Court : Andhra Pradesh
Reported in : AIR1959AP471
..... the constitution and since they are inconsistent with the constitution, they should be declared void and inoperative. section 5 of act xix of 1933, though curtailed the right of the mahant, has preserved it in a restricted form and since even that right was destroyed by the latter enactment ..... and for all.23. it is next argued by him that if that clause was susceptible of any other interpretation the legislature would not have said in section 5(2) of act xix of 1951 that 'the repeal shall not revive the arrangement made by the government in 1843 for the management of the tirumalai-tirupati devasthanams or the ..... right guaranteed to the petitioner and his predecessors under article 19 of the constitution. the attack mainly centred against section 6 of act xix of 1933 and section 5 of act xix of 1951. the argument pressed upon us is that section 5 has deprived the mahants of a fundamental right which enured to them by reason of chap. iii of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP413
..... via stall girls' high school. on receipt of this application the regional transport authority gave notice on 26-5-1956 of the variation under section 47(1) of the act, among others to the petitioners inviting representations by those affected or interested on or before 14-6-1956. pursuant to this notice, representations were ..... subordinate'. the transport commissioner is constituted the head of the department of transport, which is the motor vehicles department, directed to be constituted under section 133-a of the act. it is incontrovertible that the head of a department of the government is a person who is a superior officer having the control of ..... and old guntur in respect of their buses adg 2246 and adg 919 respectively. after following the prescribed procedure the applications were notified under section 57(3) of the m.v. act 1939. notwithstanding the fact that no objections were received with reference to this notification, the regional transport officer, guntur, in his proceedings l .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP495
..... ) for cancellation of a document to which the plaintiff is a party, and (2) for possession.6. in a case of this kind, it is not section 7(v) of he court-fees act but only section 7 (iv-a) that is applicable. that has been laid down in balireddi v. hatipulal sab, 69 mad lj 458 : (air 1935 mad 863). that view ..... . the concession of a fourth of the market value is not available in other cases dealing with exchanges and the full value has to be paid under section 7 (iv-a) of the court-fees act. the lower court was right in demanding the court-fee on the full value of the a schedule as determined by the commissioner. 13. the civil ..... in money ..... fee shall be computed on the value, of the subject-matter of the suit.'the learned advocate for the petitioner while conceding that section 37(1) of the andhra court-fees and suits valuation act has application to this case would interpret the subject-matter of the suit to be merely the difference in the valuation. he relies on sundara .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP493
..... .7. before we deal with the respective contentions of the parties, it is useful to refer to the relevant provisions of the state re-organisation act (37 of 1956). section 113 of the act is in these words ;'the central government may, in respect of the institutions of the categories specified in the sixth schedule located in a new ..... period it is not open to either governments to withdraw it before the expiry of the said period. the answer of the learned government pleader is that section 21 of the general clauses act (act x of 1897) empowers the government concerned to rescind any order or notification which has been made by the state government ..... . section 21 is in these terms :'where, by any central act or regulation, a power to issue notifications,, orders, rules, or by-laws is conferred, then that power includes a power, exercisable in the like manner and subject .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP415
..... said to be based on the moral principle, as observed by lord atkinson in macmillan and co. v. cooper, air 1924 pc 75 dealing with section 2 or the copyright act of 1911 as resting on the eighth commandment 'thou shalt not steal.'a person whose copyright is protected cannot only have recourse to criminal courts but ..... and punishment of any person who by fraud or misrepresentation causes an entry under section 8 or section 9 to be incorrectly made in the register. section 12 provides for penalties for infringement of the copyright.a plain reading of the several provisions of the act, to which we have already referred, leaves no doubt in our minds that ..... india this argument is not warranted by the clear and specific provisions of the hyderabad act which makes registration a condition of acquiring a copyright in any work. the definition section cannot by itself give any protection unless that is read with section 3 which gives protection only to a book which is registered.apart from the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP380
