Court : Andhra Pradesh
Decided on : Jul-23-2003
Reported in : 2004(1)ALD(Cri)215; 2003(2)ALT(Cri)496; I(2004)DMC56
..... law, based on the legal material placed, on record, arises out of a criminal appeal, filed by the sole appellant, against the sole respondent-state, under sub-section (2) of section 374, cr.p.c., 1973, questioning the validity and legality of the adjudications made by, and set forth in para 2, infra.2. judgment, dated 4.4 ..... prosecutor for the sole respondent-state relied upon : 2002crilj4095 , laxman v. state of maharshtra, delivered, inter alia interpreting section 32 of the evidence act, 1872,. and postulating the legal principles, inter alia, in respect of appreciation, acceptance and acting upon dying declaration, etc.35. the foregoing evidence of p.w. 12 read with ex. p. 20, and the ..... of the deceased at a very tender age of 17 years was lost due to the act of the accused, the foregoing material, etc. in my opinion, attract only the provisions of section 304-a, i.p.c., proving only rash and negligent act on the part of the accused, as against the deceased. inter alia also because .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-14-2003
Reported in : 2003(2)ALT338; (2003)182CTR(AP)264; [2003]261ITR408(AP)
..... manufacturing.15. in commissioner of wealth tax, madras v ramaraju surgical cotton mills (4 supra) the expression 'set up' in the principal clause of section 5(1)(xxi) of the wealth tax act came up for consideration. the supreme court in categorical terms held that a unit cannot be said to have been set up unless it is ready to ..... ltd [1973] 90 itr 151 the gujarat high court noticed the clear distinction between 'commencement of business' and 'setting it up' for the purposes of section 3(1)(d) of the income-tax act, 1961 (as it stood at the relevant time). what is required to be considered is the setting up of a business. it is observed that when ..... and all the expenses incurred after the setting up of the business and before the commencement of the business, all expenses during the interregnum would be permissible deductions under section 10(2).14. in the case on hand there is no finding by the tribunal as to when the assessee actually commenced the manufacture of cement as such. there .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-22-2003
Reported in : 2003(6)ALD94; 2003(5)ALT451; [2004]49SCL603(AP)
..... company court disposing of the company application with certain directions, had preferred the present original suit appeal under clause 15 of the letters patent read with section 483 of the companies act, 1956, hereinafter referred to as 'act' in short.2. the 1st respondent in the present appeal filed c.a.no. 1035/2002 in c.p. no. 14/87 in the matter ..... to effect transfer of the right in favour of m/s. venkata sai traders and the attempt to nominate m/s. venkata sai traders was only to enable it to act as the nominee/trustee of the appellant as the case may be. the events had been narrated in detail in the counter-affidavit and also the additional counter-affidavit filed .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-12-2003
Reported in : 2003(6)ALD139; 2003(5)ALT541
..... management relied upon certain instances of alleged irregularities that were committed by the petitioner in 1974. according to the learned counsel, if the petitioner has committed certain acts of irregularities in the year 1974, by which if the management had lost confidence in the petitioner, there is absolutely no justification in continuing him till 1985 ..... would be bad while in the case of a workman the order could be justified even in the course of adjudication before the appropriate tribunal under the industrial disputes act, even though no inquiry had been undertaken earlier'.in the case of l. michael v. johnson pumps ltd. (supra), the apex court, while considering the ..... under article 226 to issue a writ of certiorari with reference to an order passed by the labour commissioner under the provisions of the shops and establishment act, made the following observations:'the commissioner was certainly bound to decide the questions and he did decide them. at the worst, he may have come to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-04-2003
Reported in : AIR2003AP486; 2004(1)ALT493; III(2004)BC145
..... the prayer for setting aside abatement. if such application for setting aside abatement is made after 150 days, in that event, definitely an application under section 5 of the limitation act, would be necessary..........' 16. from the above discussion, this court is of the view that the limitation for a petition to bring the legal representatives ..... case, there is a delay in filing the petition to implead the legal representatives and though the court below insisted for filing of an application under section 5 of the limitation act, the petitioner did not even file the same. on the other hand, the petitioner stated that there was no necessity for filing such application. ..... to file the petition to set aside abatement within 150 days of the death of the 1st defendant and had also not filed the petition under section 5 of the limitation act and, therefore, dismissed the applications as barred by limitation. aggrieved by the said order, the present civil revision petition is filed. 6. for .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-19-2003
Reported in : 2003(6)ALD761; 2003(6)ALT529; I(2004)BC488
