Court : Andhra Pradesh
Decided on : Sep-04-2003
Reported in : 2004(2)ALT14; [2004]118CompCas373(AP); [2004]50SCL450(AP)
..... effect from october 31, 1999, giving power to a company to purchase its own shares, which was prohibited earlier. the contention of the petitioner that section 77a of the act is merely an enabling provision is disputed. reiterating the very stand taken in his earlier affidavit, the registrar of companies states that the proposed scheme of arrangement ..... the scheme which will provide an exit route to small holders is nothing but a scheme of buy back of its own shares attracting the provisions of section 77a of the act and the sebi (buy back of securities) regulations, 1998. further, according to him para. 4 of the scheme which provides for automatic cancellation of shareholding ..... go through or not when the majority of the creditors or members or their respective classes have approved the scheme as required by section 391, sub-section (2). the court certainly would not act as a court of appeal and sit in judgment over the informed view of the concerned parties to the compromise as the same .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-18-2003
Reported in : 2004(1)ALD597
..... which, in fact, is not within the province of these proceedings under article 226 of the constitution of india. in the face of the proviso to sub-section (3) of section 15 of the act, the government could not have enhanced the seigniorage fee from rs. 200/- to rs. 500/- on cubes and kerbs (average grade granite of less than 30 ..... of rs. 200/- for cubes and kerbs, whatever be the size that is extracted during the block period of three years. as per the proviso to sub-section (3) of section 15 of the act, g.o. ms. no. 331 dated 21.6.2000 which was notified in the gazette on 29.6.2000 would be valid for the block period ..... a fraud on the statute and statutory power. such interpretation cannot be countenanced.14. in trivedi's case (supra), the supreme court was considering the constitutionality of section 15(1) of the act, especially the power of the state government to enhance the rates of dead rent and royalty during the subsistence of such leases. the supreme court categorically held .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-12-2003
Reported in : 2004(1)ALD878; 2004(2)ALT342
..... the defendant did not discharge the burden, except marking ex.b.1, which is true copy of certificate of registration dated 5-5-1981 issued under section 8 of the co-operatives act and neither the bye-laws nor any regulations of the defendant have been filed. further, he submitted that there is no evidence with regard to the nature ..... by seeking dispensing with the notice. having regard to the same, we deem it appropriate that similar amendment can as well be introduced to section 126 of the a.p. co-operative societies act enabling the parties to file similar suits as against the society by dispensing with the notice to the registrar. it is needless to observe that ..... even though the plaintiff is entitled for recovery of the suit amount, dismissed the suit on the ground that the plaintiff did not issue notice under section 126 of the a.p. co-operative societies act. hence the appeal.7. in this appeal, sri m.p. ugle, learned counsel for the appellant submits that having regard to the specific .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-12-2003
Reported in : 2003(3)ALT330
..... the commissioner i.e. by effecting sale of more than 50% of the wheat products for the month of march 1985 . therefore, the proceedings were initiated under section 6-a of the essential commodities act, 1955, and the authority after conducting the enquiry after giving the petitioner an opportunity of being heard, and having satisfied that there was contravention of the conditions ..... seized various quantities of wheat products alleging certain contraventions of the andhra pradesh scheduled commodities dealers (licencing and distribution) order, 1982. in pursuance of the complaint, the 2nd respondent initiated section 6-a proceedings. the 2nd respondent after hearing both sides, passed an order holding contravention of clause (3) of the control order 1957 and also the instructions of the commissioner .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-20-2003
Reported in : 2003(6)ALT226
..... balu mahesh, pratyusha and sai krishna born on 8-4-1999, 28-4-1993 and 29-8-1996 respectively and, therefore, he incurred disqualification under section 19(c) of the act. he prayed the election tribunal-cum-junior civil judge, kollapur, mahbubnagar district to set aside the election of respondent no. 1.2. the first ..... respondent was elected as sarpanch by securing 3302 votes. the petitioner filed an election petition being e.p.no. 19 of 2001 under section 233 of the a.p. panchayat raj act, 1994 ('the act') read with rule 2(1) of the a.p. panchayat raj election tribunals in respect of gram panchyats, mandal parishads and zilla ..... unsubstantial grounds and irresponsible evidence, thereby introducing a serious element of uncertainty in the verdict already rendered by the electorate. an election is a politically scared public act, not of one person or of one official, but of the collective will of the whole constituency. courts naturally must respect this public expression secretly written .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-26-2003
