Court : Andhra Pradesh
..... 19(1)(f) and 31(1) of the constitution, and as such the writ petition under article 32 is maintainable. it may be that under the pension act (23 of 1871) there is a bar against a civil court entertaining any suit relating to the matters mentioned therein. that does not stand in the way of writ of ..... disregard of its responsibility and is grossly negligent in exercising all the care of a prudent man which one would expect in management of one's own affairs cannot act to the detriment of the surety. the respondents-corporation being an organisation of the state is under an obligation to follow its regulations and circular instructions. as ..... security for the hba loan. admittedly, in the instant case, the respondents-corporation did not take any steps to proceed against the principal borrower or the security furnished and acted in clear disregard of its own regulations and circular instructions. 13. therefore, withholding the retiral benefits of the petitioner to a tune of rs.1,45,729/- is .....
Tag this Judgment!Court : Andhra Pradesh
1. This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 ( ˜the Code', for brevity) by the unsuccessful plaintiff/appellant is directed against the decree and judgment dated 04.04.2005 of the learned V Additional Senior Civil Judge, (Judge, Fast Track Court) at Vijayawada of Krishna District passed in A.S.No.70 of 2002. The learned Additional Senior Civil Judge while dismissing the said first appeal had confirmed the decree and judgment dated 13.03.2002 passed in O.S.No.928 of 2000 of the learned III Additional Junior Civil Judge, Vijayawada filed for recovery of a sum of Rs.1,00,000/- against the 1st defendant-Andhra Bank and 2nd defendant-United India Insurance Company Limited. 2. I have heard the submissions of the learned counsel for the appellant/plaintiff ( ˜the plaintiff', for short) and the learned Standing Counsel for the respondents 1 and 2/defendants 1 and 2 ( ˜the defendants 1 and 2', for short). 3. At the time of admission of this seco...
Tag this Judgment!Court : Andhra Pradesh
..... goonda within the meaning of section 2(g) of the a.p. prevention of bootleggers, dacoits, drug offenders, goondas, immoral traffic offenders and land grabbers act, 1986 (act no.1 of 1986); his activities were dangerous to forest wealth, and prejudicial to the maintenance of public order; and it was necessary to prevent him ..... activities enough, to pass an order of detention unless there is credible information and cogent reason apparent on the record that the detenu, if enlarged on bail, would act prejudicially. (shashi aggarwal v. state of uttar pradesh (1990) 1 scc 291); kamarunnissa (supra); anand prakash v. state of uttar pradesh (1999) 8 scc ..... 4 scc 370). the satisfaction of the detaining authority, that the detenu must be kept in preventive custody to prevent him from indulging in the aforesaid acts which the detaining authority considered to be prejudicial to public order, is based on information which discloses the far-reaching consequences of destruction of precious forest cover .....
Tag this Judgment!Court : Andhra Pradesh
1. This is an appeal by the unsuccessful petitioners/plaintiffs under Order XLIII Rule (1) of the Code of Civil Procedure, 1908 ( ˜the Code', for short) assailing the orders dated 27.10.2014 of the learned XII Additional District Judge, Vijayawada of Krishna District passed in IA.No.426 of 2014 in OS.No.353 of 2014 filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code to grant a temporary injunction restraining the respondents/defendants, their men and agents from interfering with the plaintiffspeaceful possession and enjoyment of the item nos.1 and 2 of the plaint schedule property. 2. I have heard the submissions of the learned counsel for the appellants/petitioners/plaintiffs ( ˜the plaintiffs', for brevity) and the learned counsel for the respondents/defendants ( ˜the defendants', for brevity). I have perused the material record. 3. The pleadings of the parties that are necessary for consideration in this appeal, in brief, are as follows: 3.1 The...
Tag this Judgment!Court : Andhra Pradesh
..... to transfer the application to the additional district judge.while answering the contention that assumption of the learned judge that he is persona designata under the act and so he cannot make over the proceedings to the courts of coordinate jurisdiction is erroneousraised by the learned counsel for the petitioner therein relying on ..... ), jurisdiction in the two alternatives mentioned above, would lie with the principal district judge, greater mumbai. under the scheme of the provisions of the arbitration act therefore, if the choice is between the high court (in exercise of its ordinary original civil jurisdiction ?) on the one hand, and the principal civil ..... and provisions of section 37 of cpc dealing with the expression courtwhich passed the decree, arbitral awards can be enforced under section 36 of the act by filing eps before the court concerned having pecuniary and territorial jurisdiction limits. to substantiate his submission, learned counsel placed reliance on the decisions of .....
