Court : Andhra Pradesh
Reported in : 2003(156)ELT638(AP)
..... ) by which section 64a of the act was substituted. the said provision reads as under. '64a. in contracts of sale, amount of increased or ..... of sale. the indian sale of goods act was further amended by the indian sale of goods (amendment) act, 1963 (act no. 33 of 1963 ..... in the excise duty. therefore, section 10 of the indian tariff act was repealed and reenacted as section 64a of the indian sale of goods act, 1930 by indian sale of goods (amendment) act, 1940 (act no. 41 of 1940). section 64a of the indian sale of goods act, 1930 provided for addition to or deduction from taxes in a contract .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(2)ALT271
..... the decisions cited before it and has wrongly interpreted the requirement of the landlady as contemplated under section 10 (3) (c) of the act and reversed the well considered order of the learned rent controller.6. per contra, the learned counsel for the respondent-tenant supports the ..... that the requirement of p.w.2 was not pleaded originally and he pleaded by way of an amendment by inserting paras 4 (b) and (c) in the eviction petition is also not of much significance in view of the fact ..... that the amendment relates back to the date of petition and the requirement pleaded was duly established by the evidence adduced on behalf of ..... abstinent and as such disallowing the genuine requirement of the petitioners would negate the very purpose of section 10 (3) (c) of the act. i am, therefore, satisfied that the revision petition deserves to be allowed by setting aside the order of the lower appellate court, restoring .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2002AP493; 2002(4)ALD34; 2002(5)ALT530
..... interest on arrears of tax that applied to purchase of sugarcane made subsequent to the date of commencement of the amending act, no interest thereon could be so levied on the basis of the application of rule 45 or otherwise. the law laid down in the above case has no ..... and purchase) rules, 1961. this court, taking the view that the application of section 21(3-d) was restricted to the crushing season 1975-76 during which the amending act had come into force, answered the question in the affirmative and against the appellant. in the appeal preferred against the judgment of this court by the appellant, the apex ..... (1) on purchase of sugarcane and section 21(3-d) came into force on the date of commencement of the amending act, that its provisions are open-ended and are intended to apply upon the commencement of the amending act with no limitation in time. in that context, the court held that there being no substantive provision for levy of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(4)ALD462; 1998(4)ALT543
..... that the award docs not contain reasons. in the absence of a finding that the award cannot stand in view of the mandatory requirement of giving reasons under a.p. (amendment) act 1/90 it is not proper for the lower court to sit in appeal over the award of the arbitrator. that apart, the lower court having found that the proposition ..... jurisdiction of the lower court is limited, and as such, it cannot sit in appeal over the award of me arbitrator. no doubt, after a.p. (amendment) act 1/90 to the arbitration act as mentioned above, the court is entitled to insist on reasons by the arbitrator in respect of his award. in this case, the lower court has not come to ..... not liable to be set aside.'15. before we answer the question, it is necessary to bear in mind the amendment to section 14(1) of the act in the light of the newly added proviso to that section as per a.p. (amendment) act 1/90, according to which no award shall be valid unless reasons thereof are given. therefore, does the a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(3)ALT100
..... bar a suit. in fact, such a meaning appears to have been attempted to be pressed into service at several junctures. while distinguishing the provision before amendment and after amendment it appears to have been interpreted wrongly without any basis that in whatever manner the claim is disposed of it operates as a decree and therefore bars ..... with all the equitable questions which are to be dealt with and considered in a suit for specific performance in accordance with chapter 2 of the specific relief act (the act) which has got law on equitable bearing and spending or expanding. if that is possible then the contention of mr. reddy, learned advocate for the ..... accepted as the true implication of the provision. this court is afraid whether at all such an implication is even possible or probable. sections 10 -13 of the act deal with the contracts which can be specifically enforced. sections 14 - 19 deal with the contracts which cannot be specifically enforced. sections 20 - 24 deal with .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD663; 2000(6)ALT234
