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Owners of Ship Tiong Yung Vs. Shaw Wallace and Co. Ltd. and anr.

Court : Andhra Pradesh

Reported in : AIR1988AP331

..... dictator, 1892 lpd 304 and the geema, 1899 lpd 285 and contended that the right to proceed against a sister ship in an action in rem under the admiralty jurisdiction in england has been recognised, sin@e ages and the administration of justice act, 1956, does not confer this right for the first time. ..... by virtue of any statute or otherwise, and the colonial court of admiralty may exercise such jurisdiction in like manner and to as full an extent as the high court in england, and shall have the same regard as that court to international law and the comity of nations'. ..... it is not permissible for the courts in india to rely upon the statutory provisions in england made after 1890, as they have not been made a part of the statutory law of ..... from a survey of the statutory provisions and deemed casses in england as in '1,890, it can be seen that only claims against the offending ships were included in the action in rem ..... also referred to certain passages from the first volume of halsbury's laws of england (iv edition) in support of his contention that such an notion was not maintainable in england in 1890, vide paragraphs 305, 306, 310. ..... section 1 of the administration of justice act, 1956 in england specifies the various claims, which can be entertained by the court under ..... the admiralty jurisdiction of the high court in england in civil matters in 1890 included claims, against foreign ships of the foreign owners or charterers and respect of the necessaries supplied to the ship while in .....

Karanam Bala Rama Krishna Murthy Vs. Gottipati Hanumantha Rao, Ministe ...

Court : Andhra Pradesh

Reported in : 1996(2)ALT799

..... plenary courts or the courts of plenary power under the constitution of india or the superior courts, as they are called, however are not bound by the inhibitions created either by the judicial pronouncements or the conventions of the courts of england and in determining the issue as to how one assumed or usurp the office, treat a petition not confined to the relief by a writ in the nature of quo-warranto but to any such relief which on the fact situation ..... . of late, even courts in england who kept the prerogatives confined in jackets prepared for them have accepted that there is no room of confinement of the cause to the relief which is sought for and certiorari, if necessary, in lieu of quo-warranto or even a mandamus .....

Rakesh Gupta and Others, Etc. Vs. Hyderabad Stock Exchange Ltd. and Ot ...

Court : Andhra Pradesh

Reported in : AIR1996AP413; 1996(2)ALT757; [1999]96CompCas645b(AP)

..... indicates and so can affect any person even a private individual and be available for any other purpose, even one for which another remedy may exist; 2) strictly speaking, the inhibitions recognised by the courts in england upon the powers of the courts to issue prerogative writs do not operate in india except as self-imposed restrictions by the courts themselves; (3) wise and clear restraints on the use of extraordinary remedy have ..... to warn ourselves against readily referring to english cases on questions of constitutional law, administrative law and public law as the law in india in these branches has forged ahead of the laws in england, guided as we are by our constitution and uninhibited as we are by the technical rules which have hampered the development of the english law ..... constitution with that of the english courts to issue prerogative writs is to introduce the unnecessary procedural restrictions grown over the years in a comparatively small country like england with a unitary form of government into a vast country like india functioning under a federal structure ..... of the prerogatives, in particular the courts in india have adopted the rules of prudence, which courts in england applied to themselves, although in terms for the use of art ..... writs in the nature of prerogative writs as understood in england; but the use of the expression 'nature', for the said expression doss not equate the writs that can be issued in india with those in england, but only draws an analogy from them .....

In Re: S. Seshagirirao

Court : Andhra Pradesh

Reported in : AIR1966AP137; 1966CriLJ512

..... . consequently, they had a power, right, jurisdiction and authority which was available to courts in england in english law in the matter of regulating its practice and procedure subject to the two restrictions mentioned in section 9 of charter act of 1861. 25 ..... . the powers of the courts in england, including the king's bench, in this matter are stated in halsbury's laws of england, simonds edition (volume ix) at page 344 as follows: '811 ..... may be, subject to, or dependent upon, the government of madras aforesaid; and to have such jurisdiction and authority as our justices of our court of king's bench have, and may lawfully exercise, within that part of great britain called england, as far as circumstances will admit ..... . the king's bench in england had inherent power to regulate its own procedure so as not to be inconsistent with rules laid down by the statute or adopted by ancient usage (halsbury's laws of england, vol. 1, p ..... . the madras supreme court had power to frame rules to regulate its own procedure similar to court of king's bench as mentioned in halsbury's laws of england ..... . under section 8 of that charter, that court had jurisdiction, authority and power to the same extent as justices of the court of king's bench in england .....

Bukke Hima Bindu Vs. State of A.P. rep. by Chief Secretary, GAD (LandO ...

Court : Andhra Pradesh

..... " so far as this ground is concerned', the courts in the united states have gone much further than courts in england or in this country. ..... but in england and in india, the courts stop-short at merely inquiring whether the grounds on which the authority has reached its subjective satisfaction are such that any reasonable person could possibly arrive at such satisfaction. .....

