Court : Andhra Pradesh
Decided on : Apr-23-2003
Reported in : 2003(4)ALD189
..... commissioner may grant licence to the applicant under rule 5(1) after satisfying that the applicant fulfilled the conditions specified in rule 4 i.e., giving security deposit. as per rule 4, the commissioner is required to satisfy that the proposed building, plant and apparatus to be used in connection with distillation ..... impose on the construction and working of a distillery or brewery and licence to a warehouse where intoxicant substances are kept. section 17 of the act further provides that subject to the provisions of section 28, the government may impose conditions while granting licence for manufacturing liquor or any other intoxicant ..... , transport, purchase and sale of intoxicating liquor and drugs and levy of duties, excise etc. on alcoholic liquors for human consumption. chapter iv of the act deals with manufacture, possession and sale of intoxicating liquor. the activities of manufacturing, possession and sale require a licence granted in accordance with sections 13, 14 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-05-2003
Reported in : 2003(5)ALD654; 2003(6)ALT1
..... same under which the vendors undertook to obtain patta certificates from the concerned authorities at their own cost and also other permissions required under the act and the rules in force for completing the sale transaction covered by the agreements by sharing the expenses with the purchasers equally. the agreements also recite that if for any ..... made by a study team constituted for the purpose to issue passbooks to owners, pattadar, mortgagees, occupant or tenant of land to enable them to secure loans on the basis of entries in the said pass book without requiring them to approach the village officers and others every time. the second amendment was made ..... of the supreme court in state of orissa v. brindaban sharma urged that revisional powers can be exercised in respect of orders made prior to the coming into force of the amended provision specifically conferring revisional power. he also placed reliance on the decision in thiru manickam v. the state of tamil nadu : [1977]1scr950 .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-18-2003
Reported in : (2004)1GLR488
..... the lands which were to be transferred by sale in the name of the defendant were being so transferred only because of the laws and to keep the lands secured so that if the addressee of the letter came to india, there would be no difficulty in managing the lands. it was also mentioned that if any ..... learned counsel also argued for the first time that the suit was barred by limitation and the provisions of the benami transactions (prohibition) act, 1988 were applicable to the transactions even though the act came into force much after the execution of the sale deeds. it was further contended that though the letters written by the defendant exhs. 79, 80 ..... the general power of attorney holder of plaintiff, in favour of defendant for suit lands were without any consideration, sham, nominal and to avoid technicalities of the ceiling act?[2] does the plaintiff prove that he had sent power of attorney on advice of defendant and had asked thakorbhai gopalji to execute sale deeds, but they were not .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-30-2003
Reported in : 2004(2)MPHT457; 2004(3)MPLJ467
..... grant of compensation of acquired land and to section 23 for disposal of the vacant land acquired by the state government. it is setforth that the principal act remained in force till the year 1999 and eventually it was repealed by the parliament and the state of madhya pradesh passed the resolution under article 252(2) of the ..... the word 'vest' has a different facet. in this context we may refer to the meaning of the term as defined in chamber's twentieth century dictionary:'to settle, secure, or put in fixed right of possession; to endow, to descend, devolve or to take effect, as a right.'concise oxford dictionary gives the following meaning :--'confer formally ..... 5) deals with how the possession has to be taken over. sub-section (6) empowers the competent authority to take possession of the vacant land by application of force.16. submission of mr. jain is that once that property vests it becomes free from all encumbrances. the state becomes the owner in entirety and there is acquisition in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-21-2003
Reported in : 2003(4)ALD123
..... upon the plaintiff to pay the balance sale consideration of rs. 3,99,000/ - and as the plaintiff failed to perform the part of the obligation, defendant no. 1 was forced to sell the property to defendant no. 2 to meet his pressing financial needs. it is also the case of the defendant no. 1 that the agreement of sale dated ..... willing to perform his part of the contract.'32. the supreme court in lourdu mari david v. louis chinnaya arogiaswamy, : air1996sc2814 , observed thus:'under section 20 of the specific relief act, the decree for specific performance is in the discretion of the court but the discretion should not be refused arbitrarily. the discretion should be exercised on sound principles of law ..... ex.a2. he submits that under ex.a2, memorandum of understanding is in between the plaintiff and the defendant no. 2 and ranga rao. the plaintiff was required to furnish security of his wife's property by depositing the registered sale deed on or before 30-10-1990 with ranga rao and no such .....
