Court : Andhra Pradesh
Decided on : Aug-22-2003
Reported in : 2003(2)ALD(Cri)634; II(2004)BC172; [2005]126CompCas10(AP)
..... the ii metropolitan magistrate, hyderabad.2. shashi finance corporation represented by its general power of attorney filed a complaint against the accused under section 138 of negotiable instruments act, hereinafter referred as 'the act', alleging that the accused borrowed a sum of rs. 50,000/- for their business financial necessities and against which they issued an account ..... after considering the material on record and on hearing both the counsels came to the conclusion that there was no service of notice as contemplated under section 138 of the act and that the complaint as such was not maintainable in law and, therefore, acquitted the accused. aggrieved by the same, the present appeal is ..... be a deemed service. therefore, the lower court rightly held that there was no constructive service of legal notice on the accused as contemplated under section 138(d) of the act.9. coming to the next question with regard to the filing of the complaint by dr. vinod kumar, who is the general power of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-18-2003
Reported in : 2003(6)ALD522
..... /which are being run and maintained by panchayat raj institutions apart from other various categories coming under the purview of the a.p. education act. under section 8 of the act, every municipal corporation or municipal council is empowered to make a provision for education up to the end of the secondary education stage in ..... and not particular cases which have been already otherwise provided by the special act.' 11. this principle was reiterated in vera cruz case (seward v. vera cruz (1884) 10 ac 59) as under: 'where there are general words in a later act capable of reasonable and sensible application without extending them to subjects specially dealt ..... to create equitable opportunities and facilities for people belonging to different parts of the state of andhra pradesh. therefore, the constitution (thirty-second amendment) act, 1973 through section 3 thereof brought into the constitution article 371-d with effect from july 1, 1974. this is a special provision in respect of the state .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : May-01-2003
Reported in : 2004(3)ALD357
..... chahal engineering and construction company v. irrigation department, punjab, sirsa, : air1993sc2541 , this court held that the words 'is otherwise invalid' in clause (c) of section 30 of the act would include an error apparent on the face of the record. in trustees of the port of madras v. engineering constructions corporation limited, : air1995sc2423 , after adverting to ..... the parties has a tradition in india. it has a social purpose to fulfil today. it has a great urgency today when there has been an explosion of litigations in the courts of law established by the sovereign power. new rights created, or awareness of these rights, the erosion of faith in ..... or voidable between the parties thereto is not applicable to an agreement the formation whereof law interdicts or which falls within the prohibitory range of section 23 of the contract act. thus, no legal relations are created by the agreement offending a statute or public policy enabling neither party to enforce the agreement. (see .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-02-2003
Reported in : 2003(5)ALD375
..... municipality, as of any grade irrespective of its annual income for reasons to be recorded in writing.' 14. thus, a combined reading of sub-section (22) of section 2 of the a.p. municipalities act, 1965 and rules 3 and 4 of the a.p. municipalities (gradation of municipalities, councils and nagar panchayats) rules, 1995 would make it ..... grade to first grade by issuing the impugned g.o. ms. no. 133 m.a. dated 16th march, 1996 is sustainable? 12. sub-section (22) of section 2 of the andhra pradesh municipalities act, 1965 defines 'municipality' to mean a municipality of such grade as may be declared by the government from time to time, by notification in ..... of one per cent from the date of issuance of the impugned g.o. it is alleged by these petitioners, as provided under sub-section (22) of section 2 of the andhra pradesh municipalities act, 1965, the gradation of municipalities would depend upon their annual income. a municipality to be categorized as second grade should have an annual .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-03-2003
Reported in : 2004(1)ALD835
..... widest possible amplitude must carry with them by necessary implication all powers and duties incidental and necessary to make the exercise of those powers fully effective. section 255(5) of the act does empower the appellate tribunal to regulate its own procedure, but it is very doubtful if the power of stay can be spelt out from that ..... cannot interfere with such a discretionary order made by the appellate tribunal. 6. it is pertinent to note that the rules were framed while exercising powers under section 27 of the act. rule 15 of the rules deals with appeal and rule 15(4) of the rules specifies that the appellate tribunal may, pending disposal of appeal, stay ..... grounds of appeal, several arguable questions had been raised and though there is urgency for grant of stay as the primary tribunal already issued notice under section 7(1) of the act to surrender the excess land on or before 16-7-2003, the learned judge totally erred in refusing to grant stay though such power is available .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-29-2003
