Court : Andhra Pradesh
Reported in : 2007(2)ALD302; 2007(2)ALT491
..... eviction petitions and that even if the building is pulled down, as long as the land is available on which the building was existing, the proceedings under the act shall continue and have to be decided. therefore, the properties shall be deemed to be preserved to decide the claims of the parties herein and as admittedly the ..... privity of estate has also been created inasmuch as lease is the transfer of an interest in immovable property within the meaning of section 5 of the transfer property act (wherein the phrase 'the transfer of property' has been defined) read with section 105, which defines a lease of immovable property as a transfer or a right ..... to be seen that the supreme court in the case of t. lakshmipathi v. p. nithyananda reddy : [2003]3scr173 which arises under the andhra pradesh rent control act, the apex court held as follows:the tenancy cannot be said to have been determined by attracting applicability of the doctrine of frustration consequent upon demolishing of the tenancy .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2007AP119; 2007(2)ALD129
..... court. there are certain aspects, which cannot be countenanced in law. though this c.r.p. is filed against an order passed under section 5 of the limitation act, this court cannot but express its view, lest the parties are subjected to unnecessary litigation. for instance, having said that the petitioner did not turn up in the case ..... heart disease was not known to him. without specifying any independent ground, but citing section 12 of the act, he sought for annulment of the marriage. at the instance of the petitioner, the o.p. was transferred to the family court, hyderabad and re-numbered as o. ..... the respondent filed h.m.o.p. no. 80 of 2003 in the court of senior civil judge, vizianagaram, under section 12 of the hindu marriage act, 1955 (for short the act'), against the petitioner. he alleged that the petitioner became unconscious, on the next day of marriage itself, and that the fact that she was suffering from rheumatic .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(6)ALT453
..... petitioners cannot be allowed to contend that instead of reviewing the order, respondent no. 2 ought to have referred the matter to the tribunal for adjudication, and more so when section 25m(7) of the act inter alia states that the appropriate government or the specified authority may, either on its own motion or on the application made by ..... the vice of violation of principles of natural justice. he submitted that having regard to the provisions of section 25m(7) of the act, respondent no. 2 ought to have caused the matter referred to a tribunal for adjudication, and in support of this contention, he placed reliance on the judgment of this court in voltas limited v. government ..... sub-section (4) or refer the matter or, as the case may be, cause it to be referred, to a tribunal for adjudication. the power vested in respondent no. 2 under section 25m(7) of the act, being discretionary, it is for respondent no. 2 to exercise his discretion and the petitioner cannot be allowed to contend that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2007AP163; 2007(2)ALD655; 2007(4)ALT569
..... factors, to be taken into account. assuming that the agreement is proved and genuine, the circumstances, referred to, under sub-section (2) of section 20 of the act, are demonstrably present in the instant case.31. the trial court itself found that the hands of the respondent were not clean, in view of the fact that he ..... also present at the time of oral agreement....28. guru prasad was not examined as a witness. a presumption provided for under section 114(g) of ilie evidence act, straightaway gets attracted, and it would certainly tell upon the proof of the oral agreement.29. the cumulative effect of the above discussion is that, the respondent ..... sole testimony of the respondent; is sufficient to decree the suit for specific performance, and such an approach is contrary to section 20 of the specific relief act (for short 'the act'). he submits that there existed several factors, ranging from lack of bona fides, to laches, in filing the suit, to deny the relief of specific performance .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD20
..... purchaser of land from a land holder cannot be treated either as a tenant or a protected tenant, for him to invoke the jurisdiction of the tribunal for a certificate under section 38-e of the act.9. as held in venkateswara rao's case (supra), a protected tenant only is entitled to ownership rights, subject to the conditions laid down ..... claims to be a purchaser from the pattedar, the order granting certificate under section 38-e of the act to 1st respondent is liable to be set aside.3. there is no representation on behalf of 1st respondent.4. i find force in the contention of the learned counsel for the revision petitioners that a certificate under section 38-e ..... of the act can be granted only to protected tenants but not others.5. 'protected tenant' is defined in section 2 of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD56; 2007(4)ALT283
