Court : Andhra Pradesh
Reported in : AIR1993AP95
..... the contention of the defendant that unless and until definite area for construction is available after the municipal permissions obtained she is not in a position to make up her mind to sell the land appears to be correct.13. ..... in the written statement a definite case has been set up by the defendant stating that the amount of rupees 6 lakhs is not the consideration but she entertained the ideaof selling a portion of the property and constructing three houses for her ..... when the consideration is not correct and when the condition of the defendant that she wants to have 3 flats on 3000 square feet plinth area has not been acted upon, we feel that there is no question of default. ..... 1 omprakash tibrewala is not entitled to act as the authorised agent of the plaintiffs firm and so the plant as presented with the signature of p.w. ..... 16(c)(ii) of the specific relief act, 1963 the plaintiff must aver performance of or readiness and willingness to perform the contract according to its true construction, and that mere statement also is not sufficient and there must be proof. ..... 311of 1983 on his file.3. ..... the acts done by the plaintiff, viz. ..... 16(c)(ii) of the specific relief act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1988)71CTR(AP)22; [1988]172ITR762(AP)
..... this notification is extracted below : 'contribution to approved superannuation fund - conditions specified under clause (iv) of sub-section (1) for the purposes of deduction of certain contributions : in exercise of the powers conferred by clause (iv) of sub-section (1) of section 36, the central board of direct taxes hereby specifies the following conditions for the deduction of contributions, not being annual contributions of fixed amounts or annual contributions fixed on some definite basis by reference to the income chargeable under the head 'salaries' or to the contributions or to the ..... it is clear that the rule 11 of part b of the fourth schedule reiterates the power conferred on the board to lay down limits as already envisaged by the first limb of section 36(1)(iv) as far as we see, rule 11 of part b of the fourth schedule has nothing to do with the board's power to specify conditions governing the allowance of contributions to the superannuation fund. 15. ..... relying on this decision, learned counsel represented that if the notification should be held to be inconsistent in any manner, it should give way to the statutory provision contained in section 36(1)(iv) of the act and, therefore, it is not strictly necessary for this court to strike down conditions nos. ..... the tribunal in its order dated december 12, 1983, accepted the assessee's claim on the short ground that the decision of the bombay bench of the tribunal in ita nos. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1985)ILLJ438AP
..... notwithstanding anything contained in these rules, no gratuity will be payable on the termination of service due to misconduct or on resignation in order to avoid such termination or if any member acts prejudicially against the interest of the company either during service with the company or engages himself without prior consent in writing from the company in any such activity within a period of three years from ..... training in sophisticated companies and plaintiff should not part with his knowledge to competitors without their prior sanction and hence they insisted that the plaintiff should give an undertaking not to act prejudicially to its interest and consequently the withholding of the gratuity is justified when the plaintiff refused to give such undertaking. 3. ..... 740] the supreme court held construing the said section :- 'negative covenants operative during the period of the contract of employment when the employee is bound to serve his employer exclusively are generally not regarded as restraint of trade and there for do not fall ..... however, when the plaintiff raised the plea that he has not done any act prejudicial to the interests of the company by conducting consultative service no evidence is forthcoming to ..... in this regard the definition of restraint of trade given in petrofina (great britain) ..... as per the order of this court dated 13th april, 1983 the respondent will be entitled to the interest on the balance of the decretal amount at the rate of 15% per annum till the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(3)ALD711; (2003)IIILLJ289AP
..... to any other establishment the government of the state in which the establishment was situated, would be the appropriate government:(b) after the said date in view of the new definition of that expression the answer to the question referred to above, has to be found in clause (a) of section 2 of the industrial disputes act; if (i) the central government company/undertaking concerned or any undertaking concerned is included therein eo nomine, or (ii) any industry is carried on (a) by or under the authority of the central government, or (b) by a ..... the above discussion is outlined thus:(1)(a) before 28.1.1986, the determination of the question whether the central government or the state government is the appropriate government in relation to an establishment, will depend, in view of the definition of the expression 'appropriate government' as stood in the clra act, on the answer to a further question, is the industry under consideration carried on by or under the authority of the central government or does it pertain to any specified controlled industry, or the establishment of any railway ..... collector of customs, : 1983(13)elt1342(sc) , observed as under:'to state it differently, if on a true construction of the provisions of the said two sections the lespondent has no jurisdiction to initiate proceedings or make an enquiry under the said sections in respect of certain acts alleged to have been done by the appellants, the respondent can certainly be prohibited from proceeding with .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALD733; 2001(3)ALT355
..... or an accountable person as defined in that act; (iii) any other scheduled act, means an assessee as defined in that act; (b) xx xx xx (c) xx xx xx (d) 'taxing authority' in relation to any scheduled act, means an officer (by whatever name called) empowered to serve upon an assessee a notice of demand in respect of any government dues under that act; (e) 'tax recovery officer', in relation to any scheduled act, means a tax recovery officer as defined in that act and where there is no such definition, means an officer (by whatever name called) ..... if it has already been recovered, it shall be refunded to the assessee on an application made by him to the taxing authority within such time and in such manner as may be prescribed by rules made under this act; provided further that if the amount of penalty imposed on the assessee for failure to make any annuity deposit exceeds one half of the amount of the annuity deposit required to be made as a result of such order ..... according to the learned counsel, as the assessee had already paid the entire amount pursuant to the notice of demand issued under section 156 of the said act, the entire demand having been wiped off, the question of charging of interest from the date of original demand would not arise only because the appeal ..... ) : [1983]141itr120(ker) , the doctrine of eclipse was taken recourse to stating: 'the order of a judicial or quasi-judicial authority is not final for the purpose of resjudicata during the time allowed for .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(2)ALT226