Reported in : 2003(5)ALT403
..... hence the decision of the apex court is distinguishable in view of the facts referred to supra. it is no doubt true that under section 49 of the a.p. court fee and suit valuation act, 1956, dealing with appeals, the fee payable in an appeal shall be the same as the fee that would be payable in the ..... on the question of maintainability of the c.m.a., strong reliance was placed on the decision of the division bench of this court in b.nookaraju case (4 supra). section 2(2) of the code defines decree as follows: 'decree' means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines ..... and referred to in the impugned order on the ground that on facts they are distinguishable. the learned counsel also had drawn my attention to section 49 of the andhra pradesh court fee and suit valuation act, 1956. 3. per contra, sri t.veerabhadrayya, learned counsel representing the appellants with all vehemence had contended that the rejection of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-03-2003
Reported in : AIR2003AP321; 2003(2)ALD858; 2003(3)ALT47
..... officer has to conduct enquiry and come to a conclusion as to whether such trophy is kept illegal. in every case where the person gives declaration either under section 40(1) of the act or rule 35 of the rules, the law does not contemplate seizure of the article. be that as it may, before recording a finding that there is violation ..... the authorised officer shall affix upon the objects referred to in sub-rule (3), identification marks as far as possible in indelible ink. 5. from a reading of section 40(1) of the act and rule 35 of the rules it becomes very clear that after making a declaration the authorised officer has to give notice to the declarant as to the ..... 's and same came into possession of the petitioner. after having come to know that a declaration is required to be filed with the chief wild life warden under section 40 of the act, such a declaration was made. respondents 2 and 3 came to petitioner's house on 4.9.1993 and confiscated the tiger skin in a box. therefore, the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-2003
Reported in : 2003(2)ALD904; 2003(2)ALT275
..... . no.38, dated 20.1.1977 which were followed by the board in its b.p. were in conformity with the directions of the government? section 78a of the act merely gives power to the government to issue directions on questions of policy and the board shall be guided by it. the most important aspect of the ..... directions' or 'instructions' for the guidance of the board. therefore, we have no hesitation in holding that the government in exercise of powers under section 78a of the electricity (supply) act, 1948 have been taking policy decisions as to the entitlement of the power concessions to the industries and issuing orders reckoning the date of extension of ..... no state policy could be implemented and the progress of the state would be hampered. .... the policy issued is squarely covered by a direction under section 78a of the electricity (supply) act, 1948. it does not require any specific mention or a specific direction to the instrumentalities of the state to follow its policy. in ordinary course .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-24-2003
Reported in : 2003(6)ALD34; 2003(5)ALT469
..... 21-9-1996 by the learned single judge holding that timpany school is deemed to be recognised institution under the provisions of a.p. education act, 1982 and hence section 79 of the act is applicable and it is an institution imparting education as a public duty and even if it is a private institution without any aid from the ..... not accepted by the 1st respondent. the stand taken by the appellants is that timpany school is not a recognized school under a.p. education act, 1982 and hence section 79 of the said act is not applicable in case of termination of an employee of the said school and hence the writ petition itself is not maintainable. the writ ..... by giving three months notice or by giving three months salary in lieu of such notice. there is no controversy that the procedure contemplated under section 79 of the a.p. education act, 1982 was not followed at all and the termination was effected by publication of notice in a telugu daily eenadu newspaper. the subject institution timpany .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-22-2003
Reported in : 2003(3)ALD503; 2003(3)ALT760; (2003)IILLJ916AP
..... mere assertion of some inconvenience or disadvantage. therefore, this court is not convinced to accept the plea of the petitioner as regards the validity of section 2(b) of the act.7. the second limb of the submission, however, deserves certain attention. if a person cannot be treated as a physically handicapped person, it is ..... provided for reservation in favour of physically handicapped candidates. so far as the blindness or low vision is concerned, they have adopted the definition under section 2(b) of the act verbatim. since the petitioner does not fall into any of the categories, he is not entitled to claim the benefit of reservation for physically handicapped ..... categories of disabled persons in the matter of employment and other aspects of life. one of the types of disabilities recognized under the act is 'blindness'. it is defined under section 2(b) of the act as under:' (b) 'blindness' refers to a condition where a person suffers from any of the following conditions, namely:- (i .....
Tag this Judgment!