Reported in : 2004(1)ALT406
..... assigned land. no doubt, the evidentiary details had been pointed out by both the counsel relating to the proof of the execution of ex.b-1. section 2(6) of the act defining 'transfer' reads:'transfer means sale, gift, exchange, mortgage with or without possession, lease or any other transaction with assigned lands, not being a ..... the induction of strangers to the family of assignee either during his lifetime or thereafter. as such, the words 'testamentary disposition' employed under section 2(6) of the act have to be understood that the assignee can execute a will choosing some of his family members to succeed to the assigned lands excluding one or ..... cultivation of the assignee and his family members, have to be read together and in this context, the definition of the word 'transfer' under section 2(6) of the act has to be tested including the exclusion of testamentary disposition from the said word 'transfer'. this exclusion of testamentary disposition from the word 'transfer' under .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-2003
Reported in : 2(2005)ACC228
..... person or that other person, a policy of insurance complying with the requirements of the m.v. act, therefore, section 146 of the act mandates that every motor vehicle shall be insured and without any such insurance, the vehicle shall not be allowed to be used. having regard to the ..... 7,500 kgs., it becomes light motor vehicle. however, as can be seen from the definition of 'motor vehicle' or 'vehicle' as given in section 2, sub-section (28) of the act, it is obvious that any vehicle which is mechanically propelled vehicle adopted for use upon roads whether the power of propulsion is transmitted thereto from an external ..... by itself, it is not a mechanically propelled vehicle, it becomes a motor vehicle for all practical purposes. it is appropriate here to consider section 146 of the motor vehicles act. according to this section, no person shall use a motor vehicle in a public place unless there is in force in relation to use of the vehicle by that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-18-2003
Reported in : 2003(2)ALD717; 2003(3)ALT56; 2003(2)ARBLR408(AP)
..... award before the court on 30- 12-1992. on 19-4-1993 the contractor filed a civil suit in o.s. no. 42 of 1993 under section 17 of that arbitration act, 1940, (the act for short) requesting the court to make an award the rule of the court. the trial court issued summons in the said civil suit to the ..... show that the government had definite knowledge about production of the award by the arbitrator before the court. in the case before the supreme court notice under section 14(2) of the act was served and further the court found that earlier knowledge about production of award imputed to the government was not established. therefore, in my considered opinion this ..... the filing of the award by the arbitrators before the civil court. in the above decision (reference no. 2) rendered by this court no notice under section 14(2) of the act was ordered by the civil court. as this court found that the petitioner therein had knowledge about the production of the award by the arbitrators before the civil .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-25-2003
Reported in : 2003(5)ALD231
..... sworn to speak the truth in a trial; one who attests a document; one that is cognizant of something by direct experience (section 137, indian evidence act);2. section 15(2), prov. immoral traffic (prevention) act].witness: witness may lie, either be mistaken themselves or wickedly intend to deceive others....but....circumstances cannot lie.5. even 'ramnath ..... lieu of chief examination contains various averments, which were not taken in the election o.p. the petitioner filed i.a. no. 270 of 2003 under section 151 of code of civil procedure, 1908 (cpc) praying the election tribunal to set aside the sworn affidavit of first respondent herein. the application having been ..... orderv.v.s. rao, j.1. the petitioner was elected as sarpanch of yellatur gram panchayat. his election was challenged under section 233 of a.p. panchayat raj act, 1994 (for short, the act), read with rule 2(1) of a.p. panchayat raj (election tribunals in respect of gram panchayats, mandal parishads and zilla parishads) rules, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-17-2003
Reported in : [2004]50SCL470(AP)
ordern.v. ramana, j.1. by this application filed under section 446(2) of the companies act, 1956 read with rules 9 and 11(b) of the companies (court) rules, 1959, the official liquidator representing the company in liquidation, namely m/s. sri krishna tulasi chit fund ( ..... may himself subscribe for the ticket and if a defaulted ticket of the chit will be dealt with subject to the bye-laws and the relevant provisions of chit funds act. the foreman, at his discretion, can waive the penalties partly or fully and also can postpone the removal in suitable and deserving cases. an expelled member may be readmitted on .....
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