Court : Andhra Pradesh
Decided on : Mar-25-2003
Reported in : 2003(3)ALD245; 2003(2)ALT636
..... extension of tenure up to three months pending completion of the procedures as prescribed in (d) above. added vide om no. 18(6)/98-gm dated 17.8.1998 (please sec item no. 4: at page 14) 2. all the administrative ministries/ departments are requested to take necessary action to implement the above decisions.' (d) to effectuate the decision in clause ..... his tenure till he completes the age of superannuation of 60 years. (c) the favourable recommendation of the pesb for extension of the petitioner's tenure was withheld and not acted upon on account of the inordinate delay of the 1st respondent in initiatingthe disciplinary action against him and for want of clearance from the central vigilance commission (c.v.c .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-30-2003
Reported in : 2004(1)ALD(Cri)201; IV(2004)BC367; [2004]122CompCas813(AP)
..... as a security and it cannot be construed that the accused had issued the cheque voluntarily in discharge of any debt or legal liability as envisaged under sec.138 of the act. to come to the said conclusion, there is no evidence on record to show that the accused has not voluntarily given the cheque as a security ..... complainant filed this appeal. the parties herein are referred to, as they are arrayed in the court below. 2.the complainant filed the complaint under sec. 138 of the negotiable instruments act (in short act), stating that the accused is having acquaintance with him since long time and in the month of december, 1996, the accused took hand loan of ..... complaint filed by the complainant in c.c.no.237 of 1997 on the file of iv metropolitan magistrate, hyderabad against the accused for the offence under sec. 138 of negotiable instruments act has been dismissed by the judgment dated 5-12-1997, holding that the complainant failed to prove the guilt of the accused and the cheque ex.p1 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-10-2003
Reported in : 2003(4)ALD313; 2004(1)ALT72
..... the collector issued a notification to bring the immovable properties held by the lessee to auction as if the lessee is in arrears of land revenue under section 36 of the a.p. revenue recovery act, 1864. questioning the said notification the lessee filed the present suit in o.s. no. 42/81 seeking rendition of accounts on the claim of the ..... request, on an appeal filed by his late father the senior member of the board of revenue, in exercise of the powers under section 3(3)(o) of the hyderabad abkari act read with section 6 of the board of revenue act, 1358f by his order dated 8-1-1951 in file no. 51/87/50 recommended to the government to grant remission of ..... who shall serve the demand and the time allowed for payment, etc. admittedly, before invoking the provisions of the a.p. revenue recovery act the lessee was not given a notice as contemplated under section 25 of the act. on this ground also the impugned notification suffers.17. it is also on record that as per in ex.a-11 dated 2-2 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-2003
Reported in : 2003(3)ALD57; 2003(3)ALT439
..... any division court, pursuant to section 108 of the government of india act made (on or after the 1st day of february, 1929) in the exercise of appellate jurisdiction in respect of a decree or order made in the ..... order made in the exercise of revisional jurisdiction, and not being a sentence or order passed or made in the exercise of the power of superintendence under the provisions of section 107 of the government of india act, or in the exercise of criminal jurisdiction) of one judge of the said high court or one judge of any division court, pursuant to ..... section 108 of the government of india act and that notwithstanding anything hereinbefore provided an appeal shall lie to the said high court from a judgment of one judge of the said high court or one judge of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-24-2003
Reported in : 2003(1)ALD(Cri)397; 2003(2)ALT(Cri)534; 2003CriLJ2631
..... a particular occasion only, as a broker employed to buy or sell certain goods, as auctioneer employed to sell property etc.16. to hold a person guilty of cheating under section 420 i.p.c., it is necessary to show that he had fraudulent or dishonest intention at the time of making the promise. a person can be said to have ..... be entrusted to him in such manner that he becomes subject, by contract, express or implied, or by force of law, to a certain duty in regard to it. 14. section 418 i.p.c. is extracted below:'cheating with knowledge that wrongful loss may ensure to person whose interest offender is bound to protect - whoever cheats with the knowledge that ..... . a mere failure to keep up promise cannot be presumed as an act leading to cheating. there is no allegation in the complaint that the accused had dishonest intention, i.e., deception, at the time of making the promise. therefore, the allegations prima facie do not attract the offence under section 420 i.p.c. 22. be that as it may, the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-21-2003
