Court : Andhra Pradesh
Reported in : 2004(1)ALT528
..... -operative officer passed the order dated 28-3-2003 exercising his jurisdiction under section 32(7)(a) of the act and since the same is not an appealable order, the tribunal has no jurisdiction to entertain the appeal.4. in order to get over the above objection of the petitioner on ..... , has the jurisdiction to appoint a person or persons-in-charge.21. now the order of the 2nd respondent which was impugned before the tribunal if tested in the light of the power conferred upon the 2nd respondent under clause (a) of sub-section (7) of section 32 it ..... the committee meetings.27. on the contrary if the contention of the counsel for the 1st respondent is accepted, the committee is still in force and is capable of running the society on its own.28. in view of the above contentious issues, it is very difficult for this ..... of the above said revision, the order of the 2nd respondent dated 28-3-2003 shall be in force.33. the writ petition is accordingly allowed with the directions indicated above. no costs. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1994AP272; 1994(2)ALT304
..... supra) requires reconsideration by the division bench. i agree with the reasoning given by the learned judge that since the suit is filed when section 32 (b) was in force, the suit is maintainable. therefore, i am unable to accept the contention of the learned counsel for the appellant that the suit is not maintainable in the civil court.' ..... contended that when once the supreme court in motor general traders v. state of andhra pradesh supra, struck down the provisions contemplated under section 32(b) of the act taking away the jurisdiction of the civil court, the civil courts have no jurisdiction and, therefore, both the courts below have rightly held that the civil courts cannot ..... the suit should be disposed of in accordance with the law which was in force as on the date of the filing of the suit. though section 32 (b) of the rent control act was subsequently struck down as unconstitutional by the supreme court, since the plaintiff had already filed a suit in the year 1977, when the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP376
..... receiver thereby divesting the party in possession from his holding. before a final pronouncement is made on the right to recover possession under section 32, the tribunal acting within the limited jurisdiction conferred on it, cannot disturb the status quo. it is submitted that the order by which the petitioner's possession is ..... that provision is indistinguishable in its range format he powers conferred by the civil procedure code. but the question posed here in whether the tenancy act itself does not impose restrictions the the tribunal exercising powers under section 32. the operation of section 89 (2) which confers in all their plenitude the powers derivable from ..... negatives condition or state of emergency. the tahsildar said that section 38-e of the act has come into force and consequently the interests of the tenants require to be safeguarded. for one thing he was not right in acting on the assumption that the petitioner was entitled to possession and therefore, safeguards had to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(6)ALD532; 1998(6)ALT485
..... court in atma ram v. ishwar singh, : (1994)iiillj972sc , held thus:'in the instant case, the suit was filed at the time when clause (b) of section 32 was in force. on the date of filing of the suit, the civil court had the jurisdiction to entertain and dispose of the suit. it means that the right of the party to ..... relates to a residential building and, therefore, the tenancy is a monthly tenancy and terminable by 15 days notice. the two requirements of the quit notice under section 106 of tp act with respect to a residential building are that the notice should give minimum 15 days time for the tenant to vacate the lease hold premises and that the said time ..... the suit should be disposed of in accordance with the law which was in force as on the date of filing of the suit. though section 32(b) of the rent control act was subsequently struck down as unconstitutional by the supreme court, since the plaintiff had already filed the suit in the year 1977, when exemption granted under section 32(b .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2003AP70; 2002(6)ALD52; 2002(6)ALT791
..... appeal, the questions that fall for consideration are:-(a) whether the scheme framed by the trial court in os no. 113/13 will continue to be in force even after the enactment of wakf acts of 1954 and 1995? (b) whether the appointment of mr. zahoor has mutawalli of the mosque is legal and valid? (c) whether the compromise decree passed ..... to repeal sections 92 and 93 of cpc by adding item 3-a to sub-section (1) of section 69 of the 1954 act. the date with reference from which that amendment was to come into force was not notified. the result is that sections 92 and 93 continued to be applicable even in respect of wakfs covered by the provisions ..... of trustee/mutawalli for the mosque and the orders were passed when 1954 act was in force. even this doubt ceased to exist with the enactment of wakf act 1995 (for short '1995 act'). section 32 of 1995 act correspondents to section 15 of 1954 act. sub-section (1) of section 32 of 1985 act reads as under:32. powers and junctions of the board :-- (1) .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1986]158ITR224(AP)
