Court : Andhra Pradesh
Reported in : [1967]20STC73(AP)
..... reach the conclusion that the petitioner was wilfully withholding payment of the arrears or was guilty of fraudulent conduct in order to evade payment. this contention is devoid of force. as noticed supra, as soon as the books of the petitioner were seized, the petitioner went about selling his properties at kosgi to his near relations and what ..... of debtors....12. in construing that section, the learned judges observed that the scheme of section 13 of that act clearly is that the collector should first proceed against so much of the property of the ..... . section 13 of the bombay act, so far as is material, reads as follows : if the sale of the defaulter's property shall not produce satisfaction of the demand, it shall be lawful for the collector to cause him to be apprehended and confined in the civil jail under the rules in force at the presidency for the confinement .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1970AP204
..... debts does not exceed rs. 15,000/- also states that this liability of debts must be determined as 'on the date of the application (under section 4 of the act). section 16 forces us to the same conclusion. if no application is filed under section 4 for which time is prescribed the debt would be deemed to have been extinguished.34. section ..... rate of interest which quite often range between 25 to 70 per cent and were also relieved from the yoke of the money-lenders who were advancing money on personal security of the agriculturist and on the implied understanding to sell the produce to the leader who was often a middle man. if these steps taken are borne in mind. ..... the value of all the property of the debtor.21. keeping in view the said paying capacity of the debtor, section 31 directs the scaling down of the debts whether secured. unsecured or composite.22. after the debts are thus scaled down, the court is directed to make an award under section 32 and to prepare a scheme for adjustment of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP118
..... and then regularly appoint respondents 3 to 30. that will not only be fair and reasonable, but would not only be fair and reassnalbe, but would end stability and security to the petitioner as well as to respondents 3 to 30 in their services. with this observation., we dismiss the writ petitions but without costs, advocate's fee ..... of business of the government and in the rules of procedure of the legislative assembly of the state and for any special responsibility of the governor in order to secure the proper functioning of the regional committee.25. in pursuance of the said article the andhra pradesh regional committee order, 1958 was made by the president.26. under ..... down of section 3 by the supreme court, it was assumed that the mulki rules continued as valid law till they were repealed by the public employment act which came into force on 21-3-1959. the present argument, however, implies that mulki rules had not survived on the day when they were repealed by the public employment .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1973AP342
..... contract have been reduced to the form of a promissory note, for the promissory note is only treated as conditional payment or executed by way of collateral security and hence section 91 of the evidence act does not come in the way and it is always open to the promise to sue upon the original cause of action, namely, the advancing of ..... did not contain all the terms. the passing of the consideration under the note cannot be proved otherwise and no claim can be based on it. therefore there is no force in the contention that if all the terms are not contained in the document the party can sue on the original consideration.102. it is only in cases where there ..... no circumvention of the provisions of section 91 of the evidence art or of sec. 35 of the stamp act. as the action is based upon the advantage received by the defendant and not on the promissory note. though there is considerable force in the contention that the present case is similar to the case considered by the supreme court, i am .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1975CriLJ754
..... innumerable incident wherein both the groups were involved. criminal cases were filed against both. in 1966 additional police force was stationed and the cost therefor was collected from both the parties. again in 1970 there were security proceedings against the other faction. this court noticed in criminal appeals nos. 26 and 27 of 1969 ( ..... turned towards the reddies in the 1967 general elections and some reddies join-ed the kammas, bearing grudge towards bhattaraju community, the kammas were indulging in acts of lawlessness and violence, but the reddi community could not come out and support bhattarajus since they became passive. this statement appears to be inherently ..... any representations to him. the government had powers to exempt any person from paying the tax, if he was not responsible for violent activities. the act does not contemplate that all the inhabitants should be made liable to pay the punitive tax. since the enquiry disclosed that eighty-two persons were responsible .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1977CriLJ1060
