Court : Andhra Pradesh
Decided on : Oct-21-1989
Reported in : (1992)ILLJ193AP
..... the petitioner is a diploma holder in l.m.e., b.o.e. and f.s.t.a. he was originally appointed as apprentice in the mechanical section of the nizamabad co-operative sugar factories ltd. nizamabad, on april 13, 1963. he was temporarily appointed as mechanical supervisor in mechanical department of the said factory ..... of service, pay and allowance and discipline and conduct of the officers specified in sub-section (1) shall be such as may be provided by regulations to be framed by the registrar.' under section 116-c of the act it is provided as follows : 'section 116-c :- staffing pattern of societies :- (1) a society shall have power to ..... of the constitution. 13. it would be pertinent to note that under section 116-a of the andhra pradesh co-operative societies act, it is provided as follows :- 'section 116-a :- constitution of common cadre of employees for certain societies : (1) notwithstanding anything in this act, the registrar shall have power to constitute a common cadre for the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-30-1989
Reported in : 1992(1)ALT616
..... it was considered with undue delay. the delay from 23-6-89 to 27-7-89 is totally unexplained. the representation was sent only on 27-7-89 to cofeposa section. there is no explanation for the same. in these circumstances we are constrained to hold that this order of continued detention of the detenu is violative of article 22(5 ..... behalf of the 1st respondent in paragraph 4(g) it is admitted that the representation was received as alleged, but the representation along with english translation was received in cofeposa section of the finance ministry on 27-7-89 and it was put up with relevant file to the under secretary on 31-7-89 since 29-7-89 and 30 ..... , and he was actually detained on 7-2-89.2. the order was passed by the joint secretary to the government of india, with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange. the detenu himself was apprehended at begumpet railway station while boarding a train for bombay on 23-12-88. the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-03-1989
Reported in : II(1990)DMC50
..... the marital relationship is denied : (ii) whether in the absence of any provisions in either of the two acts, namely : 'the hindu adoptions and maintenance act' and 'the hindu marriage act', the court can exercise jurisdiction under section 151 cpc to grant the interim relief of awarding maintenance.'while answering these questions, the orissa high court held :' ..... of interim maintenance. it is a settled principle of law that either in an application filed under the guardian and wards act or a petition under the hindu marriage act or a petition for. maintenance under section 125 cr. p.c., the minor children are entitled to claim interim maintenance pending disposal of those proceedings and the ..... c.p.c. the bombay high court observed that the courts have very wide powers to restore suits under section 151 cpc independently of order 9 rule 9 cpc and the courts should be quicker to act under section 151 cpc where a minor's suit is dismissed. the supreme court in m/s. jaipur mineral development .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-03-1989
Reported in : 1992(1)ALT336
..... of their liability to restore vacant possession of the property.11. the madras high court as early as in 1921 dealing with a case under section 74 of the transfer of property act alagiriswami mudali v. akkulu naidu, air 1921 madras, 393 observed:'when a mortgage is redeemed, subsidiary rights created on the mortgaged property such a ..... where the mortgagee creating lease on mortgaged property. on redemption whether by 2nd mortgagee or mortgagor, lease is terminated. it was also held that section 74 of the transfer of property act gives the redeeming 2nd mortgagee only the rights and powers of the redeemed mortgagee as such and it does not pass any rights of his ..... bench of the madras high court in s.v. venkatarama reddiar v. abdul ghani rowther, : air1980mad276 held that the rule of exception contained in section 76(a) of the t.p. act cannot be readily and automatically invoked by a tenant let into possession of urban property by a mortgagee with possession. it was held that the tenant .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-07-1989
Reported in : AIR1991AP88
..... question paper shall consist of quiz type as well as essay type questions carrying 60% and 40% marks respectively. the candidates will have to clear the papers in both the sections independently and the minimum pass marks of 70% for quiz type and 60% for essay type, shall be adhered to. the examinations will be conducted under the supervision of dgca .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-08-1989
Reported in : II(1990)DMC510
