Court : Andhra Pradesh
Reported in : 2008(6)ALD592; 2008(5)ALT776
..... and that it is last will and testament of late venkataratnamma. in re point no. 212. under customary law of adoption prior to coming into force of hindu adoptions and maintenance act, 1956, an adopted son becomes nearest heir of the adopted father and as a necessary corollary inherits the property. even when a hindu widow adopts ..... she could not have bequeathed entire property in favour of plaintiff trust. he submits that ex.b.6 propounded by plaintiff violates section 13 of hindu adoptions and maintenance act, 1956 (the act, for brevity). reliance is placed on sawan ram v. kalawanti air 1967 sc 1761, b.venkatamuni v. c.j.ayodhya ram singh air 2007 sc 311 : ..... a male child to secure spiritual benefit to the adopter and to secure a heir to perpetuate the adopter's name, such adoption relates back to the date .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1990]186ITR226(AP)
..... inconvenience. lord tenterden further observed in that case that the king's bench ought not to depart from the long-established rule that interest was not due on money secured by a written instrument unless it appeared on the face of the instrument that interest was intended to be paid or unless it be implied from the usage of ..... not attracted to a case like the present one where a person other than the assessee is claiming interest. 13. the supreme court has held that the income-tax act, being an act to consolidate and amend the law relating to income-tax and super-tax, is a complete code by itself. (ravulu subba rao v. cit : [1956]30itr163(sc) ). ..... and reasons, it is based on the recommendations contained in the 63rd report of the law commission of india. this act of 1978 was not brought immediately into force but became effective only from august 19, 1981. section 2(c) of the act defines 'debt' as 'any liability for an ascertained sum of money and includes a debt payable in kind, but .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP174
..... calculated at 6 1/4% per annum, simple interest.' the expression 'debt' is defined in sec. 3 (iiii) as meaning 'any liability in cash or kind, whether secured or unsecured, due from an agriculturist.'8. the relevant portion of section 3 (ii) which defined 'agriculturist' is as follows:-'agriculturist' means a person who has a salable ..... it was observed that section 13 can have application only to a borrowing made for the first time after the act came into force and is not attracted to renewals of debts incurred prior to the communicant of the act. it is difficult to regard renewal as incurring a debt within the preview of that section.16. we ..... view, the expression 'incurred' by an agriculturist cannot be construed in isolation without reference to the meaning of the words 'agriculturist' and 'debt' as defined by the act.9. the argument that the expression 'has salable interest' in the definition of the 'agriculturist' is referable to the status of the debtor as an agriculturist when the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD351; 2000(1)ALT621
..... -1988 granted interim suspension of the operation of the order dated 2-9-1988 made in writ petition no.4825 of 1987. the said order remained in force till the disposal of the writ appeal no.i729 of 1988 on 5-12-1996. the petitioner also preferred cross-objectionsclaiming relief for execution of the sale ..... rather shocking and surprising to notice that a highly placed official of the rank of the additional special chief secretary to government could have indulged in such an act of fanciful letter writing virtually denuding the corporation of its legitimate right to deal with the industrial areas and estates. such programmed or accidental letters may adversely ..... is the successor body of the government. the orders issued by the state government as a policy measure remains in force even as on today. in such circumstances, the then special chief secretary to government cannot act contrary to the declared policy of the government. in fact, the government could not have interfered in the matter at .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(5)ALD866
..... section 14 empowers the chief metropolitan magistrate or the district magistrate to take appropriate steps or use, or cause to be used, such force, as may be necessary for taking possession of secured assets and documents relating thereto. sub-section (3) of section 14 declares that any action taken by the chief metropolitan magistrate or the ..... , the authorized officer of the bank issued notice dated 6.12.2003 under section 13(4) read with section 13(12) of the 2002 act and rule 8 of the security interest (enforcement) rules, 2002 for taking possession of the mortgaged property. immediately on receipt of the aforementioned notice, the petitioner filed this petition ..... tribunals and the debts recovery appellate tribunals for expeditious adjudication of disputes relating to the recovery of debts dues of banks and public financial institutions. the 1993 act also created a bar to the entertaining of civil suits in matters involving recovery of the dues of the banks etc. for few years, the new .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALD789; 2007(1)ALT312
..... is the document executed in 1974 by the owners of item 4 of plaint a schedule property registering by registered deed giving the house of the second defendant as security for the sale of item 4 of plaint a schedule property. admittedly the second defendant got himself impleaded in the suit for partition as per the orders of the ..... .al7 to a27 photos with their negatives taken at the time of marriage, ex.a28 is also the wedding card with invitation, exa29 is the registration extract of the security deed executed by subba rao and others in favour of m. paparao in respect of item 4 of the plaint a schedule property claimed by the second defendant, have ..... registered under any law for the time being in force as produced before the court purporting to record the adoption made and is signed by the person giving and person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of the act unless and until it is disproved. therefore, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(3)ALD488; 2008(6)ALT597; (2008)2CompLJ534(AP)
..... of 1992), the recovery of debts due to banks and financial institutions act, 1993 (51 of 1993) or any other law for the time being in force.section 35 specifically states that it would override ..... being in force or any instrument having effect by virtue of any such law.37. application of other laws not barred:- the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the companies act, 1958 (1 of 1956), the securities contracts (regulation) act, 1956 (42 of 1956), the securities and exchange board of india act 1992 (15 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(6)ALT464
..... of finance (department of expenditure) (defence division), paid out of the defence services estimates and not permanently subject to the air force act, 1950 (45 of 1950) or the army act, 1950 (46 of 1950) or the navy act, 1957 (62 of 1957) ;(f) `family pension' means `family pension, 1964', admissible under rule 54 but does not ..... the parliament for conferring certain assured benefits upon the class of employees engaged in any industry in which 20 or more persons are employed. this act is a social security measure which provides for terminal benefits which are unattachable and unwithdrawable, excepting in compelling circumstances such as to help the beneficiary to buy a ..... normally be a hindrance for enforcing the constitutional guarantees or benefits. passage of time, however, long it might be, should not come in the way for, securing justice to all, which is the very primary objective and motto of the constitutional courts. delay or latches, are normally taken a serious note when 3rd .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(1)ALT222
..... order dated 03.11.2005 issued by first respondent on the ground that the same is contrary to the andhra pradesh revenue recovery act, 1864 (rr act, for brevity) and the limitation act, 1963 (limitation act, for brevity). by impugned order petitioner was informed that immovable properties like television, chairs, tables were distrained on 03.11.2005. ..... officials for the recovery of the amounts due to the government. subsequently, certain amendments were brought to the said act extending the benefit to the nationalised banks and government corporations etc. there is no force in the contention of the learned counsel for the bank that the defendant is taking the help of the provisions ..... of section 52-a. when once the government is vested with the power, conferred on the government under the excise act, to recover the amount due, it .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2009AP169
..... india assailing the correctness of the orders dismissing an application filed by it purportedly under section 34 of the securitisation and reconstruction of financial assets and enforcement of security interest act 2002 (for brevity 'sarfaesi act') as per the orders in i.a. no. 554 of 2007 in i.p. no. 15/2007, dated 8-10-2007, on the file of ..... , etc. from insolvency proceedingsno insolvency petition shall be presented against any corporation or against any association or company registered under any enactment for the time being in force.11. on a bare reading of the above section, it is quite apparent that the corporation or the associations or companies registered under any enactment in ..... force are exempted from being proceeded against. therefore, it is not explained as to how and why the respondent no. 1 has included the petitioner as one of .....
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