Tag this Judgment!Court : Andhra Pradesh
..... where the site is situate in an area where the area is developed and provided with minimum civic amenities. 14. sub-section 2 of section 184 of ap municipalities act, 1965, reads as follows:- (2) the owner of any land shall, before he utilises, sells, leases, or otherwise disposes of such land or any portion thereof ..... forward for re-development/reconstruction and where all amenities are provided by the municipality. learned counsel further contended that sub-section 2 of section 184 of ap municipalities act, 1965, has no application inasmuch as the sites in question are abutting public streets. learned counsel also relied on the decisions of this court in wp no ..... the petitioners submit that the revised building rules issued in go ms.no.678, dated 07-09-2007 framed invoking powers under section 585 of the hyderabad municipal corporations act, 1955, does not empower the respondents to collect 10% open space charges. it is also contended that under circular memo roc.no.3029/2005/r1, dated 14 .....
Tag this Judgment!Court : Andhra Pradesh
..... are prejudicial to public order ?; detention, on the ground that activities of the detenu are prejudicial to law and order ?, is impermissible under the 1986 act; the detaining authority has used both the expressions law and order and public order in recording his satisfaction; the satisfaction of the detaining authority, ..... be fulfilled, and the exercise of power would be illegal. (khudiram das (supra).subjective satisfaction notwithstanding, the detaining authority must exercise due care and caution and act fairly and justly in exercising the power of detention. (khudiram das (supra); bhut nath mete (supra). if there be found in the statute, expressly or ..... saha (supra). preventive detention, an anticipatory measure, is resorted to when the executive is convinced that such detention is necessary to prevent the person detained from acting in a manner prejudicial to certain objects which are specified by the law. (c. anita (supra). in preventive detention no offence is proved, and the .....
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..... company limited) is holding 1 share (0.004% shareholding). that upon this scheme being effective, the transferee company shall without any further application, act, instrument or deed, issue and allot to the shareholders of the transferor company (except to the transferee company and its nominee shareholder) a total of 4 ..... , non-commercial crops etc. 4. in company petition no.193 of 2015, the petitioner transferee company averred that it was originally incorporated under the act on 20.05.2005 as maytas rajeshwari development private limited; that its name was further changed as maytas hill country private limited on 28.12.2005, as ..... other lands, properties and to plant grow, cultivate, produce, raise, process, store, grind, clean, mix, grade, polish, can, import, export, buy, sell warehouse, and to act as an agent, broker, stockiest, indenter, consignor, merchant, farmer, or otherwise to deal in all types of seeds, grains, vegetables, foods, cereals, herbals, flowers, fruits, edibles .....
Tag this Judgment!Court : Andhra Pradesh
..... courts have taken note of the realities of the situation. 29. in scottish coop. wholesale society ltd. v. meyer10, a case under section 210 of the companies act, 1948, viscount simonds has quoted with approval the following observations of lord president cooper: "in my view, the section warrants the court in looking at the business ..... not mean that the earlier experience of one of the partners of the firm cannot be taken into consideration. similarly, a company incorporated under the companies act having past experience may undergo reorganisation as a result of merger or amalgamation with another company which may have no such past experience and the tender is ..... entity separate and distinct from its shareholders with its own legal rights and obligations. it seeks to disregard the separate personality of the company and attribute the acts of the company to those who are allegedly in direct control of its operation. the starting point of this doctrine was discussed in the celebrated case of .....
Tag this Judgment!Court : Andhra Pradesh
..... be made on the basis of the report of the advisory board,." in view of these observations, it is quite clear what the scheme of the act is. the act authorises a possible detention of more than three months; the order of detention is therefore referred to the advisory board, and it is only when the ..... of police has clearly brought out the activities indulged in regularly by the detenue, which make him fall within the meaning of goonda as defined in the act. the basis for forming subjective satisfaction by the commissioner of police has been indicated that the detenu was committing one offence or the other contained in chapter xvii ..... bootleggers, dacoits, drug-offenders, goondas, immoral traffic offenders and land grabbers indulging in dangerous activities prejudicial to the maintenance of public order, the state legislature enacted the act. section 2 (g) defined the expression goonda in the following words. goondameans a person, who either by himself or as a member of or leader of a gang .....
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