Tag this Judgment!Court : Chennai
Decided on : Apr-10-2003
Reported in : 2004(1)ALD(Cri)859; III(2003)BC479; 2003CriLJ4660; 2003(3)CTC202
..... herein appears to have filled up a fictitious date in the cheque and presented it for collection; that since the transaction for which the said cheque was given as security had already been satisfactorily closed, her father did not bother to check the account, and therefore, the cheque was dishonoured; that the respondent herein issued a notice ..... juvenile. ... if a juvenile is accused of any offence, committed under section 223 of the code of criminal procedure or any other law for the time being in force, but for the prohibition contained in sub-section (1), such juvenile and any person who is not a juvenile, are charged and tried together, the board taking cognizance ..... void, without jurisdiction and void ab initio; and (e) that the cheque has been issued only as security and not for the discharge of any lawful debt or obligation, and therefore, the proceedings u/s. 138 of the act are not maintainable.4. in the counter affidavit filed on behalf of the respondent, it would be submitted that .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-22-2003
Reported in : AIR2003All337; III(2003)BC388; (2003)2UPLBEC1366
..... withdrawal of the application for withdrawing the appeal is not maintainable.6. mr. s.n. verma, learned senior counsel appearing for the bank submitted that fraud vitiates all acts and that the bank having been induced by fraud played by the firm, respondent in these appeals to move the application for withdrawal the order dismissing the appeal as ..... we are not dealing with a common law case of contract; we are called on to exercise our equitable jurisdiction and apply the equitable principles which have by force of regulation 4 of 1927 been made part of the law of this country. the ruling case on the point is the duchess of kingston's case, ..... of some other person for the purpose of actually and knowingly defrauding him;' patch v. ward cited in mahomed golab v. mahomed sulliman.'fraud as defined in the contract act means actual fraud. but in equity the courts havealso developed the doctrine of 'constructive fraud.' the following extract from snell'sprinciples of equity, chapter 6, part ii, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-26-2003
Reported in : 2004(1)ALD296; 2004(6)ALT275
..... the expiry of the defence of india rules, the madras buildings (lease and rent) control act, 1946 was introduced and it came into force with effect from 1st october, 1946. the rent control legislations followed the pattern evolved in rent restriction acts of england, which were primarily aimed at the protection of small tenants in regard to the ..... to the scheme and intendment of the act, the government may review its policy decision time to time. such policy may bring in more buildings within the jurisdiction of the rent controller or on account of the proliferation in the construction activity the need of the government to secure various private buildings might diminish, and therefore ..... to fix the fair rent is with the controller. the municipal courts cannot fix the fair rent of a building coming within the ambit of the act. the act has not placed any restrictions upon the controller for fixing the fair rent. the quantum to be fixed eventually at the culmination of enquiry appears to have .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-30-2003
Reported in : 2003(4)ALLMR139; 2003(6)BomCR65; 2003(4)MhLj264; 2003(27)PTC538(Bom); [2003]45SCL362(Bom)
..... or thing made, issued, given or done under the designs act, 1911 (2 of 1911), shall, in force at the commencement of this act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this act.(3) the provisions of this act shall apply to all applications for registration of designs pending at ..... that the all things done under the old act can only be continued to be in force and have effect as if made under the corresponding provision of the new act. the only exception made in section 48 is provided in sub-section (4) which provides that any proceeding pending ..... (2) clearly lays down that it shall continue to be in force and have effect as if done under the corresponding provisions of the new act. this means that registration of the design must continue in force and have effect as a thing done under section 4 of the act. it is, therefore, clear that the intention of parliament is .....
Tag this Judgment!Court : Delhi
Decided on : Jul-23-2003
Reported in : 2003VIIIAD(Delhi)108; 105(2003)DLT987; 2003(71)DRJ732
..... be generally and reasonably for the benefit of the family either by compromising doubtful or disputed rights or by preserving the family property or the peace and security of the family by avoiding litigation or by saving its honour.the agreement may be implied from a long course of dealing, but it is more ..... the cost of construction. defendant nos.2 to 4, being partners of the firm also started intervening and claiming interest in the property. the plaintiff was forced to enter into an unreasonable agreement of construction by defendants on 9.8.1979. however, despite this agreement the defendants failed to complete the building and abandoned ..... , dismissed the application holding that the agreement being compulsorily registerable and having not been registered could not be read in evidence as laid down in section 49 of the registration act. the learned judge referred to minor dorairaj vs . k.kr. karuppiah ambalam and others , : air1970mad119 , nani bai vs . gita bai kom rama gunge , : [1959 .....
Tag this Judgment!