Court : Andhra Pradesh
Decided on : Apr-04-2003
Reported in : 2003(4)ALD578; 2003(5)ALT157
..... prescribing the land as wet land, in which event the petitioner would not fall within the definition of landless poor person as per explanation to sub-section (2) of section 82 of the endowment act. the contention of the respondents that it is a wet land is not specifically denied in any of the pleadings. however, across the bar, an ..... cultivating tenant (other than a landless poor person) duly informing him that the lease held by him stood cancelled by virtue of the provisions in sub-section (1) of section 82 of the act, and that the leasehold rights in respect of the said lands are proposed to be leased out as per rules and calling upon him to forthwith ..... such an event the sale of land can be effected otherwise than by tender-cum-public auction. 12. in exercise of their power conferred under section 82(1) of the endowment act read with sub-section (1) of section 153, the government vide g.o. ms. no. 379, revenue (endowments-i) department, dated 11-3-2003 promulgated a.p. charitable and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-19-2003
Reported in : 2004(3)ALD851; 2004(4)ALT237
..... this court in raj kishan pershad and anr. v. joint collector, r.r. district, : 2001(3)ald469 .5. the revision petitioners filed the application under section 32 of the act for restoration of possession of the land situated in s.nos.830 and 852 of medchal village. the mro observed that one khaita chandraiah was the permanent tenant ..... of the disputed land from the landlords and transferees of landlords?point :4. it is an undisputed fact that the rdo, medchal granted a certificate under section 38e of the act to the petitioners' father on 22-1-1982 regarding the land in question as protected tenants. respondents 1 to 5 are landlords. respondents 6 to 8 ..... tenant over the lands in question. they are the legal representatives (l.rs) of chandraiah. the revenue divisional officer (rdo), east division granted patta certificates under section 38e of the act vide file no. h/12100/82 dated 22-1-1982. on filing the appeal against granting of the said patta, the joint collector through the order dated .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-24-2003
Reported in : 2004(3)ALT731
..... to the first plaintiff and accordingly theland was surveyed. the first plaintiff alsopaid cysts due to devasthanam andsubsequently to the government. he alsosubmitted a declaration under section vi ofcentral act 33 of 1976 and the specialofficer and competent authority, urbanland ceiling, visakhapatnam issuedproceedings in cc no. 4281 of 1976 dated17-11-1977.6. while that being ..... religious institutions, patta has to be granted to the institutions but not to the cultivator. peculiarly, he granted a patta to the defendants. under section 4 of the act, the distribution of the land in the ratio of 1:2 does not arise in respect of land owned by the institution and it applies in ..... is also binding on the first plaintiff as he participated in the proceedings and filed his objections. the present suit is barred by section 14 of the ap inams abolition act and the said order operates as res judicata and the plaintiffs are estopped from questioning the said order passed by the mandal revenue officer .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-21-2003
Reported in : 2004(2)ALT355
..... beautifying, promoting attractiveness or altering the patterns, and includes any, article intended for use as a component of cosmetic.similarly, definition of 'drug' in section 3(b) of the act is an inclusive definition which is as under: 'drug' includes-(i) all medicines for internal or external use of human beings or animals and all substances ..... ' and not as cosmetics' under the relevant provisions of the act. 'cosmetic' is defined under section 3(aaa) of the act to mean:'cosmetic' means any article intended to be rubbed, poured sprinkled or sprayed on or introduced into, or otherwise applied to the ..... 106 (1) of the drugs and cosmetics rules, 1945 (hereinafter referred to as 'the rules') read with schedule j and section 3(b) of the drugs and cosmetics act, 1940 (hereinafter referred to as 'the act'. petitioner's claim is that such fairness products manufactured by respondent nos. 5 and 6 deserve to be classified as 'drugs .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-2003
Reported in : AIR2003AP275; 2003(2)ALD742
..... being opened or undergoing a perceptible modification. the expression 'package' shall be construed as a package containing a pre-packed commodity. explanation (i) of section 2(1) of the act further elaborates that even though the package containing the commodity is opened for testing commodity and even if no alteration is caused to the name, quantity ..... number of the commodity contained in the package. each package shall bear the name of the manufacturer, and also of the packer or distributor. sub-sections 1 to 4 of section 39 of the act are relevant and they read as under.39. quantities and origin of commodities in packaged form to be declared : - (1) no person shall ..... pradesh visited the petitioner on 9.10.1996 and seized five boxes containing five euroclean vacuum cleaners alleging that the petitioner has contravened the provisions of section 39 of the act read with rules 23(6) and 23(7) of the rules. the petitioner received notice on 31.1.1997 informing that prosecution would be launched .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-24-2003
Reported in : 2006(4)ALD807
