Court : Andhra Pradesh
Reported in : 2002(5)ALT82
..... counter claim for possession, but the supreme court found:'it is true that rule 6-a (1) was introduced by amendment act of 1976. preceding the amendment, it was settled law that except in a money claim, counter claim or set off cannot be set up in other ..... is maintainable? whether counter claim can be made in different cause of action? it is true that preceding cpc amendment act, 1976 rule 6 of order 8 limited the remedy to set off or counter claim laid in a written statement only in a ..... money suit. by cpc amendment act, 1976, rules 6-a to 6-g were brought on statute. rule 6-a(1) provides that a defendant in ..... submitted that the defendant had started harassing the plaintiffs, therefore the suit was filed. the defendant filed a written statement and thereafter amended it setting a counter claim for ejectment and recovery of possession. in the written statement/counter claim the defendant claimed that he was .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1986]59CompCas654(AP)
..... (duly certified by the auditor of the company). (2) a copy of the returns shall also be simultaneously furnished to the reserve bank of india. [notes : 1 the amendment rules 1978 h;ave, with effect fro april 1, 1978, inserted the words 'duly certified by the auditor of the company' at the end of sub-rule(1). the ..... of the offence until the contravention is remedied. 9. in p.r. ajyar's law lexicon, a continuing offence is explained as : ' a transaction or a series of acts constituting an offence set on foot by a single impulse, and operated by an unintermittent force, no matter how long a time may occupy. the expressions 'continuing offence' and ' ..... furnishing the returns or that the offence continues until the requirement of regulation 3 is complied with. there is nothing in regulation 3 or in any other provision in the act or the regulations which renders the continued non-compliance an offence until its requirement is carried out. 13. in a more recent case, viz., cwt v. suresh seth : .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1985AP321; [1987]61CompCas452(AP)
..... in the decisions rendered on the basis of the wording use in section 5, prior to the amending act of 1946. section 5 of the act, as amended, was no doubt extracted but we find no discussion as to the effect of the amendment on the divergent opinions expressed by different high courts on the language so section 5, before and after ..... were laid down by the supreme court in sarbati devi's case [1984] 55 comp cas 214, should be applied. 15. prior to the amendment of 1946, section of 5 of the provident funds act, 1925, in its material terms, and dealing with a case of nomination provided : 'any nomination which purports to confer upon any person the ..... receives the amount, subject to the rights of the legal heirs of the deceased subscriber. by the amendment of 1946, the word 'absolutely' occurring hitherto in section 5 was omitted. after the amendment of 1946, section 5 of the provident funds act, 1925, read in its material terms 'where any nomination purports to confer upon any person the right .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP149; 1995(3)ALT853
..... only, the moment the landlord came to know such acqusition, he has sought the eviction of the premises in question under section 10(2)(v)of the act by amending his petition. the said ruling of the supreme court, in my opinion, in the circumstances supports the case of the landlord only. it is not the ..... it wasonly when the landlord came to know that the said building was acquired by the tenant, he filed petition for amendment, seeking eviction of the tenants on the ground of acquiring alternative building. the said amendment has been allowed. legal position is that once the tenant acquires an alternative accommodation, that is a ground for eviction ..... under section 10(2)(v) of the act. however, the learned counsel for the tenant contended that in view of the decision .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1995AP166; 1995(1)ALT68
..... including the decree-holder and defendant no. 5 were entitled to inherit to the suit properties left by atva nagireddy as the deceased died before hindu law of inheritance amendment act, 1929 came into existence, (pages 215 and 216 of hindu law by mulla, 15th ed.). the properties s~o inherited by them are popularly called as ' ..... virtue of the transfer in favour of the alienee or the donee cannot be equated with that a stranger by forgetting the realities of the situation. surely the act was intended to benefit her. and when the widow becomes possessed of the property, having regained preciously that interest which she had temporarily lost during the duration ..... in 1992).the law appears to have given a texture or structure to a settlement under a settlement deed in the taxation laws under section 2 of the gift tax act as 'settling the property right or claim, conveyance or dispossession of property for the benefit of another' (commissioner of income-tax v. ramachahdra gupta : [1968]69itr254 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1991AP219; 1991(1)ALT176
