Court : Andhra Pradesh
Decided on : Dec-01-2003
Reported in : 2004(5)ALD72; 2004(5)ALT808
..... a final order passed in the proceedings.the code of civil procedure, 1908 has not been specifically made applicable in relation to a proceeding under the said act.both sections 4 and 141 deal with procedure and procedure alone. they do not confer any substantive right not expressly given elsewhere by the code. it is now well ..... o.p. nos. 549 of 1998 and 550 of 1998 were filed on the file of the chief judge, city civil court, hyderabad under section 11 of act 1 of 1350fasli and section 11 dealing with the dispute regarding management is specified as hereunder:'77. dispute regarding management :--in the event of any dispute arising among the managing ..... v. cambridge cricket club (supra), the learned judge while dealing with a batch of civil revision petitions arising out of interlocutory orders made in ops filed under section 23 of the act, has placed reliance on satyavart sidhantalankar v. arya samaj, air 1946 bombay 516, yusuf beg v. the board of foreign missions the presbyterian church of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-04-2003
Reported in : 2003(2)ALD476; 2003(2)ALT511
..... application before the special tribunal under sub-section (1) of section 7a of the act and as well as under sub-section (1) of section 8 before the special court. every application to be filed before the special court or the special tribunal, as the case may ..... grabbed shall be binding on all persons having interest in such land.48. the government of andhra pradesh, in exercise of the powers conferred by sub-section (1) of section 16 of the act made the rules known as a.p. land grabbing (prohibition) rules, 1988 (for short 'the rules'). the rules provide for procedure for making ..... without any legal entitlement. in view of those findings the special court held that the petitioners herein are land grabbers within the meaning of section 2(d) and (e) of the act. the petitioners were accordingly directed to vacate the application schedule land and deliver its vacant possession to the respondent no. 1 - society within .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-26-2003
Reported in : 2003(5)ALD725
..... jaggery' as a commodity, cannot be used for any other purpose, except for manufacture of intoxicant and, as such, it falls within the expression 'material' under section 13(1)(f) of the act.19. the learned counsel for the petitioners has tried to impress upon this court that, had the fact that 'black jaggery' can be put to other uses ..... d) as held by the supreme court in nasu sheikks case (supra) if the f.i.r. shows the ingredients of offence under section 34(e) read with section 13(f) of the excise act, a person cannot be heard to say in high court that he is carrying on business or transporting black jaggery either because he is ..... order, 1961 (hereinafter referred to as the control order') issued by the government of india, in exercise of the powers conferred on it under section 18(c) of the industries (development and regulation) act, 1951. the control order provided for obtaining of licences and permits by those who undertake trade in molasses. the control order was, however, rescinded .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-02-2003
Reported in : 2003(5)ALD816
..... for shops has been framed out or leased by a local authority, cannot be treated as a tenant. a tenant is conferred with certain rights and privileges under the rent act. sections 4 - 7 deal with fair rent and increase of such rent by the landlord. every tenant who makes payment on account of rent shall be entitled to obtain a ..... right. the statute recognized such right as an absolute ownership subject to condition that he has to pay compensation for such vesting in the land. under sub-section (4) of section 40 of telangana tenancy act, the interest of a protected tenant in the land held by him as a protected tenant shall form 60% of the market value of all the ..... city civil court. the said o.p. is still pending.5. an extent of 1941 sq.yds. was again acquired by issuing a notification under sub-section (1) of section 4 of the land acquisition act on 20-8-2002. the land acquisition proceedings are pending and an award is yet to be passed. the petitioner alleges that being a 'tenant' under .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-12-2003
Reported in : 2003(6)ALD261; 2003(5)ALT613
..... the entire stock of the specified liquor, which was in the possession of any holder of a permit or licence which stood terminated under the provisions of this act. section 4 enacted a declaration that the right to carry on wholesale trade and distribution of indian liquor, foreign liquor, wine and beer vests in the state on ..... the governing legal architecture, is the question?68. the distillery rules, 1970 were made by the state in exercise of the rule making powers under section 72 of the excise act. rule 9 enables the government to accord sanction for establishment of a distillery when it is satisfied of the proposed scheme of an applicant and prohibits ..... or toddy and includes an operation for bottling of such liquor;(h) 'licence' means a licence granted for construction and working of a distillery under sections 13 and 16 of the act; and the work 'licensee' shall be construed accordingly;' 48. rule 9 ordains that a distillery licence shall be granted only to an applicant having sanction .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-25-2003
