Court : Andhra Pradesh
Reported in : III(2008)BC526
..... now enacted the conversion of agricultural land to non-agricultural purpose act, 2006, which clearly shows that for any agricultural land to be converted as non-agricultural land, the same would have to be done only after appropriate proceedings, declaring the conversion of the agricultural land to non ..... rate the land is not being used for agricultural purpose and, even otherwise, the petitioners are having an effective alternative remedy under section 17 of the act at the appropriate stage and, hence, viewed from any angle, the writ petition is liable to be dismissed. ..... writ of mandamus declaring the action of the respondents in issuing the impugned notice, dated 23.01.2007, under section 13(2) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, as arbitrary, illegal and violative of article 14 of the constitution of india; and consequently to direct the respondents not to take any further action pursuant to the said impugned ..... of 1958);(e) any conditional sale, hire-purchase or lease or any other contract in which no security interest has been created;(f) any rights of unpaid seller under section 47 of the sale of goods act, 1930 (3 of 1930);(g) any properties not liable to attachment or sale under the first proviso to sub-section (1) of section 60 of the code of civil procedure, 1908 (5 of 1908);(h) ..... to invoke the appropriate remedies in accordance with law, at the appropriate stage, as provided under the provisions of the act .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALD70; 2007(6)ALT518
..... . raghavender 2006 (5) ald 566 and in the context of the first proviso to section 3(1)(a) of the act, the assessment by the appropriate committee of the concerned high court is not required to be on a comparative assessment vis--vis other members of the service ..... . the right to continue in service beyond 58 years (prior to the ap act 12 of 2006) is conditional upon an evaluation and assessment by the high court and its satisfaction that such member is of continued utility for extension of service up to attaining of the age of 60 years ..... . by ap act 12 of 2006 (which received the assent of the governor on 16.10.2006 and published in the gazette on 19.10.2006, and was enjoined to come into force w.e.f ..... . 121) directing the petitioner's compulsory retirement from service w.e.f.30-06-2006 is in violation of the provisions of section 3(1)(a) of the act since the petitioner had completed 58 years of age by 14-06-2006 (according to the initial entry regarding his date of birth in the service register) ..... after setting out the chronology of events pertaining to the assessment and review of the service record of the petitioner in the context of section 3(1)(a) of the act leading to the resolution of the administrative committee at the meeting held on 30.06.2006 and the consequent issue of the impugned order by the 2nd respondent in g.o.ms. no. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (2010)27VST473(AP)
..... appropriate to refer, in juxta-position, to the provisions of section 4(9) as it originally stood and after its amendment by act 10 of 2006 with effect from 24.11.2005:section 4(9) as it originally stood section 4(9) after its amendmentby act 10/2006 ..... human consumption or drink supplies by way of or as part ofother than liquor and whether or any services or in any othernot such goods have suffered tax manner whatsoever of goodsunder the act, where such supply being food or any other articleor service is for cash, deferred for human consumption or drinkpayment, or other valuable shall pay tax at the rate ofconsideration, may opt ..... to section 2(38), was required to be excluded from the taxable turnover of the petitioner-dealers, that such sale of empty bottles was not liable to tax under section 4(3) read with item 90 of the iv schedule to the act, that, by necessary implication, packing material, as referred to in item 90 of schedule iv, did not include packing material already taxed under schedule vi and that the words 'relating to', in explanation ii to section 2(38), meant ..... , relate to a period prior to amendment of section 4(9) by act 4 of 2009 with effect from 01.05.2009, the provision applicable is section 4(9) after its amendment by act 10 of 2006 with effect from 24.11.2005. ..... its amendment by act 10 of 2006, section 4(9) ..... deleting the words 'other than liquor', by act 10 of 2006, was to bring liquor within the ambit of section 4(9) of the act. ..... by amendment act 10 of 2006. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALT396
