Court : Andhra Pradesh
Decided on : Feb-17-2003
Reported in : 2003(3)ALD684; III(2003)BC430
..... rule shall apply to any pleader engaged to plead on behalf of any party by any other pleader who has been duly appointed to act in court on behalf of such party. 8. in n.satyanarayana v. y.venkata subbaiah, air 1957 a.p. 172 a ..... the code of civil procedure which deals with appointment of pleader and the said provision reads as hereunder: (1) no pleader shall act for any person in any court, unless he has been appointed for the purpose by such person by a document in writing signed ..... procedure dealing with appearances etc., may be in person by recognized agent or by pleader, reads as hereunder: 'any appearance, application or act in or to any court, required or authorized by law to be made or done by a party in such court, may, except ..... of decree or order in the suit, (b) an application under section 144 or under section 152 of the this code, (c) an appeal from any decree or order in the suit, and (d) any application or act for the purpose of obtaining copies of documents or return of documents .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-18-2003
Reported in : 2003(6)ALD491; 2003(6)ALT118; II(2004)BC293
..... it to k. narasimhulu naidu, a partner in the appellant-firm, and having come to know that he is entitled to the benefit under a.p. agricultural indebtedness relief act (act 7 of 1977) ramaiah chetty received rs. 1,100/- from him and towards the said promissory note executed in favour of duddu ramaiah chetty and got fresh entry made ..... decreed the suit. on appeal by the respondent, the learned additional subordinate judge, chittoor allowed the appeal holding that the debt due to the appellant stood abated under act 7 of 1977 and dismissed the suit. it also held that the entry in the day book marked as ex.a-1 requires stamp duty and penalty. aggrieved thereby ..... contention of the learned counsel for the appellant is that the lower appellate court was in error in holding that the respondent is entitled to the benefits of the act 7 of 1977 when the transaction between the parties relates to supply of jaggery. it is his contention that the lower appellate court erred in holding that ex.a .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-06-2003
Reported in : 2004(2)ALD578; 2004(4)ALT553
..... put in less than two years of service with the tribunal or(ii) if he has been removed from an office in the tribunal under sub-section (2) of section 9 of the act.(2) pension under sub-rule (1) shall be calculated at the rate of rupees seven hundred per annum for each completed year of service or ..... the same is liable to be dismissed.9. the government of india in exercise of the powers conferred by subsection (1) read with section (c) of subsection (2) of section 35 of administrative tribunal act (central act 13 of 1985) made the rules called the andhra pradesh administrative tribunal (salaries and allowances and conditions of service of chairman, vice-chairman ..... court under a. p. land grabbing (prohibition) special court chairman and members (conditions and services) rules, 1996 (for short 'rules'). the said rules were framed under section 16(1) of the act and notified in g.o. ms. no. 176 revenue (a&r;) department dated 13.2.1996. under rule 3 of the rules, the chairman shall receive pay .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-28-2003
Reported in : 2004(1)ALD397; 2004(4)ALT47
..... the definition of 'district magistrate' clearly showed that in addition to the district magistrate, only an officer specially authorized by him could act under the eviction act, and he referred to subsection (2) of section 1 of the code of criminal procedure, which provided;'it extends to the whole of british india; but, in the absence of ..... noted the argument which was made before it.'the argument was that the special jurisdiction created by the eviction act was not affected by section 10(2) of the code, in view of the provisions of this sub-section. the argument overlooks the words 'in the absence of any specific provision to the contrary', and because ..... there is in the code of criminal procedure such a provision in section 10(2), sub-section (2) of section 1 is excluded, and an additional district magistrate must be regarded as possessing the powers under any other law including the eviction act,'in para-9 the supreme court laid down:'the argument that the district magistrate .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-24-2003
Reported in : 2004(3)ALD567; 2004(4)ALT69