..... the defendant agreed for the same subject to the condition of obtaining the exemption by the plaintiff from the concerned authorities under the provisions of the ulc act.8. the allegation that the agreement was only with respect to 2050 sq. yards of land and the total consideration being rs. 1,53,750/- was ..... the plaintiff is absolutely untrue and untenable and in fact, the land is within the urban agglomeration and attracted by the provisions of urban (ceiling and regulation) act, 1976. the plaintiff on the promise of getting the urban ceiling exemption from the concerned authorities including the government, requested the defendant to sell the entire extent ..... of s. no. 219 situated at saidabad village within the limits of hyderabad municipal corporation after obtaining necessary permission from the authorities under the urban land ceiling act or alternatively to direct the defendant to pay a sum of rs. 169,930/- towards refund of the sale price and damages, together with future interest .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008ACJ725; 2007(2)ALD347; 2007(3)ALT568
..... o.p. no. 209 of 1997 and batch, on the file of the above said tribunal. all4hese c.m.as., were filed by the united india insurance company limited.2. the limited question that arises in all these 8 c ..... common order, dated 17-9-1999, in o.p. no. 606 of 1997 and batch, on the file of the motor accidents claims tribunal (tv-additional district judge), kurnool. the rest of the c.m. as., arise out of the common order dated 31-12-1999, in ..... is a body corporate incorporated under any law for the time being in force in india. 'section 2(d) of the act says that 'every insurer shall be subject to all the provisions of this act in relation to any class of insurance business so long as his ..... bus without receiving the premium therefor. by reason of the provisions of sections 147(5) and 149(1) of the motor vehicles act, the appellant became liable to indemnify third parties in respect of the liability which that policy covered and to satisfy awards of compensation .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD449
..... to the disability of the victims, unless the doctor who issues the certificate is examined as a witness that disability certificate cannot be relied on by the tribunals, for assessing the disability of the victims. as stated earlier, the wound certificate issued by the government doctor who examines the victim immediately after the accident, ..... compensation than that is awarded to him, the point for consideration in this appeal is 'to what compensation is the appellant entitled to?'3. unfortunately, the tribunal without specifying under what head it is awarding what compensation to the appellant, it just stated that it is awarding rs. 25,000/- as compensation to the ..... to the first respondent and insured with the second respondent filed a claim petition under section 166 of the motor vehicles act, 1988 seeking compensation of rs. 1,00,000/- from the respondents. the tribunal, after trial, held that the accident occurred due to the rash and negligent driving of the driver of the tractor .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD647
..... any other law for the time being in force, which may have produced error or defect in the decision of the case upon the merits, it can interfere with the conclusions of the lower appellate court.in dnyanoba ..... chinna pullappa v. guruka chinna bayanna and ors. 1961 (2) an.wr 162, wherein a division bench of this court while dealing with section 63 of the indian succession act, considered the scope of valid testamentary disposition and held that the first condition requisite to render valid any testamentary disposition is that such disposition should be 'in writing' though no ..... second appeal, if the high court is satisfied that the decision is contrary to law or some usage having the force of law, or that the decision has failed to determine some material issue of law or usage having the force of law, or if there is a substantial error or defect in the procedure provided by the code, or by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD663; 2007(4)ALT143
..... a-5, but the courts below did not consider the same in the proper perspective. he supports the orders passed by the tenancy appellate tribunal, in the matter of fixation of fair rent.11. sri m.r.s. srinivas and sri subba reddy, learned counsel, have appeared ..... dated 1-7-2002. the respondents filed a.t.a. no. 55 of 2002 before the tenancy appellate tribunal-cum-district judge, west-godavari, at eluru. the appeal was dismissed on 22-8-2005. c.r.p. no. 6317 of 2006 arises out ..... rent for the entire land was enhanced to rs. 5,000/-, and that the same was being paid to their landlords.9. the tenancy tribunal allowed the a.t.c, and enhanced the rent from rs. 100/- to rs. 5,100/-, per acre, per annum, through judgment ..... of 1996.7. the appellants 1 and 2 in the second appeal filed a.t.c. no. 131 of 1996 before the tenancy tribunal-cum-principal junior civil judge, kovvur, against the respondents in the second appeal, and some others, with a prayer to fix fair rent .....
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