Reported in : 2003(3)ALD75
..... the decisions of the supreme court, as referred supra.23. in union of india v. m. v. valliappan, : [1999]238itr1027(sc) , creation of two distinct classes under section 171(9) of the income tax act by conferring benefit upon those classes who have partly partitioned their property prior to the cut-off date and not giving the same benefit to the others ..... cut-off date will be the first of january of the year concerned. on 23-7-1973 the chief secretary, government of haryana, in a matter relating to promotion of section officers in the irrigation department issued a clarification which reads as follows:commissioner of administrative department and chief secretary has reconsidered and decided that eligibility may be taken from the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-13-2003
Reported in : 2003(3)ALD31; 2003(3)ALT755
ORDERR. Subhash Reddy, J.1. This Writ Petition is filed seeking Writ of Certiorari to quash the proceedings in Memo No. CE/ENQ/DM.V/ 332-01/90-14, dated 25-7-1997 passed by the second respondent, i.e., Member Secretary, AP Electricity Board (presently A.P. TRANSCO) and sought for consequential direction to grant seniority, promotion and other benefits.2. The impugned order dated 25-7-1997 was passed by the appellate authority on the appeal filed by the petitioner herein, modifying the punishment from removal to that of reduction by 30 ranks in the seniority list of Assistant Engineers (Electrical). Few necessary facts for disposal of the Writ Petition are as under:3. The second respondent has initiated departmental action against the petitioner herein, who was working as Assistant Engineer, initially appointing one Mr. S. Prabhakaran, Divisional Engineer, Technical, as Enquiry Officer to enquire into the allegations of misbehaviour and abuse of the officials and other lapses/irregulari...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-11-2003
Reported in : 2003(6)ALD10
..... to suits shall be followed as far as it can be made applicable in all proceedings in any court of civil jurisdiction. no doubt, the explanation specifies that in this section the expression 'proceedings' includes proceedings under order 9, but does not include any proceedings under article 226 of the constitution. hence, the power of the court to appoint ..... be prescribed, the court may on the application of the decree-holder order execution of the decree by appointing a receiver. as can be seen from the language of section 51 of the code, different modes had been specified and one of the modes of execution may be by appointing a receiver also. the opening words of order ..... only and the said licence does not belong to j. ramarao and hence no receiver can be appointed. the learned senior civil judge, pithapuram, by exercising power under section 51(d) of the code and also taking into consideration the fact that certain amounts already had been paid and the rest of the amount is payable by the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-21-2003
Reported in : 2003(6)ALD635; 2003(6)ALT381
..... an order of this court on 17.1.1997 in c.m.p. no. 19701 of 1996. these parties filed the said application under order 1 rule 10 r/w section 151 c.p.c. praying for the relief that they should be added as party respondents as they are entitled to 1/11th share in the joint family properties and ..... , who are subsequently added, and whether these daughters are entitled to a share at all by virtue of the a.p. amending act, especially in view of the fact that the suit was instituted long prior to the amending act coming into force, are questions which cannot be decided in a second appeal merely because at the stage of the second appeal .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-28-2003
Reported in : 2003CriLJ4220; 2003(2)LS310
..... of suicide by the deceased merely because they treated the deceased with cruelty. the attention of calcutta high court was invited to the amended provision in section 113-a of evidence act regarding presumption of law. the high court held that the said provision must be regarded as ex post facto law having no retrospective operation. the ..... motive for her wife to commit suicide. he has absolutely no other version. therefore, there are no reasons not to draw any presumption as envisaged under section 113-a of evidence act that the suicide by the deceased was abetted by her husband - accused. no circumstances rebutting the presumption is brought to the notice of this court by ..... is thus clear that she committed suicide due to cruelty on the part of her husband and in view of the legal presumption to be drawn invoking section 113-a, evidence act, accused abetted the commission of suicide by his wife. 11. the learned counsel for the accused further contended that as the accused went to the rescue .....
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