Court : Andhra Pradesh
Decided on : Dec-23-2003
Reported in : 2004(4)ALD52; 2004(4)ALT765
..... facts and circumstances, the court of first instance thought it fit to grant the relief of mandatory injunction moulding the relief in the appropriate form. section 39 of the specific relief act, 1963 dealing with mandatory injunctions reads as hereunder:mandatory injunctions: when, to prevent the breach of an obligation, it is necessary to compel ..... ground of equity the plaintiff is entitled to the relief of mandatory injunction also. clear findings had been recorded that this relief is essential to undo certain acts, which were committed by the appellants subsequent to the granting of temporary injunction. it is needless to say that these are all findings based on facts, ..... . then the plaintiff reported the matter to the mandal revenue officer on 4-8-1989. the defendants are powerful people and the plaintiff cannot resist their acts.8. the 2nd defendant filed a written statement with the following allegations:the plan filed along with the plaint is incorrect. the plan filed by these .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-06-2003
Reported in : 2003(2)ALD(Cri)961; III(2004)BC22
..... since it is also not their case that a public notice as contemplated by section 72 of partnership act was given, in view of section 45 of partnership act they would continue to be liable to the first respondent as partners of the second respondent firm. since as per explanation (a ..... the issuance of the dishonoured cheque by the third respondent on behalf of second respondent, they (petitioners) cannot be made liable for the offence under section 138 of the act, more so because there is no specific allegation in the complaint that petitioners have been in charge of and are looking after the affairs of the ..... are only three partners, if two partners retire, a firm cannot continue with one partner. so, it amounts to dissolution of the firm. so, sections 45 and 72 of partnership act would govern their alleged retirement or dissolution. since there is nothing on record to show that petitioners have given a public notice of their retirement, and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-21-2003
Reported in : IV(2004)BC19
..... such body corporate to be prosecuted and punished in the case when an offence is committed by the body corporate. for example is section 138 of the negotiable instruments act, 1881. section 138 of the act makes it an offence to draw a cheque, which would not be honoured by the drawee bank. in view of the fact that ..... the bodies corporate are entitled to maintain bank accounts and draw cheques, the legislature made a specific provision under section 141 of the act, wherein it was stipulated that whenever an offence under section 138 is committed by a company, every person who, at the time of the offence, is in-charge of, and is ..... 1959). in fact, the state bank of india (subsidiary banks act, 1959) defines section 2(k) of the subsidiary act to include the state bank of india under subsidiary banks. chapters of 1959 act deals with the management of the subsidiary banks. section 24, sub-section (2) of the said act reads as follows:'subject to any such directions and instructions, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-20-2003
Reported in : 2004(1)ALD(Cri)383; IV(2004)BC251
..... magistrate, gajuwaka, to quash the said calendar cases against him.2. the offence alleged to have been committed by the petitioner is under section 138 read with section 142 of negotiable instruments act. the petitioner is arrayed as manager of leafin india limited (hereinafter referred as the company') of visakhapatnam branch. the divisional manager, the ..... way of legal notices, which were returned unserved and accused never received the same. thus, all the accused have committed the offence punishable under section 138 of negotiable instruments act and they are liable to be punished.4. it is not in dispute that the petitioner-accused no. 1 is the area manager of the ..... of a company, who is not in management or responsible to the company for the conduct of business, is also liable for the offence punishable under section 138 of the act, provided there is evidence to show that such offence was committed with consent, connivance or attributable to, and negligence on the part of such director .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-2003
Reported in : 2003(4)ALT296
..... the petitioner who is interested party ought to have enquired about the same. the petitioner appeared before the land acquisition officer pursuant to notice under section 12(2) of the act and received compensation through a cheque on 17-9-1988 without making any endorsement in the acquittance statement and without any protest.7. the petitioner ..... mandal revenue officer, he did not receive and requested sri eswaraiah, clerk in mandal revenue officer's office to receive his objection petition filed under section 18(2) of the act, but he refused the same. therefore, he informed his advocate about the same when the advocate sent the representation on 24-9-1988 by ..... krishna murthy submits that in vew of the postal receipt and acknowledgment, it should be deemed that the petitioner has sent his representation/application under section 18(2) of the act seeking a reference to civil court within time and therefore a direction may be issued to the respondents. he also submits that after this court .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-05-2003
