Court : Karnataka
Reported in : AIR2008Kant14; ILR2007KAR4362; 2008(3)KarLJ106
..... 209, 1st main road, seshadripuram, bangalore, are not regulated and/or covered by securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 ['securitisation act' for short] and consequently the writ of certiorari for quashing the first respondent's communication, dated 8th december, 2005 (annexure-d), which calls upon the petitioner to ..... reported in : [1993]199itr530(sc) , the constitution bench of the hon'ble supreme court dealing with the validity of the provisions of section 269ue(1) of the it act, has held that the said provisions are to be read down without the expression 'free from all encumbrances'; the resultant position is that the property of pre-emptive ..... in the wake of the afore-extracted judgment of the hon'ble supreme court, the provisions of section 269ue of the it act were retrospectively amended so as to replace the words 'free from all encumbrances' by the words 'in terms of the agreement for transfer referred to ..... if the lease is not a valid lease within the meaning of the opening words of section 106 of the transfer of property act and in the wake of non-registration of the lease agreement, it can only be said that the lease is terminable without issuing the advance notice ..... dichotomy between symbolic and actual possession does not find place in the scheme of the npa act read with the 2002 rulese) sri ramasubramanyam also relied upon a division bench judgment of delhi high court in the case of sri sanjeev bansal v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1990CriLJ1641
..... brothers case : [1975]1scr394 (supra) the same question had arisen in relation to the appellate jurisdiction when an amendment to the west bengal premises rent control (temporary provisions) act, 1950, was made and the decree of the appellate court was suitably modified taking the aid of the amendment. ..... prescription of limitation being a procedural law, the parliament, by an ordinary law under the act, is entitled to regulate the procedure to initiate the action for contempt of the high court and supreme court and a as a facet thereof, prescribed the limitation of one year under ..... the legislature is also aware of the existence of the limitations provided in the limitation act, 1963 and also in the code of criminal procedure regarding laying of prosecution for offences mentioned in chapter 36. (11) ..... it was also held that the limitation provided under the limitation act, 1963 or in chapter 36 of code of criminal procedure, 1973, is unavailable to compute the ..... it was held that the preamble of the act itself indicated the prescription of limitation on the power of the court to punish for contempt of courts and to regulate the procedure in ..... contempt of courts act (act 70 of 1971), for short, 'the act'. (3) s. ..... situation, in my respectful view, it is the learned single judge that can take cognizance of the proceedings for contempt and take further steps as provided under the act and the rules. ..... 182(2) of the limitation act, 1908, encompasses within its ambit both revisional as well .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP653
..... agrees to deliver grain or any other kind of agricultural produce to another;' section 2 (18)-defines a promissory note in the following words: ' 'promissory note' means a promissory note as defined in the hyderabad negotiable instruments act, and it also includes a writing promising the payment of any sum of money out of any particular fund which may or may not be available for payment or upon any condition or contingency which may or may not ..... ordinarily disputes between partners inter se are decided in a suit for dissolution of partnership and for accounts, there is nothing in law in special circumstances to prevent a partner acting in a different capacity to sue some of his partners for such relief as he is entitled to as flowing from that different capacity unconnected with his capacity as a partner ..... at the rate of 6 per cent per annum, alleging that in respect of mutual dealings between him and the defendant (appellant) accounts were made up and there was a settlement on 20-7-1953 of the said mutual dealings and the defendant was found due to the plaintiff in a sum of rs. ..... 1953 and there is another entry in the said rokhad (d-2) dated 16-5-1953 ..... 1953 and the last entry in this account book is p-2(f) in the name of the respondent dated 16-5-1953 ..... july 1953, ashada ..... is dated 16-5-1953 and is ..... the name of the respondent dated 18-4-1953 for rs. ..... of the respondent dated 24-3-1953 for rs. 55-11-0. ..... name of the respondent dated 24-3-1953 for rs. ..... name of the respondent dated 15-3-1953 for rs. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(3)ALD52; 1999(2)ALT776