..... chief justice schwabe pointed out the practice in england and the position under section 35 of the specific relief act, 1877 in the following words:-'after the original judgment for specific performance it is the definite practice in england that all consequential relief by reason of any party failing to comply with the terms of the judgment must be sought by application to the court by ..... (1) he may on motion in the action obtain an order fixing a definite time and place for payment and delivery over of the conveyance and title-deed and can, after the expiration of that time, levy execution for ..... 988 of 1982, in the said execution petition, under section 28 of the specific relief act, praying to grant rescission of the contract for sale dated 9-11-1974 stating that the purchase money was not deposited by the decree-holder within ..... no separate suit in respect of any relief which may be claimed under this section shall lie at the instance of a vendor, purchaser, lessor or lessee, ..... learned counsel for the parties , it would be useful to read section 28 of the specific relief act, 1963 (for short 'the act') which is in the following terms:-'28. ..... provides that where any period is fixed or granted by the court for the doing of any act prescribed or allowed by the court, the court may in its discretion enlarge such period from time to time even though the period originally ..... 1983]2scr467 the question before the supreme court was whether the enlargement of time can be granted under section .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(6)ALD726; 2008(6)ALT720
..... in the event, the word 'guardian' in the definition section means and implies both the parents, the same meaning ought to be attributed to the word appearing in section 6(a) and in that perspective, the mother's right to act as the guardian does not stand obliterated during the lifetime of the father and to read the same on the statute otherwise would tantamount to a violent departure from ..... the trial court has not recorded any specific finding about the unfitness of the natural father as required under section 19 of the act, and in the absence of any evidence regarding the unfitness of the father, the trial court was not justified in denying the ..... the learned judges held:reading the relevant sections of these statutes (hindu minority act and guardians and wards act) together the benefit of the minor is the dominant and paramount consideration and if the circumstances so warrant the father's prayer under section 25 of the guardians and wards act can legitimately be disallowed in the better interest of the minor's welfare.the father's right to the custody of his minor child is not absolute; nor is it indefeasible in law; it ..... if the natural guardian of the minor is the father, subject to the limitations contained in section 6 of the hmg act, the father of the minor shall obtain the previous permission of the court in case the property of the minor is to be mortgaged, transferred, gifted or leased out etc.in the instant case, the first thing that is ..... dolikuka : [1983]1scr49 . in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(1)ALT707
..... by her in a public place on account of the car colliding with her on account of the negligence of the mechanic who had been engaged by the repairer who had undertaken to repair the vehicle by virtue of the provisions contained in section 94 of the act which provides that no person shall use except as a passenger or cause to allow any other person to use a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle by that person or ..... after an elaborate dealing of the matter with the aid of the provisions sections 94, 95 and 96 of the motor vehicles act 1939 and with certain pronouncements including the decision of our own high court (4 supra), the supreme court answered the question in the affirmative as follows:-'......we are of the view that the insurer is liable to ..... the method of assessment of compensation in a fatal accident case applying definite principles has been confirmed by the supreme court in general manager, kerala road transport corporation ..... section) (1) of section 96 of the act. ..... the interest awarded at 6% is totally against the settled law in various pronouncements upto the present case starting from narchiva kamath's case : [1985]3scr951 interest to be awarded is within the discretion of the tribunal under section 110-cc of the motor vehicles act 1939. ..... date of the accident being 25-11-1981, it is governed by the motor vehicles act of 1939 whereby the maximum multiplier to be applied is 16. ..... , 1984 acj 18 = 1983 (1) alt 21 (nrc).4 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(4)ALD226; 1999(4)ALT288
..... special land acquisition officer, 1988 (2) aplj 31, for the proposition that a reference under section 18 of the act is an appeal against the award and as such the court need not take into consideration the material placed before the land acquisition officer while deciding the reference application; that the award is not a ..... nos.25/2, 26/2, 26/4, 26/5, 26/6, 26/7, 31/ 16, 31/28 and 31/3a was acquired by the government under section 4(1) of the land acquisition act, for short 'the act', for the formation of yeleru left main canal. ..... aribam pishak sharma, : (1979)4scc389 , held as follows :'there are definitive limits to the exercise of the power of review. ..... the land acquisition after considering the claims of the claimant passed an award on 24-6-1983 awarding a sum of rs.16,965/- per acre in respect of ac.3.84 cents wherein there is a coconut tope by adopting capitalisation method and awarding rs.1,615/- and rs.1,515/- per acre for the rest of the land which were classified into ..... aggrieved by the said award the claimant sought reference under section 18 of the act to the civil court. ..... section 4(1) notification was published in the gazette on 5-8-1981. ..... the court below also observed that the claimant is entitled to all the benefits under the land acquisition act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD73; 2007(3)ALT342
..... is being held, as the central government may, by notification in the official gazette, specify in this behalf.power of authorized inquiring authority to enforce attendance of witnesses and production of documents.5(1) every inquiring authority authorized under section 4 (hereafter referred to as the 'authorized inquiring authority') shall have the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the ..... inquiring authority shall not compel the reserve bank of india, the state bank of india, any subsidiary bank as defined in clause (k) of section 2 of the state bank of india (subsidiary banks) act, 1959 (38 of 1959) ; or any corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970)-(a) to produce any books of account or other documents which the reserve bank of india, the state bank of ..... the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein and is succeeded by another inquiring authority which has, and which exercises, such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and partly recorded by itself:provided that if the succeeding inquiring authority is of the opinion that further examination of any of the ..... of misconduct or misbehaviour into definite and distinct articles of charge ..... (1983)iillj415sc .....
Tag this Judgment!