Court : Andhra Pradesh
Decided on : Aug-25-2003
Reported in : 2004(1)ALD645; III(2004)BC125
..... against the petitioner to cast any responsibility as such nor are there any such reasons given by the court below while dismissing the application. section 152 c.p.c. reads as under:'152. clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any ..... at any time. there is no dispute as to the fact that there is no prescribed period of limitation for filing an application under section 152 c.p.c. further, it is well established that the court has got ample powers, inherent or otherwise as prescribed under the ..... , unintentional, something unforeseen and unexpected and casual. further an effect is said to be accidental when the act by which it is caused is not done with intention or causing it and when its occurrence as a consequence of such ..... act is not so probable that a person of ordinary prudence ought, under the circumstances in which it is done, to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-01-2003
Reported in : 2003(2)ALD(Cri)1; 2003(4)ALT356; 2003CriLJ3350
..... 7. the petitioner thereafter filed cri. m.p. no. 793 of 1999 in c.c. no. 165 of 1996 in the court of the judl. first class magistrate, asifabad under section 452 of cr.p.c. for return of the said amount. the said petition was dismissed by the learned magistrate vide order dt. 29-4-1999 expressing (the practical difficulty ..... . no. 165 of 1996 registered against the petitioner herein and her family members by the judgment dt. 7-9-1998 acquitting the petitioner and others for the alleged offence under section 182 of ipc as not proved. in the process, the learned judl. first class magistrate, asifabad directed the unmarked amount of rs. 75,000/- to be returned to the ..... was lost.4. a report was lodged at the police station and a crime was registered in cr. no. 2/96 against one venugopal and others for the offence under sections 324 and 323 of ipc. during the course of investigation, the police suo-motu registered another crime in cr.no. 9/96 against the petitioner and her family members alleging .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-28-2003
Reported in : 2004(1)ALD440; 2004(4)ALT1
..... the same earlier at the relevant time.7. no doubt, the said decisions were rendered interpreting order xiii rule (2) of the code, which has been omitted and substituted by act 46 of 1999 with effect from 1-7-2002. but, as at present, order viii rule 1a (3) of the code provides that a document which ought to be produced .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-18-2003
Reported in : 2004(1)ALD581; 2004(4)ALT573
..... the justice and further its ends; not a penal enactment for a punishment and penalties; not a thing designed to trip people up. too technical a construction of sections that leaves no room for reasonable elasticity of interpretation should therefore be guarded against (provided always that justice is done to 'both' sides) lest the very means ..... time, the court may pass a conditional order directing the defendant to file the written statement on or before a particular date. however, under the amended provisions of section 148, the court can enlarge the time, time to time for a period not exceeding thirty days in total. if for any reason if the court passes ..... provision to meet a particular situation. it is now well settled that inherent powers of the court under section 151 of the code cannot be invoked where there is an express provision for doing or omitting to do a particular act.20. for the reasons hereinabove discussed, in my considered view, in appropriate cases the court can extend .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-10-2003
Reported in : 2004(4)ALD551
..... to the partition deed dated 25-8-1957 and the suit praying for the relief of cancellation should be instituted within three years, as per article 59 of the limitation act, 1963 which reads as under:-------------------------------------------------------------------------description of suits period of time from which periodlimitation begins to run-------------------------------------------------------------------------59. to cancel or set three when the facts entitlingaside an instrument years ..... judge, kadapa at proddatur. in that view of the matter, the relief of cancellation should have been prayed for within three years by virtue of article 59 of the limitation act 1963. the learned counsel also submitted that, even otherwise the discretion had been exercised properly by the learned ii additional district judge, kadapa at proddatur. since the learned judge had .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-07-2003
Reported in : 2003(4)ALT596
..... , which arise for determination in the present appeal. at the time of admission of this appeal, the learned admission judge merely passed an order admitting the appeal. as required under section 100(4) c.p.c. no substantial question of law was formulated at the time of admission of this appeal. it is mandatory for the court to formulate a substantial .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-16-2003
Reported in : 2003(5)ALT396
..... . the said plaintiffs in yet another suit o.s.no. 174/88 on the file of junior civil judge, bheemunipatnam filed i.a.no. 1414 of 1998 under section 10 r/w. section 151 c.p.c. praying for the stay of proceedings on the ground that the subject matter of the property being one and the same and inasmuch as s .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-14-2003
Reported in : 2003(4)ALT591; (2003)182CTR(AP)625; [2003]261ITR611(AP)
..... can invoke his supervisory jurisdiction only in special cases to correct orders which are subversive of the administration of revenue.16. the plain language employed in section 25(2) of the act, with which we are concerned for the present, does not admit of any such interpretation. it is fairly well settled that a taxing statute cannot ..... endorse the view of the commissioner. 13. the question is whether the view expressed by the tribunal is based on a correct understanding of enabling provisions of section 25(2) of the act and the nature of the order passed by the commissioner.14. the madras high court in venkatakrishna rice company v c.i.t., : [1992]198itr611 ..... the result, the tribunal came to the conclusion that the order of the commissioner does not satisfy the requirements and basic ingredients for invoking his jurisdiction under section 25(2) of the act, that is to say, error and prejudice have not been established. 10. in order to consider and express our opinion in the matter it would .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-09-2003
Reported in : 2004(4)ALD282; 2004(5)ALT348
..... collusion. their lordships observed:'however, we do not think that the plaintiff can get out of the difficulty arising from rule 5 in this way. section 116, evidence act, seems to be the answer to this argument also. that rule, as i have said, prevents a tenant from denying the title of the landlord at ..... or satisfaction of the decree shall be determined by the court executing the decree and not by a separate suit. the scope of section 47 of code of civil procedure was considered by the honourable supreme court in merla ramanna v. nallaparaju and ors., : [1955]2scr938 . having surveyed the case law ..... and 267/1981 are not sustainable in law and the same is set aside. accordingly, these suits filed by the late lingala venkataratnamma are dismissed.33. nextly, under section 47 of code of civil procedure, all questions arising between the parties to the suit, in which decree was passed on their representatives and relating to the execution discharge .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-02-2003
Reported in : 2003(4)ALT87; III(2003)BC289; [2003]115CompCas66(AP)
..... the apex court was pleased to hold that the said alteration is a material alteration. the above two judgments are not rendered interpreting the provision in section 87 of negotiable instruments act. except these two decisions, no other decision is relied upon by the learned counsel for the appellant. as already pointed out, these two decisions do ..... earlier decisions of this court. this court in a decision reported in venkata subbayya v. viswanatham, 1971 (2) alt 244 interpreting the provision in section 87 of negotiable instruments act held that any alteration in a receipt is not an alteration made in a negotiable instrument and it is an alteration made in a document called receipt ..... . this court further held that the suit pro-note cannot be regarded as having been materially altered or even altered to attract the provisions of section 87 of the act simply because payment endorsement is found to be spurious, when no reliance was placed upon it by the plaintiff for saving the suit from the .....
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