Court : Andhra Pradesh
Decided on : Mar-07-1973
Reported in : AIR1973AP387
..... settled: and any defendant not so applying should be deemed to have acquiesced in the institution of the suit. this provision is not found in the new act and in the new sections 22, 23 and 24 which provide for transfer of suits in the new code, no such presumption of submission to the jurisdiction of the court by invoking ..... cannot be said that any cause of action can be said to have arisen at hyderabad within the meaning of second part of explanation ii to section 20.18. section 3(2) of the warehousing corporation act, 1962 states that the head office of the central warehousing corporation shall be at new delhi. the very words ' head office ' must mean that ..... business at its sole or principal office in india or the corporation has its head office at new delhi as enacted in section 3(2) of the warehouseing corporations act, 1962. it has no subordinate office at hyderabad. clause (b) of section 20 c. p. c. also it is contended, would not apply because neither of the two defendants at the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-28-1973
Reported in : 1974CriLJ387
..... shall' not prevent the infliction of any punishment to which the person affected thereby is liable under the act. section 7 provides for penalties for the contravention of an order under section 3 of the act. section 7(b) empowers the criminal court to forfeit to the government any property in respect of which the ..... commodities in the interest of the general public. the commodities which were intended to be brought within the purview of the act were essential commodities as defined in section 2(a) of the act. section 3 empowers the central government to make orders providing for the control of production, supply and distribution of essential commodities, ..... on movement) order, 1970. the circle inspector of police registered the case as cri. no. 18 of 1973 of ramachandrapuram police station under section 7 of the act. the same day the seized stock was produced before the additional judicial first class magistrate, ramachandrapuram. the circle inspector in his report requested the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-05-1973
Reported in : AIR1974AP123
..... iyer, j., in padma gowda v. y. hegde, air 1960 mys 337. in that case the district munsif to whom a decree was transferred under section 66 of the madras village courts act even though he was a persona designata he was held to have the power to order restitution after the reversal of the decree which had been previously ..... such decree or such part thereof as has been varied or revered.' nor indeed does this duty or jurisdiction arise merely under the said section. it is inherent in the general jurisdiction of the court to act rightly and fairly according to the circumstances towards all parties involved. as was said by cains l.c. in rodger v. the comptoir ..... . t. swamulu varu v. h. r. & c. e. commr., : air1971ap211 , and argued that in spite of the repeal of the madras act 19 of 1951, the commissioner was allowed to function as an appellate authority under section 61 (1) for the limited purpose of entertaining, continuing and disposing of appeals before him at the time of coming into force of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-13-1973
Reported in : AIR1974AP238
..... an order of the court in this course of a suit.'the expression 'award' is not defined under the indian stamp act, we have, therefore , to look to the arbitration act , 1940. section 2(a) of the arbitration act defines 'arbitration agreement' as 'a written agreement to submit present or future differences to arbitration. whether an arbitrator is named ..... there is oral reference to an arbitrator or an umpire for the settlement of the dispute, cannot be given effect to. the stamp act being a special act, the definition of the word 'award' used in section 2(b) apply according to the respondent's counsel. as pointed out earlier, there is no definition of the word 'award' ..... that any arbitration proceeding is governed by the provisions of the act. there can be no award within the meaning of section 2(b) without an agreement in writing, any decision given by the arbitrators cannot strictly be termed as an arbitration award within the meaning of section 2(b). to put it differently, for any decision .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-23-1973
Reported in : AIR1974AP303
..... out the material change for the claim of maintenance. hence, it admits of no doubt that enhanced maintenance due to change in the circumstances is permissible under section 25 of the act. we are fortified in this view of ours by the decision of a division bench of this court in chimalakonda ambayamma v. chimalakonda ganapathi, : air1969ap213 ..... ) and kameswaramma v. thammanna, (1939) 2 mad lj 460 = (air 1939 mad 798). but , however, this legal position has been altered by the enactment of section 25 of the act, which reads thus :-'the amount of maintenance, whether fixed by a decree of court or by agreement either before or after the commencement of this ..... act, may be altered subsequently if there is a material change in the circumstances justifying such alteration.'section 25 entitles a maintenance holder to claim enhanced rate of maintenance if there is a material change in the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-17-1973