..... the medical council of india is entitled to make regulations with the previous sanction of the central government to carry out the purpose of the indian medical council act, 1956 (for short 'the act'), the council in purported exercise of the power conferred under section 33 of the said act is authorised to frame regulations provided for the course and period of study and of practical training to be undertaken, the subjects of examination and the standards of proficiency therein to be obtained, in ..... the period of 4-1/2 years is divided into three phases as follows : (a) phase 1 (two semesters) - consisting of pre-clinical subjects (human anatomy, physiology including bio-physics, bio-chemistiy and introduction to community medicine including humanities. ..... held by the apex court in medical council of india's case (supra) the regulations framed under section 33 of the act with the previous sanction of the central government are statutory in nature and will have statutory force. ..... 60 hours for introduction to community medicine including humanities, rest of the time shall be somewhat equally divided between anatomy and physiology plus bio-chemistry combined (physiology 2/3 and biochemistry 1/3). (b) ........................................ (c) ........................................ ..... prevails over any state enactment to the extent the state enactment is repugnant to the provisions of the act even though the state acts may be relatable to entry 25 or 26 of list iii (concurrent list). .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(4)ALT385; (1998)IIILLJ877AP
..... epfact applies identically to action taken under theact and hence it has to be held that absence of aspecific provision of limitation for initiation ofthe revenue recovery proceedings does not vestthe authorities under the act to initiate such actionafter lapse of any length of time and that the powerhas to be exercised within a reasonable time thoughwhat is reasonable period in any particular casewould vary from facts to facts. ..... -235) (sc) where the meaning of the words 'shop' was examined in detail and the court adopted the approach that 'while construing a welfare legislation like the act and the notification issued thereunder a liberal construction should be placed on their provisions so that the purpose of the legislation may be allowed to be achieved rather than frustrated ..... it is applicable to any application under any law, but the application has to be made to a court for the reasons that sections 4 and 5 of the 1963 limitation act speak of expiry of prescribed period when a court is closed and extension of prescribed period if applicant or appellant satisfies the court that he had sufficient cause for not preferring the appeal or making ..... court is a civil court and article137 would apply to the applications made to itdoes not arise in this case to decide though section78 of the act vests, for the purposes stated therein,all the powers of the civil court and deems it tobe a civil court within the meaning of section195 and chapter 26 of the criminal procedurecode, as, at .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(4)ALD19; 2004(4)ALT743
..... estate abolition tribunal dated 9-3-1990 wherein the tribunal having held that the petitioners therein, for brevity referred as maintenance holders, are entitled for ryotwari patta under section 47(2) of the madras estates abolition act for larger extents restricted the final decree for an extent of ac.134-86 cts of agricultural land which is in possession of the court receiver under orders of this court dated 12-12-1974 in s.t.a.13/1974 ..... subsequently, the maintenance holders filed applications under section 45 of the estate abolition act (hereinafter to referred to as the act) before the tribunal for fixation of compensation towards their maintenance claim and for grant of ryotwari pattas under section 47 of the act to the extent of their share in the private lands of the principal estate holder for which pattas were granted. ..... they seemed to have filed application for appointment of advocate- receiver to take possession of the property and to manage the property till execution proceedings are disposed by contending that the principal land holders are resorting to acts of waste and were alienating the lands that are going to be allotted to the maintenance holders. ..... coming to the next contention we have no hesitation to reject as the provisions of land ceiling act will be applied only after physical possession of the lands was taken over by the maintenance holders and in the event of their being found to be surplus holders, they are at liberty to retain their land of their choice .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALD165
..... 180 of 1980, dated 6.5.1981, the notification dated 24.2.1981 issued under section 4(1) of la act, the notification dated 26.7.1989 issued under section 4(1) of la act and the orders of this court in writ proceedings challenging these notifications prima facie show that at least from 1950 onwards ownership to the property has been claimed by the petitioner or his predecessors.11 ..... taking this court through the earlier orders of various courts and the notifications under la act as well as tslr extract, learned senior counsel, sri challa seetharamaiah, submits that when there is clinching evidence to support the ownership and title of the petitioner to the schedule property, erection of the board by the respondents ..... subsequently said writ petition was dismissed on 15.4.1993 observing the land acquisition officer may conduct enquiry under section 5(1) of la act and determine whether the proceedings should be dropped or not. ..... in 1981, government issued notification under section 4(1) of the land acquisition act, 1894 (the la act, for brevity) proposing to acquire the premises. ..... appellants 2 to 4 to consider initiating appropriate proceedings against p.ws.6, 21, 26, 30 and 32 who deposed at the court martial that they had signed or prepared official record on the oral directions of the respondent without verifying the correctness thereof, which act of their was in dereliction of duties. ..... that as it is, government issued yet another notification under section 4(1) of la act on 26.7.1989. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD(Cri)447; 2000(4)ALT687; 2000CriLJ4433