..... andh pra), where it was held that the court was prevented from looking at the ground of detention by reason of section 16-a (9) of the maintenance of internal security act it was held in that decision that the court could not make a guess as to what those grounds may be and proceed to consider the. validity of detention on ..... . krishna rao, j.) 1. the first petitioner in w.p. no. 5527/75 was arrested on 25-6-1975 and detained under the provisions of the maintenance of internal security act (referred to in the judgment as misa). similarly the other petitioners in this petition and the petitioners in w.p. nos. 5676 and 6125 of 1975 were also arrested on ..... operation of sections 8 to 12 is suspended, but section 3 remains in force. when the essential requisite of section 3 is that the government must be satisfied that the detention is necessary with a view to prevent the detenu from acting in any manner prejudicial to the security of the state or maintenance of pubbo order etc. the right of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1977]110ITR263(AP)
..... (sc) . mr. kaji, the learned advocate on behalf oi the revenue, therefore, attempted to persuade us that the exception in section 2(m) of the wealth-tax act indicates that debts even though secured would go to increase the aggregate value of the debts and not reduce the aggregate value of the assets. we are of the opinion that mr. kaji has ..... 1 of the u. k. finance act, 1894 (57 & 58 vict. c. 30). section 44 of the act corresponds to section 7(1) of the u. k. finance act, 1894. the language of section 44 of the act and of section 7(1) of the u. k. finance act, 1894, are identical. although estate duty has been in force in the united kingdom since 1894, it ..... was never contended under the said act that estate duty is liable tto be deducted in determining the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1983]53CompCas269(AP)
..... expounded by emphasising the interest of plaintiff rather than the worry of the defendant. the problem shall have to be subjected not to individualistic approach but to social security advocated by socialogical jurisprudence. vii. motor accidents problem is a social problem. it has become a national problem. it affects the whole population. the accident ..... the inherent nature of the situation. remedies suggested for removing this dissatisfaction have been of various kinds,--extension of common law liability, insurance for liability, and social security,--or variants or combination of one or more of these three.3. as the brief survey given below will show, economic distress resulting from the present gaps ..... to be driven in any public place at a speed exceeding the maximum speed fixed for the vehicle by or under this act or by or under any law for the time being in force : provided that such maximum speed shall in no case exceed the maximum fixed for the vehicle in the eighth schedule. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1983CriLJ1810
..... omer alias zafar pahalwan shall be detained.now, therefore, in exercise of the powers conferred upon me by sub-section (3) of section 3 of the national security act, 1980 central act no. 65 of 1980 read with order of the government of andhra pradesh issued in g. 0. ms. no. 321 general administration genl. a dept. dated ..... fear of being subjected to similar attacks. that single incident had such far-reaching effect as to requisition extra three platoons of the andhra pradesh special armed police force to restore confidence in the public. mr. abdul khair siddique, learned counsel for the petitioner, contended that a single incident could not be held sufficient to hold ..... public tranquillity and public order.14. in sriram saha v. state of west bengal : 1972crilj1002 a single incident of attack on the members of the railway protection force by the detenu was held to be sufficient indication of the disturbance of public order and tranquillity. that was a case where the detenu and his associates had .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(2)ALT203
..... of counting of votes. he specifically stated in his evidence:'it is not true to suggest that i got only 723 votes and the petitioner (defeated candidate) secured 727 and that the election officer illegally declared me as elected to the post of president.... it is not correct that r.3 (election officer) illegally rejected ..... seal of the society or signature of the presiding officer on them. the will of the majority of the electors reflected in the majority of the votes secured by the returned candidate should not be scuttled on the ground of the aforesaid technicality for which the returned candidate was in no way responsible; a technical ..... the consequences that flow from the absence of recrimination petition, observed:'although the above observations were made in a case under the people act, but the principle enunciated therein applies with greater force to the problem in hand. if the failure to comply strictly with the requirements of a statutory provision as to recrimination, precludes the .....
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