..... rangamma since the burden was not discharged. the learned counsel also had maintained that in the facts and circumstances of the case, the presumption available under section 118 of the negotiable instruments act, 1882, definitely cannot be drawn in favour of the deceased plaintiff. reliance was placed in g. vasu v. syed yaseen sifuddin quadri, 1987 ( ..... s. shiva raja ready v. s. raghu raj ready, : 2002(5)ald181 , the division bench of this court while dealing with section 100-a of the code, as substituted by amending acts 46/99 and 22/2002 dated 1-7-2002 had observed that right of appeal is not a mere matter of procedure, but is ..... obligation or liability acquired or incurred under any enactment so repealed.' since sub-section (3) of section 97 of the amendment act indicates a different intention, section 6 of the general clauses act cannot be pressed into service. my conclusion, therefore, is that the provisions of section 102 cpc, as amended in 1976, are retrospective and the second appeal .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-13-2003
Reported in : 2003(2)ALD(Cri)828; 2003(2)ALT(Cri)251; [2004]118CompCas89(AP); 2003CriLJ2197; 2003(89)ECC439; [2003]45SCL545(AP)
..... prejudice to any award of penalty by the adjudicating officer under this act if any person contravenes any of the provisions of this act (other than section 13, clause (a) sub-section (1) of section 18, section 18a, clause (a) of sub-section (1) of section 19, sub-section (2) of section 44 and sections 57 and 58), or of any rule, direction or order ..... file of the special judge for economic offences, at hyderabad, for certain offences under the provisions of the foreign exchange regulation act, 1973 ('the act'). he filed crl. m.p. no. 2606 of 2002 under section 245 cr. p.c. to discharge him.2. the case as pleaded by the petitioner before the trial court was ..... on the basis of certain information said to have been received by them, the enforcement directorate, government of india, have initiated enquiry under section 51 of the act. the enquiry under section 51 is quasi judicial in nature and on recording a finding, the adjudicating officer is empowered to impose the penalty provided for under .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-01-2003
Reported in : 2003(6)ALD257
..... of the document itself. the memo of partition thus required registration and not being registered could not be admitted in evidence under the terms of section 49, registration act. there was, however, involved in this transaction itself a collateral transaction, viz., that of the severance of the joint status which transaction by ..... registered instrument. a partition i.e., severance of joint status thus would be a collateral transaction, and would certainly fall within the proviso to section 49 of the registration act.' it is further observed:'..... .even though an unregistered deed of partition, as in the present case, is not admissible in evidence for ..... that of creating, declaring, assigning, limiting or extinguishing a right to immovable property. therefore a collateral transaction within the meaning of the proviso to section 49 of the act means a transaction other than the transaction affecting immovable property, but which is in some way connected with it. in ramlaxmi v. bank of baroda .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-14-2003
Reported in : 2003(1)ALD(Cri)727; 2003CriLJ2436
..... police. the deputy commissioner rejected the case of the petitioner and ordered confiscation of the vehicle to the state. the petitioner filed an appeal under section 13-c of the act before the third respondent, who by impugned order dismissed the appeal and confirmed the order of the deputy commissioner of prohibition and excise.4. in ..... and issued a show cause notice under section 13-a of the act. the petitioner submitted his explanation on 14.8.1999 generally denying his involvement in the offence and specifically pointing out that his driver as well ..... of c. belagal mandal. the sub inspector registered a case in p.r. no. 36/98-99 of prohibition and excise station, kodumur under section 8(b) of the act. the car and the arrack sachets were deposited in the absence of the second respondent.3. the second respondent initiated proceedings for confiscation of the vehicle .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-27-2003
Reported in : AIR2003AP358; 2003(3)ALT352
..... road transport authority (conditions of appointment and service) regulations, 1952. the said regulations were framed in exercise of the powers conferred under section 53 of the delhi road transport act, 1950, which enables the formulation of regulations. the said regulation deals with termination of service of an employee of the authority without ..... of recognising the agents for such purposes, according to the averments made in the counter affidavit, has resulted in widespread practice of authorised agents acting as intermediaries for collection of unauthorised money from the public for completion of various transactions. situation had reached to such a stage where on account ..... such rights were sought to be taken away with retrospective effect from 10-2-1967 under sections 2 and 3 (a) of the andhra pradesh educational service untrained teachers (regulations of services and fixation of pay) act, 1991, the said provisions were struck down by the supreme court as arbitrary, unreasonable and .....
Tag this Judgment!