..... reading of the pleadings of the representation and the above extracts of the representation would only reveal that the intention of the detenu was certainly not to make an application under section 15 of the act but only amounts to reagitation of the original issue of his detention without agreeing with the original order of detention and, therefore, it cannot be said that he was only seeking the orders that ..... of the respondents gives a clear impression that in the event of a representation being made under section 15 of the act, delay, if any, cannot be treated as fatal and is not violative of the rights guaranteed under article 22(5) of ..... for relief of modification which also is permissible under section 14 of the act, particularly in the light of the language expressing the grievance in the said representation and we further hold that the words ' under section .15 of the above said act' shall not be used against the detenu with regard to his real intention ..... on the contrary, the emphasis appears to be that since the representation is made under section 15 of the act, the question of delay docs not arise and the second respondent/government is at liberty to pass orders on such representations at any time with ..... of the first respondent/district collector on behalf of the other respondents appears that the detenu made a representation only for temporary release under section 15 of the act and if any delay in disposing of the representation does not vitiate the order of detention. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD517; 2005(6)ALT718
..... chatapalli nadipi subbarayudu, the writ petitioner, filed the present writ petition praying for calling of records relating to the notification bearing rc.no.l/89/96 dated 25-3-1996 issued by the 1st respondent under section 4(1) of the land acquisition act published in the kurnool district gazette extraordinary dated 30-3-1996 relating to ac.1.30 cents in sy.nos.517/lc, 517/2e & 516 of a.koduru village, bandi atmakur mandal, kurnool district and to issue a writ, order or direction more particularly in the ..... , : [1980]1scr1071 ,'the apex court while dealing invocation of emergency powers under section 17 of the act held as hereunder:'the fourth point about the use of emergency power is well taken. ..... stating that in view of the urgency of the case the provisions under sub-section 4 of section 17 of the act had been invoked dispensing with enquiry under section 5-a of the act, no other acceptable material had been placed before this court. ..... 1.30 cents as aforesaid had been notified for acquisition under section 4(1) of the act by a notification bearing rc.no.l/89/96 dated 25-3-1996 issued by rl and published in kurnool district gazette extraordinary dated 30-3-1996 and it was specified in the said notification that the said land was required for the purpose of ..... it is also stated that the draft declaration under section 6 of the act relating to an extent of acs.7.69 cents of a.kodur village proposed for acquisition for the provision of house sites was approved by the kurnool collector .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC2142; (2002)2UPLBEC1634
..... a prayer was made in the application that supreme authority, namely, the chief of army authority, new delhi, to which the application was addressed, may pass suitable orders for attachment in any other local unit so that petitioner may surrender for further legal ..... (2) any police officer may arrest without warrant any person reasonable believed to be subject to this act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest ..... 1987 and since he deserted army on 2.5.1996 and was not apprehended or surrendered inspite of apprehension order issued to the superintendent of police, ballla, he was dismissed from service under section 20(3) of the army act after information to the central' government and after that it was not practicable to hold an inquiry. ..... chief of the army staff, new delhi, air 1986 sc 1060, the supreme court had occasion to consider the question of desertion after examining the provisions of sections 38, 39, 104, 105 and 106 of the army act ; paragraph 418 of the artillery records ..... provides that an individual who is dismissed under the provisions of army act is not eligible to any type of pension and gratuity in respect of all previous ..... since the petitioner was dismissed from service, under section 20(3) of the army act as a peace deserter, he is not entitled to any type of pensionary ..... a court of inquiry was heldunder section 106 of army act, 1950 and being a peace deserter, the petitioner was dismissed from .....
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