Reported in : AIR1974AP226
..... crops and grass , fruit upon and juice in trees , and property of every other description, except immovable property.''immovable property' defined in clause (6) of section 2 of the said act. 'includes land, buildings and things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor ..... equipment or machinery must be held to have not been attached to the earth within the meaning of the expression 'attached to the earth' under section 3 of the transfer of property act. the machinery is not only not attached to the earth, but also not permanently fastened to anything attached to the earth. hence, the machinery ..... running a cinema in the premises taken by him on lease for his own profit, was held to be movable property within the meaning of section 3 of the transfer of property act, as it was not a permanent improvement to the premises. we may notice the following passage in the judgment of the learned judges, wadsworth, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-12-1973
Reported in : (1974)IILLJ279AP
..... must have service of not less than eight years in all including a minimum service of two years in the commercial taxes department or in any of the commercial taxes sections of the office of the board of revenue or in the office of the sales tax appellate tribunal.18. the tests period provided for these two types are different. both ..... given situation, whether the legislative action is clearly unreasonable. the court cannot require the legislature to specify its reasons for the classification, but they will always presume that the legislature acted on legitimate grounds of distinction, if any such grounds exist. where there is a reasonable and practical ground of classification for legislative regulations, the classification should be sustained, even though .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-05-1973
Reported in : (1974)IILLJ419AP
..... entitled to the facility of thirty days' earned leave with wages and those who were appointed subsequent to 1st july, 1956 were governed by section 79 of the indian factories act. that altered the position of those who were appointed after 1st july, 1956 for under the statute they were only entitled to the ..... ms. no. 287, dated 1st may, 1972. these proceedings were issued by the electricity board in exercise of the powers conferred upon it under section 79 of the electricity (supply) act, 1948. under these regulations, all those who were temporarily employed were to be called 'emergency employees.' all of them were entitled to have their ..... is difficult to determine whether the respondent-electricity board comes or not within the meaning of the expression 'industrial establishment' as defined in section 2(ii)(g) of the payment of wages act, 1936. the discussion, therefore. has to proceed on the basis, assuming that the respondent-electricity board is an industrial establishment, whether .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-19-1973
Reported in : AIR1974AP106
..... arose whether the court could go into the question whether a state of emergency existed justifying the proclamation of the governor general of india under section 72 of the government of india act, 1919. the privy council said.'that raises directly the question who is to be the judge of whether a state of emergency exists. ..... narrated by me would show that there was a complete break down of law and order in a large area of the state and strike by a great section of government employees practically paralysing the government. i have also explained earlier, that those considerations are, without doubt, relevant considerations which may be taken into account ..... a bid to solve the problem announced a five point formula pursuant to which the parliament passed the mulki rules act. apparently sections of people were not satisfied with the solution afforded by the mulki rules act. the agitation continued. the deputy chief minister and ten other ministers resigned from the cabinet. the agitation in the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-26-1973
Reported in : (1974)IILLJ353AP
..... minimum in the grade prescribed by clause 5 of the order and if he had refused to take it an occasion may have arisen for the operation of section 11(2) of the act. it is, therefore, manifest from what is observed that it was a case of breach of 'the statutory regulations and, therefore, their lordships interfered.in calcutta ..... in its service by giving him salary for three months' in lieu of notice under rule 3 a (iv) of the rules made under section 172(2) of the u. p. district board act and the order was challenged on the ground that the board had no power to terminate employment of its servant except under the notification dated march ..... giving an opportunity to explain to the persons who would be affected by such a finding. for the aforesaid reasons, i have no doubt that the section imposes a duty on the government to act judicially in ascertaining the objective and jurisdictional fact, namely, whether the committee is incompetent. it is a necessary condition of such a duty to give an .....
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