahsildar, at the time of seizure, also substantiates the same, and contra to it ..... confiscation of respective vehicles in the three cases, the counsel for the revision petitioners, respectively, submits that unless there are findings regarding violation of section 3 of the act arrived by the authorities, confiscation order of the vehicles cannot be passed and, even if any passed, they would no way survive. there is no dispute on ..... prosecution for any offence or even for confiscation proceedings from the contention of similar analogy in kailash prasad yadav and anr. v. state of jharkhand and anr (air 2007 sc 2626)to apply herein also of existence of culpable mental state on the part of the accused/respondents, respectively, in the court shall presume so of .....
Tag this Judgment!Court : Andhra Pradesh
..... relationship presupposes a consensus of two minds. if government is not willing to enter into contract with a person, i do not think that government can be forced to do so. it is one thing to say that government, like any other private citizen can enter into contract with any person it pleases, but a ..... and siemens engineering and manufacturing co. of india ltd. v. union ofindia (1976) 2 scc 981), discussed above. 32. in ram chander vs. union of india, air 1986 sc 1173, this court was dealing with the appellate provisions under the railway servants (discipline and appeal) rules, 1968 condemned the mechanical way of dismissal of appeal in ..... reason is an incident of the judicial process and emphasized that in discharging quasi-judicial functions the appellate authority must act in accordance with natural justice and give reasons for its decision (scc pp.106-07, para 4 : air page 1176 para 4). 33. in star enterprises vs. city and industrial development corporation of maharashtra ltd. and .....
Tag this Judgment!Court : Andhra Pradesh
..... of this court for approving the scheme of compromise and arrangement as provided under section 393 of the companies act, 1956 came up for consideration before the hon ble supreme court in miheer h. mafatlal v. mafatlal industries limited (air 1997 supreme court 506(1)). in the said case the hon ble supreme court was considering the case ..... . based on the averments made in para. 26 of the petition, the convening of the meeting of the creditors was dispensed with. therefore, this objection has no force and the cases cited in relation to the same cannot be made applicable to the facts and circumstances of the present case. the scheme itself, therefore, seeks confirmation for ..... members voting of whom (to take an extreme example) one member holds 901 shares and the remainder hold one each, the 99 shareholders holding one share each cannot force a scheme against the vote of the holder of the 901 shares, because they do not muster three-fourths in value. conversely, that 'shareholder and 49 of the .....
Tag this Judgment!Court : Andhra Pradesh
..... limited purpose of showing the antecedents of the detenu. para-11: in view of the above finding, we hold that the ratio laid down in chhagan bhagwan kahar case (air 1989 sc 1234) will squarely apply to the facts of the present case and the impugned order has become liable to be quashed. 11. the present case is squarely ..... court in w.p.no.10257 of 2015 dated 08.09.2015, which is not permissible under law. 10. in case of ramesh vs. state of gujarat and others (air 1989 sc 1881 (1) the honourable supreme court has held thus: para-10: on a careful scrutiny of the grounds of detention, we unreservedly hold that the detaining ..... definition of goonda as defined under section 2(g) of telangana prevention of dangerous activities of boot-leggers, dacoits, drug-offenders, goondas, immoral traffic offenders and land grabbers act, 1986 (for short act 1 of 1986) learned counsel argued, the said definition is not attracted here. for convenience, we re-produce the same as under: "goonda" means a person, who .....
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..... will assess all government dues outstanding against the government servant and effect their recovery in accordance with rule 71 of ccs (pension) rules, 1972, and other instructions in force for effecting recovery of government dues. 5. the family can apply to the head of the office of the government servant for grant of family pension and death/ ..... the expression presumption is not used in either of these 2 sections, though it is used in other sections that form part of the same chapter. the evidence act itself is divided into three parts with 11 chapters. part-i containing chapters i and ii, comprises of provisions relating to interpretation of words and phrases and provisions ..... the aforesaid view was followed by the bombay high court in subhash ramchandra wadekar vs. union of india, air 1993 bombay 64, in which a single judge of the bombay high court held that if section 108 of indian evidence act is to be interpreted literally, it would have to be held that law presumes the death of a .....
Tag this Judgment!Court : Andhra Pradesh
..... particular point, the government can fill up gaps and supplement the rules and issue instructions not inconsistent with the rules already framed. (sant ram sharma v. state of rajasthan {air 1967 sc 1910}; union of india vs. k. p. joseph {(1973) 1 scc 194}; dhananjay malik v state of uttaranchal (2008) 4 scc 171). the government ..... -making authority in the department, gets his approval and the final order is communicated to the person concerned. 15. in bachhittar singh v. state of punjab {air 1963 sc 395}, a constitution bench of this court had the occasion to consider the effect of an order passed by a minister on a file, which order ..... that the instructions have been issued by exercising power under a specific provision of the act. utmost the memos may be treated as guidelines for acb officials, without any statutory force. the parliament enacted prevention of corruption act, 1988 by repealing the act ii of 1947. even assuming without conceding that the state government has power to make .....
Tag this Judgment!Court : Andhra Pradesh
..... the amendment was, thus, a deviation from the common law liability under the law of torts and was also in derogation of the provisions of the fatal accidents act. the act and the rules framed by the state in no uncertain terms suggest that a new device was sought to be evolved so as to grant a quick and efficacious ..... on reference made, was answered by the three judge bench expression in deepal girishbhai soni and others vs. united india insurance co.ltd., baroda [(2004) 5 scc 385 : air 2004 sc 2107]in the affirmative. while so answering, it was held that though both sections 166 and 163a are final proceedings, under section 166 on fault liability, the ..... from raising any ground of fault and whereas section 163-a is an independent provision with non-obstinate clause having over riding effect over all other provisions of the act. it is also a rationale behind it, in saying as fault liability principle from where large compensation amount involved or compensation amount is likely to be high, it .....
Tag this Judgment!Court : Andhra Pradesh
..... : 2. restriction on the dereservation of forests or use of forest land for non-forest purpose:- notwithstanding anything contained in any other law for the time being in force in a state, no state government or other authority shall make, except with the prior approval of the central government, any order directing - (i) that any ..... reliance on g. raghava das and etc. etc. vs. government of andhra pradesh and ors. and b.v. joshi vs. state of andhra pradesh and ors. (air 1987 ap 166). 17. in the above backdrop, the issues that emerge for consideration and which this court is called upon to answer in the present writ petitions are ..... 17.03.2005 the mineral development corporation proposed for private participation, as such, the corporation cannot claim any exemption under section 2 (iii) of the forest conservation act, 1980. it is further submitted that the contention that the proposal was not forwarded through the mines and geological development was neither pleaded in the counter affidavit .....
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