Reported in : 2003(4)ALT479
..... , the learned counsel representing the appellants -defendants in the suit, had submitted that the question of limitation is a substantial question of law and under section 3 of the limitation act 1963 it is the duty of the court to decide the question of limitation and even on the admission of the plaintiff that the suit was filed ..... pleas as alternative relief. it was pleaded that the 1st defendant was always ready to complete the transactions and he is entitled to protection under section 53-a of transfer of property act as he had purchased the property from the ostensible owner and he had perfected his title by adverse possession.8. on the strength of the ..... evidence, the plaintiff who was able to established the title, cannot be non-suited on the question of limitation. that is the settled position under the present limitation act, 1963. in the light of this legal position, and especially in view of the concurrent findings recorded by both the courts relating to 'the title to the property .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-26-2003
Reported in : 2003(2)ALD707; 2003(4)ALT701
..... of the matter and had negatived the relief of the plaintiff. the learned counsel had drawn my attention to different provisions of the hyderabad municipal corporations act, 1955, inclusive of sections 199 and 202, and the learned counsel had placed strong reliance on a decision in official trustee, madras v. madras corporation, air (30) 1943 ..... evidence at all in this regard.10. per contra, t.s. venkata ramana, learned counsel representing the respondent-corporation had drawn my attention to section 685 of the act, and had submitted that the issuance of the notice under the said provision is mandatory and for want of notice, definitely the suit itself is ..... defendant. the trial court, on appreciation of the oral and documentary evidence, held that the demand itself is a mala fide action and no notice under section 685 of the act, 1955 is necessary, and ultimately, had decreed the suit. aggrieved by the same, the visakhapatnam municipal corporation (hereinafter in short referred to as 'the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-20-2003
Reported in : 2003(4)ALD219; 2003(5)ALT354
..... in view of the concurrent findings recorded by both the courts below relating to the entitlement of maintenance, the availability of the grounds or otherwise of section 18 of the aforesaid act need not be gone into the second appeal especially in the light of the fact that the respondent/defendant/ husband had not preferred any appeal as ..... , of course had to the scale and mode of living and to the age habits, wants and class of life of the parties and section 23(2) of the hindu adoptions and maintenance act, 1956 makes no departure from these principles as enunciated in air 1929 pc 128 except perhaps to a limited extent envisaged in sub-clauses ..... respect to award of maintenance depending upon the salary?3. whether the lower appellate court was justified in ignoring the cardinal principles as stipulated under section 18 of the hindu adoption and maintenance act, 1956 ?4. whether the court below was justified in ignoring the increase in the salary of the respondent upon passing of time?the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-11-2003
Reported in : 2003(5)ALD586
..... fixed on the appellant.17. section 146(1) of the act reads as under:'necessity for insurance against third party risk:--(1) no person shall use, except as a passenger, or cause or allow any other person to use ..... the sixth respondent (insurer) to avoid its liability to the claimants, because the appellant also is the deemed owner of the bus involved in the accident as per section 2(30) of the act, and is a party to the o.p. so, the liability of the 'owner' as to the person who has to pay the compensation to the claimants is ..... of a hire-purchase agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement.'while as per section 2(19) of motor vehicles act, 1939:' 'owner' means, where the person in possession of a motor vehicle is a minor, the guardian of such minor, and in relation to motor vehicle which .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-18-2003
Reported in : 2004(4)ALD41; 2003(6)ALT94; [2004]49SCL548(AP)
..... any dividends although he is entitled to receive back the amount subscribed by him on the chit being terminated or deemed to have been terminated in accordance with section 42 of the act, i see no reason as to why the prized subscriber is also not entitled to any dividends. i am reinforced in my above view by a division ..... subscriber is entitled to get back his subscriptions at the termination of the chit without any deduction for dividend, if any, earned by him. it is obvious from section 42 that when once a chit is deemed to have been terminated, the non-prized subscriber who is entitled to the refund of the amount paid by him is ..... considered. in the context it is appropriate to refer to certain of the provisions in the chit funds, act, 1982 ('the act' for brevity). chapter-viii thereof pertains to the termination of chits. coming in the realm of the said chapter, section 39 provides for continuation of chits. where a foreman dies or becomes of unsound mind or is otherwise incapacitated .....
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