S. Purushotham Vs. District Collector, Karimnagar and Others

Court : Andhra Pradesh

Reported in : 2000(1)ALD108

..... officer, special circle, kanpur, : [1965]57itr349(sc) , this court point out that article 226 is designedly couched in a wide language in order not to confine the power conferred by it only to the power to issue prerogative writs as understood in england, such wide language being used to enable the high courts 'to reach injustice wherever it is found' and 'to mould the reliefs to meet the peculiar and complicated requirements of this country' in hochtief common v. ..... minister for agriculture, fisheries and food, (1968 ac 997) and the statemnt of taw as enunciated in halsbury's laws of england (4th edition, vol.1, para 89), the hon'ble supreme court laid down as follows:'....there is thus no doubt that the high courts in india exercising their jurisdiction under article 226 have the power to issue a ..... state of orissa, : (1975)iillj418sc , this court held that the powers of the courts in england as regards the control which the judiciary has over the executive indicate the minimum limit to which the courts in this country would be prepared to go in considering the validity of orders passed by the government or its officers.'16. .....

P. Satyanarayana Through His Wife P. Mahalakshmi Vs. I. Babu Rajendra ...

Court : Andhra Pradesh

Reported in : I(1988)ACC510

..... and canadian approaches to these fundamental concepts in cases of unconscious plaintiffs are very unsympathetic to victims in that they apply the subjective or utility or 'functional'approach not merely to the award for 'pain and suffering'(as in england) but even to the award for 'loss of expectation of life' and 'loss of amenities of life', the majorityof the australia high court in skelton v. ..... camden and islington area health authority 1980 acj 486 (hl, england), (again relating to an unconscious plaintiff) lord scarman has reiterated that the award towards 'pain and suffering' 'depended upon the plaintiffs' 'personal awareness of pain, her capacity for suffering ..... 1958-65 acj 208 (ca, england), was decided, higher awards were being made in england for non-pecuniary damages. ..... loss of one eye: the standard in england and scotland in 1983-84 was 11,000. ..... after walker's case (supra), courts in england are carefully adjusting awards for 'pain and suffering' and 'loss of amenities' to keep pace with inflation.delay in commencing trial and ..... in fletcher's case 1969 acj 99 (ca, england) and there also being no difficulty in shifting claims under one head of damage to another--whether pecuniary or non-pecuniary or for any sub-head--as long as the total claim is not exceeded vide babu mansa's ..... shephard 1953-65 acj 504 (hl, england), (both being cases of unconscious plaintiffs), the majority of the house of lords extended the 'objective' method to the estimation of damages for 'loss of .....

Rambhotla Ramanna by Power of Attorney Holder, Vs. Government of Andhr ...

Court : Andhra Pradesh

Reported in : AIR1971AP196

..... 'again at page 641 the lord chancellor observed:'the practice in scotland, as in england, may have varies, but the approved practice in both countries is to treat a ministerial objection. ..... 510 and 511 (para 39):'the result of these decisions is that in england a valid certificate issued by the minister in support of the privilege claimed is conclusive; while in scotland, though it would normally be treated as such, courts reserve to themselves as inherent right to revise or review the certificate in a proper case.'26. ..... the trend on the development of law in england, as may be seen from the latest case in (1968) 1 all er 874 on the point is that courts have the inherent power to inspect the documents and override the certificate of a head of a department or a minister concerned and to see ..... the common and statute laws of england before 1726, were introduced in the presidency towns by the charter of 1726. ..... that is a prerogative of the crown part of the law of england, and we must administer it as we find it. ..... in the words of blackstone, (blackstone commentaries on the laws of england, vol. ..... 'ultimately, this is how their lordships summed up the result of the decisions of the england courts at pp. .....

Maloth Thiripi and ors. Vs. Maloth Rukmini and ors.

Court : Andhra Pradesh

Reported in : 2006(2)ALT650

ordera. gopal reddy, j.c.r.p. nos. 1396, 1397, 2915, 3189, 3520, 4597, 4615, 4877, 4948, 4949, 5013, 5696, 5697, 5698, 5699, 5700 and 6225 of 2003; c.r.p. nos. 360, 500, 1512, 2766, 2972, 3784, 3868, 4212, 4752 and 4981 of 2004 and c.m.as. no. 4127 and 4621 of 2004, c.r.p. no. 5252 of 2002.1. since the issue that arises for consideration in all these civil revision petitions is one and the same, they are disposed of through a common order.2. the controversy involved in all the revision petitions turns around the true interpretation of g.o.ms. no. 406, home (courts. a) department, dated 27-6-1990. the brief facts, which necessitated to issue the said g.o., are as under:the state government enacted the a.p. scheduled areas land transfer regulation, 1 of 1959 (for short 'the regulation'), as amended by regulation 1 of 1970, to protect the rights of the scheduled tribes in the agency areas. the transfer of immovable properties by a member of the scheduled tribe, without the previous sanction of the competent authority, is prohibited and any such transfer is treated as null and void. the properties in the agency tracts, owned by a member of scheduled tribe, are not liable to be sold or attached in execution of any money decrees. regulation 3 was amended by regulation 1 of 1970, wherein the transfer of immovable properties between the non-tribal was also prohibited. any suit against the member of the scheduled tribe, after the commencement of the regulation, should be instituted .....

Mahalakshmi Rice and Oil Mill Vs. Commissioner of Income-tax, Andhra P ...

Court : Andhra Pradesh

Reported in : [1965]55ITR462(AP)

..... act is not in pari materia with the british income-tax statutes, it is less elaborate in many ways, subject to fewer refinements and in arrangement and language in differs greatly from the provisions with which the courts in england have had to deal. ..... little help can therefore be gained by attempting to construe the indian income-tax act in the light of decisions bearing upon the meaning of the income-tax legislation in england. ..... vazir sultan & sons cautioning the courts in india when relying on decisions given in england. .....