..... petitioner and the learned counsel for the respondents. sri s. v. shall, learned counsel for the petitioner submitted at the bar thatthe learned judge wrongly refused the amendment application presuming that the claim of the plaintiff petitioner herein is barred by limitation. the learned counsel for the petitioner invited my attention to the section 22 of the ..... barred claim so as to bring the claim within a period of limitation is not permissible. but the present case is governed by section 22 of the limitation act, further it is proved by evidence that the defendants have made encroachment over the cart-track. thus, the right of the plaintiff as well as the general ..... limitation act which speaks as under:'section 22. continuing breaches and torts :--in the case of a continuing breach of contract in the case of a continuing tort, a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP179; 2003(6)ALT369
..... to be considered is the effect of clause (x-a) (a) and (b) of the form-j, which we have already noticed. form-j which remained un-amended after the substitution of rule 22 (3) (i) (h) together with its provisos must be deemed to be modified since the operation of the rules did not depend ..... in our considered opinion, is a mandatory requirement. the rules have been framed in exercise of the power conferred upon the central government under section 13 of the act, which provides and enables the central government to make rules for regulating the grant of reconnaissance permits, prospecting licences and mining leases in respect of minerals and for ..... to as 'union of india') allowed the revision petition filed by the 4th respondent herein under section 30 of the mines and minerals (development and regulation) act, 1957 (for short 'the act') and rule 55 of the mineral concession rules, 1960 (for short 'the rules') and accordingly set aside the order passed by the second respondent (hereinafter .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(2)ALT143
..... was filed by the respondent herein, for specific performance of an unregistered agreement of sale. during the pendency of the suit, i.a. no. 737 of 2007 was filed by the petitioner herein, requesting the court to frame preliminary issue regarding the maintainability of the suit on the basis of an unregistered agreement of sale, ..... or extinguishing any right, title or interest, but merely creating right to obtain another document does not require registration under section 17(1) of the registration act.as a necessary corollary a document of contract for sale of immovable property creating right to obtain another document shall not require registration by reason of the payment ..... cpc by the present petitioner, seeking to frame the preliminary issue regarding the maintainability of the suit in view of section 17(1) of the registration act, and to decide the same at the first instance.3. the respondent herein resisted both the applications. the trial court has dismissed both the applications on .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD(Cri)747; [2005(106)FLR853]; (2005)IIILLJ846AP
..... same, the acquittal recorded may have to be confirmed. the learned counsel also explained the definition of occupier as it originally stood and the subsequent amendments introduced thereto inclusive of the amendment in the year 1987. strong reliance was placed on the decision of the apex court in j.k.industries ltd., and ors. v. chief ..... the material available on record it is clear that the requisite facilities were not provided by the respondent-accused and hence the contravention of the provisions of the act and the rules with which the respondent had been charged had been proved.5. per contra, sri ravi, learned counsel representing the respondent-accused would contend ..... prosecutor would contend that the evidence of p.ws.1 and 2 is clear and categorical to the effect that respondent-accused had contravened provisions of the act and the rules with which respondent had been charged and acquittal had been recorded by the learned magistrate taking a very narrow view which cannot be sustained. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD582
..... under section 17(4).'21. mr. subba reddy, the learned counsel for the petitioners would submit that g.o. ms. no.458 was issued on 8-11-1999, and amendments were effected in g.o.ms. no.107, dated 25-3-2000. thereafter, section 4(1) notification and section declaration were made. hence, it cannot be said that there ..... further, he submits that the government issued g.o. ms. no.458, dated 8-11-1999 granting consent under section 39 of the land acquisition act for the acquisition of lands in question. but, however, amendment was issued in g.o. ms. no. 107, dated 25-3-2000, i.e., after a lapse of nearly four months and therefore when ..... in the reference second read above, government have continued a land acquisition committee for advising the government in relation to acquisition of land under part vii of the land acquisition act, 1894 for formation of approach road to the ramoji film city in terms of the provisions contained in rule 3 of land acquisition (companies) rules, 1963. the committee .....
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