Court : Andhra Pradesh
Decided on : Mar-07-2003
Reported in : 2003(4)ALD871
..... elaborate arguments to convince this court on the aspect of jurisdiction of the respective courts in entertaining the o.p.s. for grant of succession certificates.3. section 371 of the indian succession act, 1925 dealing with court having jurisdiction to grant certificate reads as hereunder:-'the district judge within whose jurisdiction the deceased ordinarily resided at the time of his death ..... died on 5-3-2001 when he came to hyderabad on some work to this place.7. heard the counsel.8. it is pertinent to note that the powers under section 24 of the code of civil procedure are very wide. as can be seen from the respective allegations made in the affidavits filed in support of the transfer cmps and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-13-2003
Reported in : 2003(4)ALD758; 2003(2)ALT610; (2003)184CTR(AP)596; [2003]262ITR306(AP)
..... 1979 issued by the port trust which inter alia stated that 'the board of trustees of the port of bombay have been advised that under section 171 of the indian contract act, 1872, they have a general lien which they can exercise on the goods which come into their custody of importers, exporters, owners, ..... to be - expenditure in connection with the election incurred or authorised by the candidate'. the supreme court while construing this provision read section 13a and 139(4b) of the income tax act, 1961, which though exempting the income of political parties from house property, other sources or voluntary contributions require them to maintain audited ..... known. in common cause, a registered society v. union of india, : [1996]222itr260(sc) the supreme court interpreted explanation (1) to section 77(1) of the representation of the people act, 1950. the explanation provides that 'any expenditure incurred or authorised in connection with the election of a candidate by a political party - shall .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-31-2003
Reported in : 2003(4)ALT153
..... supra and the said direction had been set aside. in the light of the same, the contentions advanced by both the counsel in relation to section 17 and section 49 of the indian registration act, 1908 need not be dealt with any further.13. in the light of the peculiar facts and circumstances of the present case, since the ..... 5 have relinquished their rights which they got by registered sale deeds and hence the same is compulsorily registerable and the compromise is hit by section 17 and section 49 of the indian registration act, 1908. it was also stated that the rights of the parties as determined by virtue of the judgment and decree of the appellate court ..... there need not be any registration at all. the learned counsel also submitted that even otherwise, registration is not necessary in view of the section 17(2) clause 6 of the indian registration act, 1908. the learned counsel also submitted that the compromise is not opposed to public policy in any way and hence the civil miscellaneous .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-13-2003
Reported in : 2004(4)ALD553
..... of agricultural lands rules, 2003 under g.o. ms. no. 379 (revenue) endowments, dated 11-3-2003, which were framed in exercise of the power under section 82 read with section 153 (1) of the aforesaid act. the learned counsel for the revision petitioner submitted that relating to remission of rent, there is no provision at all either in the aforesaid ..... endowed for the purpose of any charitable or religious institutions or endowments as defined in this act.'4. in view of the language of sub-section 5 of section 82 of the aforesaid act, it is clear that the provisions of andhra pradesh (andhra area) tenancy act, 1956 shall not apply to any lease of land belonging to or given for the purpose ..... , it cannot be said that there is total exclusion of the applicability of the provisions of the tenancy act in the case of temple lands either in view of sub-section (5) of section 82 of the act or by virtue of the decision of the apex court referred to supra.5. it is no doubt true that several of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-04-2003
Reported in : 2003(4)ALD693; 2003(4)ALT529; (2004)ILLJ22AP
..... the said observations were made in the context of the indisputable fact that the company therein is a government company as envisaged in section 617 of the act attracting section 619 of the act, that more than 97% of the share capital has been contributed by the state government and the financial institutions controlled and belonging to ..... v. mysore paper mills officers' assn., : (2002)illj1088sc , the supreme court found that mysore paper mills limited, a government company as envisaged under section 617 of the act is nothing but an instrumentality and agency of the state government. the supreme court having referred to its earlier decisions observed thus: 'the concept of instrumentality ..... , it is stated in specific terms that the government of andhra pradesh holds only 27% of the share capital. as per the definition in section 617 of the act, a government company means a company in which either the central government, state government(s) or partly the central and partly by one or more .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-17-2003