..... the parties are at issue on the publication of the notification and its substance in the newspapers and the locality as envisaged under section 4(1) of the act and i will advert to the same at an appropriate stage.5. ..... 3 issued notice under section 12(2) of the act to all the land owners, including petitioners 1 to 7 and 14 to 16 on 18-10-2006 and out of them petitioner no. ..... 2 alone received the said notice on 4-11 -2006 and the remaining petitioners refused to receive the notices and that since there is a dispute regarding the title pending in o.s.no.1 of 2002, the matter was referred to the court of senior civil judge at bhongir under section 30 of the act.15. ..... 2, who approved the same in respect of ac.145.29 guntas on 27-5-2006; and that thereupon respondent no. ..... on 27-10-2006 the petitioners filed the present writ petition, wherein they questioned notices dated 8-11-2005 issued under sections 9(1), 9(3) and 10 of the act besides seeking consequential direction to respondents 2 and 3 to exclude the lands in survey nos. ..... 3 passed award on 2-6-2006 awarding a sum of rs. ..... 28455 of 2006 filed for interim suspension of notice dated 8-11 -2005 is dismissed as infructuous. ..... on 8-11-2006 a learned single judge of this court dismissed the writ petition at the admission stage on the premise that the writ petition filed questioning the land acquisition proceedings after passing of the award is not maintainable. ..... on 27-5-2006 award was passed in respect of ac. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALD698; 2008(2)ALT515
..... petitions on the judicial side, i am directed to request all the presiding officers under the control of the high court not to address letters on the administrative side and instead, they are henceforth required to send appropriate application on the judicial side for posting them before the concerned hon'ble judge/ judges, for processing them on the judicial side.the above instructions will come into force with immediate effect.7. ..... whenever such requests are sent and acted upon the appropriate application as mentioned to in the aforesaid circular dated 11-10-2006 need not accompany any affidavit by the presiding ..... from the above, necessarily, the pointer is to the effect that such letters should be sent in the format of an appropriate application on the judicial side, which apparently is taken as an application normally filed in the due compliance of the appellate rules of practice and supported by ..... having regard to the scuttle distinction between the powers on judicial and administrative sides, which includes many ministerial acts, the latter cannot prevail over the former. ..... / 2006 dated 11-10-2006, which reads as follows:all the presiding officers under the control of the high court of andhra pradesh are aware of the procedure hitherto being ..... in the facts stated in the affidavit is prone to expose the officers to unwarranted delicate situations.the registrar (judicial) has placed before this court the relevant record that led to issuance of the circular dated 11-10-2006. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(5)ALD294; 2008(6)ALT96
..... it is further submitted that the defendant is paying the monthly rent till today without fair and the plaintiff is collecting the rent from the defendant even after filing the above suit, which act of the plaintiff clearly indicates that the lease period is renewed for a period of another two years as orally agreed upon by the plaintiff and the defendant.it is stated by the revision petitioner in ..... . under these circumstances, non-seeking of appropriate amendment at appropriate stage in the manner envisaged by law has ..... the court always gives leave to amend the pleading of a party, unless it is satisfied that the party applying was acting mala fide, or that by his blunder, he had caused injury to his opponent which may not be compensed ..... that the suit for eviction and mesne profits had been filed on 13-11-2006 and the defendant entered his appearance on 26-12-2006 and thereafter the defendant took nearly six months time for filing ..... it may be appropriate to have a glance at the relevant portions of the written statement for the purpose of better appreciation of the contentions ..... it is further submitted that as the defendant was also one of director and any act done by the defendant unilaterally without passing resolution by the company is not binding on the company and only at the assurance of the plaintiff that the lease deed is executed formally to avoid ..... 2006 is not valid, proper and same is not in compliance of provision of section 106 of transfer of property act .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007CriLJ2102