..... sight of the fact that 'if from any cause whatsoever any member of a partnership ceases to be so, the partnership is dissolved as between all other members'--contract act, section 255(7).' the reason why the learned judges who decided the case of ilr 55 mad 72: (air 1931 mad 580) thought that there was no analogy ..... other. the matter incidentally arose in panjam tirumalappa v. alasyam ramappa 1937-2 mad lj 511: (air 1938 mad 133). varadachariar, j., while adverting to section 253 of the contract act stated that all immovable property purchased with partnership funds must be deemed to be held by the partners as joint owners. the learned judge further observed that ..... decree could only be for the immovable property belonging to a partnership being sold and the sale proceeds being disposed of in accordance with the rule in section 46 of the partnership act and the plaintiff given his share in the residue. in the case of sudarsana maistry v. narsimhulu maistry, ilr 25 mad 149, before the madras .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1959)ILLJ560AP
..... of the government removing the petitioner from service. the petitioner entered public works department as an officer in or about the year 1940. when he was the section officer of bezwada circle he was also in charge of the irrigation works in the circle including those of manimeswaram in krishna district. during that period, complaints ..... are unproved and the suggested punishments are merely hypothetical. it is on that stage being reached that the statute gives the civil servant the opportunity for which sub-sec. (3) makes provision. their lordships would only add that they see no difficulty in the statutory opportunity being reasonably afforded at more than one stage. if ..... union of india [1959 - i l.l.j. 167] does not present any analogy here. in these circumstances, we do not think that the government had acted illegally in removing the petitioner from service. it follows that the order in question has not been successfully impugned.in the result, the writ petition is dismissed with costs, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP15
..... of the government removing the petitioner from service. the petitioner entered public works department as an officer in or about the year 1940. when he was the section officer of bezawada circle he was also in charge of the irrigation works in the circle including those of manimeswaram in krishna district. during that period, ..... unproved and the suggested punishments are merely hypothetical. it is on that stage being reached that the statute gives the civil servant the opportunity for which sub-section (3) makes provision. their lordships would only add that they see no difficulty in the statutory opportunity being reasonably afforded at more than one stage if ..... the charges are yet unproved. therefore, : (1959)illj167sc does not present any analogy here. in these circumstances, we do not think that the government had acted illegally in removing the petitioner from service. it follows that the order in question has not been successfully impugned.9. in the result, the writ petition is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP196; [1959]10STC394(AP)
..... power of the state, provided of course, such activities ultimately resulted in a concluded sale or purchase to be taxed.'' explanation 2 to section 2(h) of the madras general sales tax act certainly satisfied this test ofsufficiency of territorial nexus. it cannot thereforebe said that the levy on that basis could not be lawful. 8. ..... sales tax in respect of transactions of sale where property in the goods sold passed outside the province was illegal. on art interpretation of section 100(3) of the government of india act, 1935 corresponding to article 246(3) of the constitution of india the supreme court observed that it was not correct to say that a ..... . 3. it is worthy of mention that the assessment was originally impeached on the ground of inapplicability and unconstitutionally of explanation (2) to section 2(h) of the madras general sales tax act, but the arguments before us wholly turned on the interpretation of article 286 of the constitution of india. the question posed is where the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP433
..... mortgagor. on two of the three villages forming the subject matter of the mortgage, being taken over under the estates abolition act, the government deposed a sum of rs. 26,000/- and odd under section 54-a of the aforesaid act. thereupon, the mortgagee, i. e., the present appellant, applied to the tribunal on 31-8-1951 for payment of ..... taking over of the estates by the government has on a consideration of the question whether the rate of interest is usurious within the purview of the usurious loans act. that is absolutely immaterial in deciding whether the interest could be regarded as excessive or not.we are also convinced that the tribunal fell into an error in ..... 16-11-1941, over certain villages, which were' subsequently taken over by the government in pursuance of the provisions of the madras (estates abolition and conversion into ryotwari) act, 1948 for a sum of rs. 15,500/-. this amount was to any interest at ten per cent per annum with yearly rests. there was also a stipulation that .....
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