..... same would disable the petitioner from proceeding with the construction. the relevant fact is that when the commissioner takes decision either under section 212 or section 213 read with section 215 of the act, the petitioner filed a suit before the civil court as there is cloud on his title. learned senior counsel also submits that ..... to grant a direction to the commissioner to grant permission.19. as already pointed out, the second has to be appreciated with reference to section 215 of the act. the said section deals with grounds on which approval of the site or licence to construct or reconstruct a building may be refused. it reads as under ..... the petitioner after obtaining legal opinion.10. learned senior counsel sri e. manohar, appearing for the second respondent contends that the grounds mentioned in section 215 of the act would enable the commissioner to refuse permission. the commissioner may refuse permission for one or more grounds. when the matter regarding title of rival claimants .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-12-2003
Reported in : 2004(1)ALD(Cri)596; IV(2004)BC244
..... . the case was taken on file as c.c. 215 of 1998 and when the accused was examined for the offence punishable under section 138 read with section 142 of the n.i. act under section 239 of the code of criminal procedure, he denied the same.4. on behalf of the complainant 2 witnesses were examined and 10 ..... file of the court of judicial first class magistrate, gadwal whereunder the accused-respondent no. 1 herein was acquitted for the offence punishable under section 138 read with section 142 of the negotiable instruments act on two grounds. firstly, that the complainant-appellant failed to establish that the cheque in question was issued by the accused towards discharge ..... case, imposition of fine would be sufficient to meet the ends of justice.19. in the result, the accused is convicted for the offence punishable under section 138 of the negotiable instruments act and sentenced to pay a fine of rs. 5, 000/-, in default, to undergo simple imprisonment for one month. the fine amount imposed by .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-04-2003
Reported in : 2003(6)ALD562; 2004(1)ALT195; 2004(1)ARBLR319(AP)
..... of this court in nilkantha shidramappa ningashetti v. kashinath somanna ningashetti, while considering the requirements of service of notice under section 14 of the act opined: 'sub-section (1) of section 14 of the arbitration act, 1940 (act x of 1940 requires the arbitrators or umpire to give notice in writing to the parties of the making and signing ..... the court has to look into the award as a whole while appreciating whether it is vitiated by any one of the grounds specified under section 30 of the act. section 30 of the act reads as hereunder:'an award shall not be set aside except on one or more of the following grounds, namely:- (a) that an ..... shidramappa ningashetti v. kashinath somanna ningashetti and ors., 1962 (5) scc 400, a four judges bench while considering sub-section (2) of section 14 of the act held as follows: 'sub-section (1) of section 14 of the arbitration act, 1940 (x of 1940) requires the arbitrators or umpire to give notice in writing to the parties of the making .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-17-2003
Reported in : 2004(4)ALD307; 2004(3)ALT665
..... against him. similary, a division bench of the punjab and haryana high court in bhagwan dass v. bhishan chand and ors., , drew a presumption under section 114 of the evidence act against a party who did not enter into the witness box.'the supreme court has categorically stated in the aforesaid decision that presumption has to be drawn under ..... the execution in a particular form is prima facie proof that the document was executed by the signatory, because, normally, it has to be presumed under section 114 of the evidence act that a person only puts a signature in a document in token of his execution thereof. but the present one, it seems to us, is an ..... giving the title deeds will only show and probabilise that they executed guarantee deeds and defendants 2 and 3 are prepared to stand as sureties. section 58 of the transfer of property act, 1882 says that where a person delivers to a creditor or his agent documents of title to immovable property with intent to create a security thereon .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-2003
Reported in : 2004(4)ALT609; 2005(3)ARBLR485(AP)
..... the principal civil court of original jurisdiction means the district court inasmuch as the district judge is the presiding officer of that court. both the provisions (section 3(17) of general clauses act and section 2(4) of cpc) make it manifest that a district court in a district is the principal civil court of original jurisdiction. when the court ..... either at nalgonda, or at hyderabad, obviously the same court can enforce the award as if it were a decree passed by that court having regard to section 36 of the act.'in view of the same, i have no hesitation in holding that the entertainment of the e.p. by the senior civil judge, at puttur is without ..... question in controversy now to be decided is whether the senior civil judge, puttur is empowered under law to entertain the e.p. or not.6. section 2 of the act deals with definitions and section 2(1)(e) defines 'court' as:'in this part, unless the context otherwise requires, 'court' means the principal civil court of original jurisdiction in .....
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