Court : Andhra Pradesh
..... appearing as an agent. sub-rule (2) thereof empowered the judge to record, in writing, that the agent is permitted to appear and act on behalf of the party. in the instant case, that is what exactly has been done by the civil court. therefore, no exception ..... the arbitral award has been received by a party, its right to get the same set aside under section 34 of the 1996 act gets exhausted. in other words, the arbitral award can get enforced any time after lapse of four months from the date the ..... a decree of the court. it will also be appropriate, in this context, to notice that under section 34 of the 1996 act, the time limit prescribed for seeking to set aside the arbitral award is not later than three months from the date on which ..... it has been instituted in the name of the society and the combined reading of sections 7, 8 and 9 of the aforesaid act render the said proceedings as instituted as a legally valid exercise. it will also be appropriate to notice the provisions contained in order .....
Tag this Judgment!Court : Andhra Pradesh
..... high court held that the grant of an easement does not involve such a transfer of ownership in immovable properties as is contemplated by section 54 of the tp act and hence, the said document does not require registration. in the cited decision, the decision in bhagwan sahai v. narasingh sahiah [(1909) 31 all.612 ..... implements, but no right is created in the immovable property comprised in the passage. therefore, the provisions of the indian registration act, which require compulsory registration, are not applicable to the document in question. the trial court did not properly appreciate the nature of the transaction encompassed in ..... court in hamir ram's case, which is inapplicable. the document in question is not registerable much less compulsorily registerable under section 17 of the registration act as under the said document only permission is given to the plaintiff to use the passage for tractors, bullock carts, cattle and for carrying on agricultural .....
Tag this Judgment!Court : Andhra Pradesh
..... filing the suit, if so whether plaintiff is entitled for relief of specific performance? 2) whether ex.a.1 is admissible in evidence as per the stamp act and registration act? 3) whether time is essence of contract? 5. during trial, pw.1 was examined and exs.a.1 to a.9 were marked on behalf of ..... required taxes including the income tax. this section says that registration of the document does not affects recovery of any existing liability under any of the tax recovery acts. so, the importance of this certificate cannot be ignored because even if the property was registered by chance without production of said certificate, the tax collecting ..... attachments etc. in that view of the matter, it appears the plaintiff sought for income tax clearance certificate from the defendants. under section 230a of income tax act where conveyance of a property worth more than rs.5 lakhs is effected, the registering officer shall not register the document unless the assessing officer certifies that the .....
Tag this Judgment!Court : Andhra Pradesh
..... in cable corporation of india limited (supra) is also a case arising under order vii rule 14 of cpc. but, since it was a case arising out of the companies act, 1956, the court took a liberal view of the matter and allowed the applications. in k.k.velusamy's case (supra), a two judge bench of the supreme court considered .....
Tag this Judgment!Court : Andhra Pradesh
..... the common course of natural events, the communication would have been delivered at the address of the addressee. the presumption that is raised under section 27 of the act of 1897 is a far stronger presumption. in ravi raghuramayya vs. koneru rama tulasamma (2004 (4) alt 526), this court while deciding the question about validity ..... relevant. in well established offices or firms, books are kept or business is conducted on such settled lines and principles that when the doing of a particular act comes in question, it may be reasonably inferred that the uniformity of the general course was followed in the particular case. when the course of business usually followed ..... 14. post office marks prima facie evidence of certain facts denoted: in every proceeding for the recovery of any postage or other sum alleged to be due under this act in respect of postal article (a) the production of the postal article, having thereon the official mark of the post office denoting that the article has been .....
Tag this Judgment!Court : Andhra Pradesh
..... plaintiff was established as a non-governmental organization by a philanthropist from belgium by name prof. fr. m.a. windey and it was got registered under the societies registration act, 1860 bearing registration no. 101 of 1971. it has, as its principal objective, to secure overall development of poor people without any barriers like caste, creed, colour, ..... record of rights shall be presumed to be true until the contrary is proved or until it is otherwise amended in accordance with the provisions of the said act. it will also be important to notice that for the purpose of making a record of rights, the competent authority/appellate authority/revisional authority exercises the same ..... . we affirm this finding of the civil court as it is in accord with the principles enshrined behind sections 61, 62 and 91 of the indian evidence act. so far as the defence of the defendants that the suit schedule land has been acquired only for purposes of allotting to them by the plaintiff organization is .....
Tag this Judgment!Court : Andhra Pradesh
..... the wakf property always remains the same notwithstanding anything or anybody claiming or disputing the nature of the property. if the property is notified under 1954 act or 1995 act as wakf property, it is conclusive evidence of being so unless and until it is declared otherwise by a court or statutory tribunal, in accordance ..... wakf. any dedication of movable or immovable property for pious, religious or charitable purposes shall be wakf. a property by user is also a wakf. both the acts (1954 and 1995) contain similar provisions for the survey and notifying the wakfs. while considering whether any property is wakf, one can visualise three distinct categories. ..... person in his lifetime, may amount to forgery. [note: the words `digital signature' wherever it occurs were substituted by the words `electronic signature' by amendment act 10 of 2009]. 13. the condition precedent for an offence under sections 467 and 471 is forgery. the condition precedent for forgery is making a false document .....
Tag this Judgment!Court : Andhra Pradesh
..... fortify his stand that the petitioners ought to have approached the debts recovery tribunal as an efficacious alternative remedy is available to them under section 17 of the sarfaesi act, and, therefore, the instant writ petitions are not maintainable. 22. learned counsel for the petitioners, on the other hand, relied on the decision in ikbal's ..... to the date of auction so far as auction of immovable properties are concerned and, therefore, the petitioners secured the information by making an application under the rti act and came to know that only the auction purchaser had participated in the auction and became successful bidder and though, the auction purchaser was supposed to deposit ..... done by the auction purchaser within fifteen (15) days and the bank taking shelter under certain alleged cases filed by them (petitioners), tries to justify its acts. it is according to them that except the interim order of this court in w.p. no.7462 of 2015, filed by sridhar enterprises against auction of .....
Tag this Judgment!Court : Andhra Pradesh
..... their addresses, description, occupation, etc. the duty is cast on the registrar of the society to satisfy himself that the ingredients stated in section 4 of the act are contained at the time of registration. in other words, when the society is registered, the information furnished at the time of registration is required to be maintained ..... that can be furnished by a party as there is no specific provision delineating any specific duty on the registrar. further, there is no indication in the act about the functions that are required to be discharged by the registrar as even the dispute resolution is also entrusted to other authorities. however, to answer query ..... 11 supreme court cases 23). having perused the record and having considered the rival submissions, the question which falls for consideration is that under section 9 of the act in a given case, whether the registrar has power, authority or discretion not to accept the list submitted by a party to register the same and take on .....
Tag this Judgment!Court : Andhra Pradesh
..... of accused to kill the deceased. the trial court further observed that while going inside the house and bringing knife a1 had sufficient time to desist from the dangerous act which he intended, but he did not stop and hence the intention was manifest. 20. on a careful analysis of facts, evidence and finding of the trial ..... occurred without any premeditation and sudden fight upon a sudden quarrel and injuries were inflicted in the heat of passion and without the appellant taking any undue advantage or acting in a cruel or unusual manner. the apex court held that facts attracted exception 4 to section 300 ipc and accordingly convicted the accused under section 304 ipc. ..... appellant had any motive to cause death or intend to cause such bodily injury which was sufficient in the ordinary course to cause his death and further the act was done on the spur of moment during heated exchange of words and accordingly held that accused was guilty of culpable homicide not amounting to murder under section .....
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