Reported in : 2004(4)ALD518
..... not a public charitable endowment attached to the petitioner tank. the lower court, therefore, concluded that the entries made in the property register under section 6(c)(i) of the act need not be deleted.9. the lower court after considering the order of the deputy commissioner came to a conclusion that there are no grounds ..... aside?6. the material placed by both parties discloses that according to the assistant commissioner, endowments department, the tank in question was published under section 6(c)(i) of the endowments act of 1966 by the commissioner endowment , hyderabad on 19-12-1983 and the land of an extent of ac.05-58 cents is an ..... holder or employee under the andhra pradesh (andhra area) inams (abolition and conversion into ryotwari) act, 1956, but shall be deemed to be a charitable endowment.8. the lower court referred to sub-section 6 of section 87 of the act also regarding drawing of the presumption in respect of properties relating to the endowment department. the lower .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-19-2003
Reported in : 2004(1)ALD560
..... . no. 22668 of 2002. the land is indisputably vested in the gram panchayat. even before they are sought to be evicted, the procedure prescribed under section 98 of the act has to be followed.21. under these circumstances, the wp no. 21304 of 2002 is allowed directing the respondents to accord protection to the gram panchayat ..... therefore, it needs to be seen as to how far the said notification would disentitle the gram panchayat of its right over the land.sub-sections (1) and (2) of section 58 of the act read as under:1. the following porambokes namely grazing grounds, threshing floors, burning and burial grounds, cattle stands, carts tanks and topes, which ..... this provision. it is beneficial to reproduce the said notice in its entirety. it reads as under:'in exercise of powers conferred by sub-section (2) of section 67 of the andhra pradesh gram panchayat act, 1964 read with g.o. ms. no. 647, panchayat samithi department dated 20-11-1975, the revenue divisional officer, kandukur, prakasam .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-2003
Reported in : 2004(6)ALD739
..... supreme court in an appeal by the state in state of andhra pradesh v. nallamilli kami reddy, : air2001sc3616 , upholding the legality and validity of section 82 of the endowments act. by virtue of the aforesaid ordinance and the judgment of the supreme court referred to above, all the leases between parties in these petitions came ..... for the termination or continuance or for settlement of dispute relating to the institutions cannot be decided by the authorities under the tenancy act. clause (f) to section 18(1) of tenancy act is always deemed to have been and therefore the question of deciding any dispute in respect of agricultural lands of the institutions by ..... as defined by the provisions of the andhra pradesh charitable and hindu religious institutions and endowments act.'sub-section (2) of section 18 is also omitted. by virtue of addition of clause (f) to section 18(1) of the tenancy act, the tenancy act shall not apply to any agricultural land belonging to or given or endowed for the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-10-2003
Reported in : 2003(3)ALD574; 2003(4)ALT432
..... are one and the same for the teachers working in government, aided as well as recognized private schools. apart from this, from the above sections/rules, it is clear that before permission is granted, the management of the private school is supposed to satisfy the authority concerned as to the ..... and (2)............ (3) any educational agency applying for permission under sub-section (2) shall,- (a) before the permission is granted, satisfy the authority ..... gratuity etc.8. in fact, various provisions of the a.p. education act and the rules made thereunder obligate every recognised school to follow certain conditions as mandatory for its registration. it is necessary to extract sections 20 and 33e of the act, which read thus.'20. permission for establishment of educational institutions:-- (1) .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : May-02-2003
Reported in : AIR2003AP393; 2003(4)ALD6
..... laws is a broad power subject to only condition that such bye-laws made should not be inconsistent with the provisions of the hmc act. therefore, section 586(5) read with section 586(48), in my considered opinion, should be given wide amplitude as conferring power on the corporation to regulate parking places and ..... providing for regulated development of urban areas in the state of andhra pradesh. hyderabad urban development authority (huda) was constituted under section 3 of the said act. section 59(1) of the said act empowers huda to make regulations. accordingly, huda has made multi-storeyed building regulations, 1981. a multi-storeyed building, as per regulation ..... complex. the notification is issued in exercise of powers vested in the corporation and there is no illegality in issuing the same. under section 115 of the hmc act, the corporation is empowered to provide for parking place/ public landing place/halting place for vehicles including motor vehicles and levy fees for their .....
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