..... had elected to continue to be a partner of the firm constituted by the partnership deed dated july 5, 1962, the partnership was perfectly valid. the tribunal held that the said sushilchand choudary signed the application in form no. 11 for the assessment year 1965-66 and also form no. 12 for 1966- ..... with the conditions under section 184 of the income-tax act and also directed the income-tax officer to pass orders thereon. 7. thereupon the ..... choudary cured the invalidity attached to the partnership deed. accordingly, the tribunal concluded that the invalidity hitherto attached to the partnership deed was removed and that the assessee was entitled to registration under section 184 of the income-tax act. accordingly, the tribunal directed the assessee to file an application in form no. 11 complying .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1984AP110
..... the contention of the learned counsel for the appellant is misplaced and unfounded.11. sections 32 and 34 of the arbitration act may now be noticed. section reads:'notwithstanding any law for the time being in force, no suit shall lie on any ground whatsoever for a decision upon the existence, effect or validity of an arbitration agreement ..... is, therefore, not obliged to grant stay merely because the parties have even under a commercial contract agreed to submit their dispute in a matter to an arbitration tribunal in a foreign country. it is for the court, having regard to all the circumstances, to arrive at a conclusion whether sufficient reasons are made out for refusing ..... party and by staying the suit compel the party in breach to abide by its contract. when the parties have agreed to an arbitration by a foreign arbitral tribunal the case for stay would be stronger than if there was a domestic arbitration agreement. this proceeds on the assumption that parties not only sought and agreed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(5)ALD285; 1998(4)ALT698; 1998CriLJ4279a
..... provision of this constitution or in any other law for the time being in force'. 4. in exercise of the powers under article 323(1), the parliament had enacted the administrative tribunals act, 1985 enabling to set-up administrative tribunals-central tribunal to deal in service matters relating to central government and other allied authorities and ..... court under articles 226, 227 and 32 of the constitution, were held to be unconstitutional and as a necessary corollary, section 28 of the administrative tribunals act, was held to be unconstitutional. it was held that the jurisdiction conferred upon the high courts under articles 226 and 227 and upon the supreme court ..... service matters was taken out of the purview of the high court in view of section 28 of the administrative tribunals act, contempt jurisdiction, relating to service matters was entrusted to the tribunal and as the supreme court has struck down the said provision and also its genesis contained in the constitutional provision- .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD356; 2005(2)ALT391
..... informed that the railways would conduct enquiry and settle the claim within ten days. as the claim was not settled, the consignor moved the railway claims tribunal under section 13 of the tribunal act being o.a. no. 17 of 1997 claiming a compensation amount of rs. 98,176/- with interest at 12% per annum.3. oa no. ..... as may be, be applicable to the inquiring into or determining, any claims by the claims tribunal under this act.13. as per sub-section (1) of section 13 of the tribunal act, the railway tribunal established under section 3 of the said act is conferred with the jurisdictional power and authority, which was exercisable immediately before that day by the ..... the railway receipt. therefore, the railway receipt cannot be said to have delivered to the consignee, in which event, consignor can maintain the claim. i see force in the submission having regard to factual background as well as legal position. this view is also supported by the decision of the allahabad high court in union .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALT179
..... by the petitioner-society shall be treated as a fresh layout.3. prima facie i am of the opinion that under section 32 of the andhra fradesh urban areas (development) act, the huda cannot cancel the permission though there are some short falls or deviations and at the most they can only direct the concerned to rectify them and if they .....
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