Court : Andhra Pradesh
Decided on : Jan-04-2002
Reported in : 2002(1)ALD(Cri)519; 2002(1)ALT(Cri)300; II(2003)DMC239
..... , in which their lordships of gujarat high court was pleased to hold that by invoking the inherent powers under section 482, cr.p.c, the court is empowered to compound the offence under protection of civil rights act. it is the judgment of the learned single judge of gujarat high court. we are not in agreement with ..... 15. the principle underlying the above decision is that the courts have to save the institution of the marriage. the court by refusing to exercise the jurisdiction under section 482, cr.p.c. cannot destroy the family institutions. therefore, when the matrimonial disputes are finally settled and the court is satisfied fully that the disputes have ..... been settled and the parties are staying happily, there will be nothing wrong in exercising the jurisdiction under section 482, cr.p.c. for quashing the complaint against the husband. by exercising such jurisdiction, family will be saved from further calamities.16. to give one .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-23-2002
Reported in : 2002(6)ALT600
..... a lease in favour of the firm faquir chand bhagwan das; whether it was a licence coupled with a grant or an irrevocable licence within the meaning of section 60(b) of the easements act, 1882. these are disputed questions which we do not think that we are called upon to decide in the present proceeding. the admitted position, so far as ..... it should have taken appropriate legal action for the removal of the trustee as was opined by the state's legal remembrance. it is well recognized that a suit under section 92, civil procedure code, may be brought against persons in possession of the trust property even if they claim adversely to the trust, that is, claim to be owners of the property ..... (act 11 of 1964 for more than one reason: (a) if the said land was or had become the property of the then ruler of jaipur and/or maharaja bhawani singhji, it could not vest in the state for the simple reason that on 1-09-1964 it was not an agricultural land. the definition of 'land' in clause (f) of section .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-25-2002
Reported in : 2002(1)ALT431; 2002(1)ALT(Cri)188; 2002CriLJ1962
..... of public order. it is difficult to comprehend that the activity of the detenu has effected, in any manner whatsoever, the public order. explanation to section 2 (a) of the act says that public order shall be deemed to have been affected adversely, or shall be deemed likely to be affected adversely inter alia, if any of ..... question as to whether the alleged activities of the detenu had resulted in causing any prejudice to the maintenance of public order.it would be appropriate to reproduce section 3 of the act, which confers power to make orders detaining certain persons.3. power to make orders detaining certain persons.- (1) the government may, if satisfied with ..... therefore in the present case it cannot be postulated what view would have been taken by the detaining authority about the need to detain the petitioner under section 3 (2) of the act if he had not taken into account the stale and not proximate grounds 1 and 2 into consideration in arriving at the subjective satisfaction. we are .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-28-2002
Reported in : 2002(2)ALD669
..... delay in preferring the revision petitions under section 90 of the act, on that count, it cannot be said that the tribunal lacked jurisdiction to entertain the revision petitions. in other words, what the learned standing counsel ..... application seeking condonation of delay is a must. this is a decision rendered by a bench of two judges. even the judgment cited by sri harinath in chief of army staff's case (supra) is also rendered by a bench of two judges. in this case also, there was an oral application for condoning delay. even if we ..... of this court in jamuna bai v. m. appa rao, : air1981ap186 , and also a judgment of the supreme court in l. naik mahabir singh v. chief of army staff, (1990) supp. scc 89, would attack the finding of the learned single judge and contend that simply because the appellant did not make separate applications for condonation of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-28-2002
Reported in : 2002(4)ALD319; 2002(3)ALT515; II(2002)DMC679
ORDERR. Ramanujam, J.1. This Civil Revision Petition, under Article 227 of the Constitution of India, is filed against the order of the Family Court, Hyderabad, dismissing O.S.No.245 of 1999 as not pressed.2. The petitioners herein are defendants 1 to 3 in the aforesaid suit. That suit was filed by Mohini Madhukar Balvalli, who is no other than the daughter of the 1st petitioner herein, and another by name Sayeed-ur-Rahman, who claims to have married her, for perpetual injunction restraining the petitioners 1 to 3 herein, i.e., defendants 1 to 3 in the suit, their men and agents from interfering and entering into the peaceful married life of the plaintiffs at the premises bearing No.19-2-362, Doodhbowli, Palam Road, Hyderabad. Along with the said suit, an interlocutory application was also filed seeking interim injunction restraining the petitioners herein, their agents and men from interfering with the peaceful married life of the respondent-plaintiffs.3. In that suit summons were iss...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-2002