Reported in : 2003(6)ALD357; 2004(2)ALT785
..... extend up to six months and with fine which may extend up to five thousand rupees.'for suspension of the licence, the respondents rely on their power under section 31 of the act.11. from a reading of the provisions and clauses referred to above, it is evident that there is nothing to indicate that a licensee is required to ..... prima facie failed to implement the rmrp rates and has violated the licence conditions wilfully.hence, by virtue of powers vested in me under section 31 of a.p. excise act, 1968 being the licensing authority, i, a.v.v.s.n. murthy, prohibition and excise superintendent, krishna district, suspend the licence in form il- 24 ..... brand namebmp raters.sale raters.1.vin malt whisky 180ml25.5026.002.heywards 5000 beer, 650ml52.0055.00hence a case in cr.no. 100/2003-2004 under section 41 of a.p. excise act, 1968 was registered in mylavaram prohibition and excise station against the salesman and released on bail.therefore, the licensee of m/s.red lips wines has .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-23-2003
Reported in : 2003(5)ALD432
..... university is an educational institution and, therefore, it has to obtain necessary permission and affiliation from the competent authority. reliance is placed on section 20 of the education act and rules 1(2) and 4 of the higher education rules.4. per contra, the learned counsel for the first respondent, sri k ..... person who establishes an educational institution except in accordance with the provisions of the education act is liable for penal action as per sub-section (4) of section 20 of the act. be that as it is, sub-section (1) of section 20 requires every competent authority to conduct survey and identify educational needs of the ..... declaration that the action of the dravidian university in offering b.sc., degree courses is illegal and contrary to the provisions of section 20 of the a.p. education act, 1982 ('the education act') and the statutory rules known as a.p. educational institutions (establishment, recognition, administration and control of institutions of higher education) .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-18-2003
Reported in : 2003(6)ALD686
..... the town or village which had been growing in size because of its commercial, industrial, educational, religious or any other kind of importance or because of its explosive population;(ii) the suitability of the acquired land for putting up the buildings, be they residential, commercial or industrial, as the case may be;(iii) possibility ..... an extent of ac. 105-92 cents was acquired by the vizagapatnam harbour authority in february, 1928 for execution of anti-malarial works. while referring to section 23 of the act, the privy council observed:'the compensation must be determined therefore, by reference to the price which a willing vendor might reasonably expect to obtain from a ..... , air 1967 sc 465, the supreme court reiterated to principle in the following words:'market value on the basis of which compensation is payable under section 23 of the act means the price that a willing purchaser would pay to a willing seller for a property having due regard to its existing condition, with all its .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-27-2003
Reported in : 2004(1)ALD99; 2003(6)ALT594
..... 103 file no. 1/2. awakaf department, 1345 f (10th october, 1934). regarding the payment of wakf board fund, ex.a-112 is the notice under section 46 of the 1954 act by the wakf board to the trust demanding payment of contribution and exs.a-110, 113, 114, and 115 are some of the letters addressed by the secretary ..... covered by ex.b-16 dated 16-3-1989 notifying the list of shia wakfs situated in hyderabad city of telangana region surveyed under section 4 (iii) of the act and published under section 5(2) of the 1954 act. the learned counsel also submitted that the first respondent-trust did not find place in this gazette (ex.16), therefore, it ..... those cases on the ground that the rent controller has no jurisdiction over the wakf properties. thereafter the first plaintiff got issued legal notices under section 106 of the transfer of property act to all the defendants-tenants terminating their tenancies and demanded to pay the arrears of rent and called upon them to vacate the suit mulgis as .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2003
Reported in : 2004(1)ALD419; 2004(2)ALT41
..... commission and the resultant ppa and the conditions therein are binding on the 1st respondent, it is necessary to look into the provisions of the act.34. section 21 of the reforms act deals with the restrictions on licensees and generating companies. the said provision is extracted as under for ready reference;(1) no licensee or generating ..... (2), (3), or (4) unless made with or subject to such consent as aforesaid, shall be void. 35. clause (b) of sub-section (4) of section 21 of the reforms act postulates that the licensee - transco may enter into agreement for the purchase of electricity from a generating company, only with the consent of the commission and subsection ..... in other words, the 1st respondent had the knowledge that the ppa was entered into only pursuant to the sanction given by the commission under section 21(4)(b) of the reforms act. in such a case, the agreement that is entered into between the petitioner and the 1st respondent should be understood as consequential to the .....
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