..... bharath damodar kale (supra), the apex court while dealing with a complaint filed by drug inspector, authorized under the provisions of drugs and magic remedies (objectionable advertisements) act, 1954 held as under:on facts of this case and based on the arguments advanced before us, we consider it appropriate to decide the question whether the provisions of chapter xxxvi of the code apply to the delay in instituting the prosecution or to the delay in taking cognizance. ..... was beyond the period of one year from the date of the commission of the offence, the magistrate was not competent to take cognizance in view of the bar under section 9 of the child marriage restraint act, 1929, which prohibits taking cognizance of any offence after expiry of one year from the date, on which the offence is alleged to have been committed and allowed the appeal and quashed the proceedings. 11. ..... , facts-in-brief may be stated thus: state through inspector, legal meteorology, mahabubabad filed a complaint under section 72 of the standards and weights and measures act, 1976 (for short 'the act') against the petitioner-manufacturer and another retailer alleging contravention of section 39 punishable under section 63 of the act r/w rule 6(i) (c) r/w iii schedule of the standards of weights and measures (packaged commodities) rules, 1977 (for short 'the rules') and contravention of rule 23(i) ..... through inspector, legal metrology, mahabubabad judgment of this court dt.10-3-2006 in crl.p.no.3572/20036. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(3)ALD403
..... court, hyderabad, who signed the warrant dated 26-3-2002 made in e.p.no.93 of 1999 and the bailiff, who delivered the possession of the suit property to the 1st respondent and take appropriate action against the concerned staff and submit a report insofar as the ii senior civil judge, city civil court, hyderabad to the high court for taking ..... defendant is concerned, it is stated that he is in occupation of the suit mulgi as a tenant and though the tenancy was attorned to the plaintiff he was acting in collusion with the 1st defendant and as he was paying the rent to defendants 1 to 4, who have no right to receive the same, he was also made ..... submitted that there is an efficacious alternative remedy available to the petitioner to go before the court below and to get the relief under section 6 of the special relief act and this court cannot grant any relief in exercise of its powers, when there is an efficacious alternative remedy available to the petitioner. ..... vasanta rao, 1985(2) aplj 136 held that section 10 of the rent control act postulates that no tenant shall be ejected from a premises, except in accordance with the provisions of the act and therefore, for ejectment of a tenant in possession of a premises, the exclusive jurisdiction has been conferred in the rent controller; thereby, the jurisdiction ..... said warrant is contrary to the decree and judgment in o.s.no.657 of 1998 and it cannot be acted upon and any actions taken pursuant to the said warrant are non est in law and are .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2003]129STC364(AP)
..... he further states that the business premises of the petitioner was inspected on march 8, 2002, but the respondents have not followed the procedure contemplated under section 28(6) of the act in passing the confiscation order and therefore, the order of confiscation dated march 8, 2002 is liable to be set aside only on the ground that no opportunity was given to the petitioner before passing the order of ..... this background, we grant two weeks time to the petitioner from today to place such objections before the appropriate authority pursuant to the notice dated march 8, 2002, on which basis the appropriate authority shall enquire into the matter as to whether there are any grounds for confiscation of the seized articles and pass appropriate orders according to law.8. ..... the learned special government pleader is unable to show any provision in the act to the effect that once an order of confiscation is passed by a particular authority, that authority has power to revise or modify the ..... 15, 2002 to submit his explanation and therefore, the allegation made by the petitioner that he has not been given any opportunity and the respondents have violated the procedure as contemplated under section 28(6) of the act is far from reality and prays for dismissal of the writ petition,4. ..... in the absence of any provision in the act which empowers the authority to revise the confiscation order, we hold that the consequential order dated march 9, 2002 (corrigendum) is without authority and cannot be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALT430
..... been decided by any court subordinate to such high court and in which no appeal lies thereto, and if such subordinate court appears- (a) to have exercise a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the high court may make such order in the case as it thinks fit: provided that the high court shall not, under this section, vary ..... the petitioner, therefore, may prefer an appeal before the appropriate court.4. ..... , as amended by the code of civil procedure amendment act, an embargo has been placed upon the exercise of this court's jurisdiction there under, if an appeal is maintainable against the decree passed by any court exercising original jurisdiction. ..... by reason of code of civil procedure amendment act, 1976 different views have been taken by different high courts as regards the maintainability of a revision petition in respect of an order where against an appeal is maintainable. .....
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