Reported in : 2002(2)ALD535; 2002(2)ALT237; 2002CriLJ3494; 2002(84)ECC68; 2002(143)ELT282(AP)
..... k. joshi v. collector of customs, : 1992(61)elt172(sc) , the supreme court has held that under section 125 of the customs act the authority can give an option to the importer to get the goods released on payment of fine. under such circumstances both the authorities ought to have given ..... by the authorities in confiscating the gun brought by the 2nd petitioner is absolutely incorrect. in our view the authorities ought to have applied the provisions of section 125 of the customs act in the case on hand. since the gun is imported for personal use the question of unscrupulous utilization of the weapon does not arise. in hargovind das ..... para 5.6 of the import policy and the same is exempted from para 4.5 of the exim policy. it was also contended that as per section 125 of the customs act the 2nd petitioner is entitled for release of the gun even on payment of fine and penalty as provided. the appellate authority passed the following order:i .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-13-2002
Reported in : 2002AIHC2449; 2002(4)ALT388
..... for obvious political reasons and was not a bona-fide exercise. learned counsel had also drawn my attention to different provisions of the act, in particular to section 80 of the act and had contended that prime consideration in relation to the alienation of the temple lands is the benefit of the institution and institution is ..... instructions issued by the commissioner , endowments, the executive officer also submitted proposals under section 80(1) of the act for alienation of the land in tender cum public auction to the commissioner of endowments. thereto, the commissioner of endowment issued notice m6/55717/95 ..... was prolonged and commissioner of endowment, hyderabad , at last taken a decision to sell away the lands in question by tender cum public auction under section 80 (1) of the act and requested the district collector, kurnool vide letter dated 6-6-1995 to drop further action for alienation of the land.9. in pursuance of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-21-2002
Reported in : 2002(2)ALD362; 2002(2)ALT1
..... the enactment cannot be struck down on the ground that the court thinks it unjustified.'some or other constitutional infirmity has to be found before invalidating an act.'51. for the aforesaid reasons, we are of the considered opinion that the impugned proviso does not suffer from any legal or constitutional infirmity. the impugned ..... exercise of the power under the proviso to article 309 of the constitution of india, is only subject to the other provisions of the constitution of india, acts of the appropriate legislature. the test to determine the constitutionality of any provision of the rules framed under article 309 of the constitution of india is, ..... india, which provides as under:'309. recruitment and conditions of service of persons serving the union or a state.- subject to the provisions of this constitution, acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons, appointed, to public services and posts in connection with the affairs of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-01-2002
Reported in : 2004(2)ALT32
..... that they had appended their signatures to the document as attesting witnesses or can be construed to have done so in their capacity as attesting witnesses. section 68, indian evidence act requires an attesting witness to be called as a witness to prove the due execution and attestation of the will. this provision should have been ..... two witnesses in he presence of the testator. it should also be evident that the attestors have seen the testator having signed or affixed mark. section 68 of the evidence act deals with the method of proving the execution of a document, where the same is required in law to be attested. it provides that such ..... regards attestation, he submits that the scribe of the document has also figured as the 2nd attestor and there is compliance with the provisions of section 63 of the indian succession act. inasmuch as neither the scribe nor the attestor were alive, the persons who were acquainted with their signatures were examined as witnesses and that constituted .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-05-2002
Reported in : 2002(3)ALD612
..... rajamna, the learned government pleader for industries submits that there is no necessity for obtaining the consent of the owner or occupier as per the provisions of the act and the rules. 8. section 24-a reads as under: 'rights and liabilities of a holder of prospecting licence or mining lease :--(1) on the issue of a prospecting licence or mining ..... is mandatory and in the absence of the same, the first respondent cannot entertain any application. the learned counsel for the 3rd respondent however placed reliance on section 24-a of the act and submits that there is no such mandatory requirement to obtain the consent of the owner or the occupier of the land in respect of which a ..... if the land is a private land, there is no necessity to obtain the consent of the owner or the occupier of the land. reliance was placed on section 24-a of the act as well as the decision of the supreme court in pallava granite industries private limited v. government of a.p., : [1997]2scr1173 , and in state of .....
Tag this Judgment!