..... , we find the observations runs contrary to the rules. such stray observations though not binding on the government, yet, with an intention to respect and regard those observations, acts upon the same and falls in the trap. and what has actually happened in this case. taking clue from the observations, the government appears to have issued g.o. ..... 4) of a.p. state and subordinate rules. it was a fatal observation and that it is brought to the notice of this court that government had solely acted on that said observation and issued g.o. ms. no. 611, dated 14.9.2001 which is again subject-matter of challenge in separate batch of cases presently ..... be disturbed by the government even by invoking rule 47. under (hose circumstances, we are of the considered view that the very observation of the tribunal which was acted upon by the government is wholly misplaced, inapt and unwarranted. it is also brought to our notice that the commissioner of prohibition and excise was finding difficulty to assess .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-12-2003
Reported in : 2004(4)ALD438
..... objection to the very execution of the said decree by the said court on the ground that rule 35 of the andhra pradesh agency rules, 1924 framed under section 6 of the scheduled districts act, 1874 (in short rules) would operate as a bar and unless the said procedure is followed, though the decree was passed by the learned senior civil judge ..... to say that ordinarily when a decree is passed by the competent court, the said court or any other competent court would have definitely jurisdiction to execute the decree.5. section 38 of the civil procedure code deals with the execution of decree, which specifies that a decree may be executed either by the court which passed it or by the court to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-15-2003
Reported in : 2004(1)ALD834
..... , on the ground that the learned subordinate judge having held that the civil court has no jurisdiction and the special tribunal under a.p. land grabbing (prohibition) act (hereinafter be referred to as act) alone has got jurisdiction to try the suit, should have transferred the suit to the competent land grabbing tribunal to try the same, instead of dismissing the suit .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-30-2003
Reported in : 2003(4)ALT333
ORDERL. Narasimha Reddy, J.1. The petitioner was appointed as a junior lecturer in History in Andhra Kesari Tanguturi Prakasam Satajayanthi Junior College, Dumpagadapa, Bhimavaram, West Godavari District, (hereinafter referred to as 'The College') vide proceedings dated 14-11-1973 of the President and Correspondent. His date of birth was recorded in the service register as 18-1-1943 on the basis of the date of birth as entered in the S.S.L.C. register. He studied S.S.L.C. in R.C.M. Elementary School, Palaconda, Srikakulam District. According to the petitioner, his actual date of birth was 18-4-1945 and on account of a clerical mistake it was entered as 18-1-1943.2. The petitioner states that he made representation as early as on 8-12-1973 to the Director, School Education, Government of A.P., Hyderabad for correction of the date of birth and that after prolonged correspondence, the correction was made in the S.S.L.C. register. He filed this writ petition seeking a declaration that the ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-15-2003
Reported in : 2003(4)ALT460
ORDERV.V.S. Rao, J.1. The petitioner appeared for Educational Common Entrance Test 2002 (EdCET-2002), She got 1108 rank, and she was admitted to B.Ed., in Yarra Krishna Murthy College of Education, Maripivalasa, Sitanagaram Mandal. Vizianagaram District. She paid requisite fee, submitted her original certificates and joined B.Ed, course.2. Andhra Pradesh State Council for Higher Education (APSCHE) issued notification in the newspapers informing all the concerned that National Council for Teacher Education (NCTE) has sanctioned some new B.Ed., Colleges for the academic year 2002-2003, that the Government have decided to fill up seats in the new colleges and applications were invited. A rider was added in the Notification in bold letters to the effect that candidates who have already taken admission in any one of the existing colleges are not eligible for admission into the newly sanctioned B.Ed., colleges. The petitioner who believes that she would get a better seat in one of the new co...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-25-2003
Reported in : 2004(1)ALD778
..... initiated by the special deputy tahsildar, k.r. puram, before the special deputy collector (tribal welfare), k.r. puram, west godavari district, against various individuals under section 3 of the a.p. scheduled areas land transfer regulation, 1959 (regulation no. 1 of 1959) (for short 'the regulations'). the allegations in these proceedings were ..... , such power ceases to be available to him once the special deputy collector exercises the same. in such cases, the agent to the government can act only as an appellate authority, but not as original authority. it is settled principle of law that where concurrent powers are conferred on various authorities, ..... a century. even during alien rule, special enactments, such as, the scheduled districts act 1874, the agency tracts interest and land transfer act 1917, etc., came to be made. special provisions were contained in the government of india act 1935 in respect of scheduled tribes. the constitution of india has contained specific provisions, such .....
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