..... . 26 and 53 by act 19 of 1921. the collector continues to be a party before the court even after the reference and the court can certainly issue appropriate directions to ..... s. 18, provided also that nothing herein contained shall afffect the liability of any person, who may receive the whole or any part of any compensation awarded under this act, to pay the same to the person lawfully entitled thereto'. therefore, the three contingencies which 'prevent' payment by the collector as per the award are : where the ..... -with the act, the provisions of the code of civil procedure shall apply to all proceedings before the court under the act. under s. 26(2) the award is to be deemed a decree and the grounds therefor, a judgment. the court dealing with the award, in our view, is not a court of limited jurisdiction after the amendments to ss .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALD299
..... the telecom department of the union of india was an industry within the definition of 'industry' under section 2(j) of the industrial disputes act, 1947 and observed that the amendment made in that definition in 1982 had not been brought into force by the central government by issuance of notification required for the purpose. it ..... was, therefore, not necessary to consider whether the telecommunication department of the unionof india would be an 'industry' within the meaning thereof in the amended provision which had not yet been, put into force.9. the supreme court further observed that in para 143 of the decision of justice krishna iyer in ..... they exclude the jurisdiction of the high courls and the supreme court under articles 226/227 and 32 of (lie constitution, are unconstitutional. section 28 of the act and the 'exclusion of jurisdiction'' clausesin all other legislations enacted under the aegis of articles 323a and 323b would, to the same extent, be unconstitutional. the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1995(1)ALT452; [1998]93CompCas41(AP)
..... the other prayers along with the said main prayer and also interim reliefs while filing the company petition and also reliefs which are sought to be added by way of amendment under order 6, rule 17 of the civil procedure code, 1908, in the company applications. prayers originally sought for in company petition no. 24 of 1994 : (1) that ..... petitioner no. 2 pending investigation by the inspector to be appointed by the central government. further additional prayers sought for by amendment in c.a. no. 268 of 1994 : (1) to declare respondent no. 1 as disqualified to act as the managing director of the petitioner-company. (2) to direct respondents nos. 1 and 2 to keep all ..... other reliefs are unsustainable and are beyond the scope of the petition under section 237 of the companies act. he takes me to sections 235, 237, 397, 398, 399, 109, 391, 394, 395, 400 - 407 and particularly, pointing out to the amendments brought to the above legal provisions. he also cites articles 115(c), 132 and 78. he .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP145; [1971]41CompCas1030(AP)
..... a was in force, that prosecution might have been completely continued. the trial court held that 'the language contained in clause (2) of the defence of india (amendments) rules. 1965 can only afford protection action already taken while the rule was inforce, but cannot justify initiation of new proceedings which will not be a thing done ..... that 'in that case the prosecution had been started case the prosecution had been started before the defence of india act ceased to be in force, and secondly the language introduced in the amended sub-section (4) of section 1 of the act had the effect of making applicable the principles laid down in section of the general clauses ..... act, so that a legal proceeding could be instituted even after the repeal of the act in respect of an offence committed during the time .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP68
..... not so joined, the petition is liable to be dismissed in limine under section 86(1) of the act. of course, such a plea was not taken in the written statement nor at the time when the respondent had opposed the amendment. it was raised at a late stage by way of application no. 150 of 1967, after the case ..... in the election petition, as it stood before the amendment and also thereafter. of course, in the election petition there are a large number of other corrupt ..... 123 receipt of bribe was not a corrupt practice but as a result of the amendment, not only giving but also receiving (bribe) is equally an offence and is a corrupt practice, within the meaning of section 123 of the representation of the people act. thus it is manifest that there are allegations of corrupt practices against punnaiah sastri .....
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