..... in the community of goja in the state of maharashtra. therein it was held that the adoption of a boy aged above 15 years is protected by section 10(iv) of the act as there was sufficient proof of such a custom in that community.9. in this case no custom has been pleaded nor proved on the basis of ..... land reforms cases, the parties will gain one standard holding. in those eases, the declarants are interested parties. in this connection it is relevant to notice section 10(iv) of the hindu adoptions and maintenance act, which reads as follows : '10. no person shall be capable of being taken in adoption, unless the following conditions are fulfilled, namely :-- (i) xx ..... of an attestor can be sufficient proof, and there is no necessity of calling for the attestors in compliance with the provisions of section 68 of the evidence act. it is true that the proviso to section 68 has no application to the case of a will and the application of examining one witness in proof of the execution when the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-10-1989
Reported in : II(1990)DMC16
..... reliefs on the ground of desertion by her husband. pending disposal of the above op she filed an application ia no. 1679 of 1987 under section 24 of the hindu marriage act and section 151 cpc for interim maintenance. no oral evidence was adduced on behalf of the wife but exs. a-1 to a-6 were marked on ..... the right in the course of the administration of justice. it was also contended that the grant of interim maintenance was permitted both by section 151 cpc and section 18 of the hindu adoptions and maintenance act. following the decision of the madras high court in mahommed abdul rahman v. tajunissa begum, : air1953mad420 and several decisions of the other ..... that the court had no jurisdiction to grant interim maintenance in a case where the very right to maintenance was in contest and neither section 151 cpc nor section 18 of the hindu adoptions and maintenance act, 1956 authorised the award of interim maintenance. but on behalf of the wife it was contended that it is the inherent right .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-10-1989
Reported in : [1990]184ITR70(AP)
..... warner hindustan ltd. v. cit : [1988]171itr224(ap) , the income-tax appellate tribunal referred the following two questions among others to the high court under section 256(1) of the act (at p. 227) : 'whether, on the facts and in the circumstances of the case, the sum of rs. 18,000 paid by way of legal ..... answered accordingly. 24. immediately after the pronouncement of the judgment, sri ratnakar, learned counsel for the assessee, requested that a certificate be issued under section 261 of the income-tax act in regard to questions 1 and 2 for preferring an appeal to the supreme court. on the first question, we are unable to certify that ..... (ap) . he says that, by issuing bonus shares, no additional amount is received by the company and, therefore, different consideration should govern. 8. section 37 of the income-tax act provides, inter alia, that any expenditure not being in the nature of capital expenditure or personal expenses of the assessee laid out or expended wholly and exclusively .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-17-1989
Reported in : 1991(2)ALT536; (1993)IIILLJ178AP
..... case where there was violation of principles of natural justice.11. as to the incidental point relating to alternative remedy, no doubt, section 41 or the 1966 act (section 48 of the new shops and establishments act) provides a right of appeal initially to the assistant commissioner of labour and then second appeal to the labour court. but it ..... entitled to contend that there is not only breach of bye-laws but that there is also 40 a breach of the provisions of the section 40(4) (or section 47(2) of the new act) and rule 20 of the a.p. shops and establishments rules, 1966, which deal with the procedure for conducting disciplinary enquiries. i ..... of india without directing the petitioner to file an appeal before the assistant commissioner of labour and then before the labour court under section 41 of the shops and establishments act, 1966 (now section 48 of the act of 1988) ? (3) whether a writ lies against a cooperative society under article 226 of the constitution of india treating the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-24-1989
Reported in : 1992(1)ALT555
..... avoiding to take delivery' did not amount to refusal to receive the notice. therefore, it was held that there was no valid service of notice.9. under section 114 indian evidence act, the presumption would be that a letter posted by the sender would reach the addressee in usual course. once a letter has been delivered to the post ..... the defendant avoided service of notice was considered as amounting to service of notice, then ex.a-4 notice was in accordance with the provisions of section 106, transfer of property act.7. it is submitted by the learned counsel for the appellant that the lower appellate court had committed a grave error in holding that the lease ..... deed was executed and the defendant continued in possession.3. the plaintiff got issued ex.a-4 registered notice february 20, 1972 to the defendant under section 106 transfer of property act calling upon him to pay the arrears of rent and hand over vacant possession of the plaint schedule land by march 22,1972. that registered notice .....
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