Court : Andhra Pradesh
Decided on : Jan-23-2006
Reported in : 2006(2)ALD666; 2006(3)ALT112
..... well settled that in order to obtain specific performance of a contract, the plaintiff must establish his readiness and willingness to perform his part of contract. section 16(c) of the specific relief act, 1963 lays down as under :16. personal bars to relief,- specific performance of a contract cannot be enforced in favour of a person(a) ..... it will be convenient to consider the submission with regard to the plaintiff entertaining a doubt about the title of the defendant in the light of section 55 of the transfer of property act, which prescribes rights and liabilities of the buyer and seller in the following terms :55. rights and liabilities of buyer and seller.-in the ..... right over the suit schedule property and when he satisfied with the defendant's title over the schedule property, plaintiff cannot take the aid of section 55(2) of the transfer of property act, namely, time spent by him to clear the doubt created by lodging caveat by sathyam naidu, when it was admitted that entire area .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-24-2006
Reported in : 2006(2)ALD342
..... issued g.o. ms. no.1378, dated 15.10.1975 authorising the district collectors to exercise powers vested in the state government under section 5a of the act and section 17(4) of the act for the purpose of acquisition of land for construction of any dwelling houses for the poor. by g.o. ms. no.96, dated ..... any public purpose whereas the district collector can issue a declaration only when the land is required for providing dwelling houses to the poor. by the same amendment act, section 3a was inserted conferring power of delegation on the state government. under the said provision, the government can direct that any power conferred or any duty imposed ..... the union. this definition becomes relevant in the context of acquiring the land and initiating the procedure therefor as contained in chapter-ii of the act.9. section 4 of the act requires the appropriate government to publish a notification to that effect in the official gazette and also authorize any officer to enter and survey the land .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-24-2006
Reported in : 2006(2)ALD120
..... the application for grant of an noc. in case the state government does not take into consideration the relevant factors enumerated in sub-section (3) of section 14 of the act and the guidelines issued by the council or takes into consideration factors which are not relevant and rejects the application for grant of ..... institution, which is desirous of starting a course of training and teacher education. the guidelines clearly pertain to the matters enumerated in sub-section (3) of section 14 of the act which have to be taken into consideration by the regional committee while considering the application for granting recognition to an institution, which wants ..... for teacher education system throughout the country. the functions of the national council for teacher education (for short ncte) are laid down in section 12 of the act. the ncte issued guidelines to state government on 2.2.1996 for issuance of no objection certificate for establishing teacher-training institutions. no objection .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-24-2006
Reported in : 2006(2)ALD353; 2006(2)ALT177
..... overruled the objection and proceeded to adjudicate the dispute, on merits. the division bench took the view that the expression 'arising out of occurring in section 2-a, of the act, would take into its fold, incidental matters, such as entitlement to receive gratuity, and it is not necessary that the termination, as such must be ..... passed against him, ceased to exist. however, the relief granted to him by the appellate authority was very limited, in its purport. a perusal of section 2-a of the act discloses that the facility extended thereunder is not limited to the instances of discharge, dismissal, retrenchment, or termination alone. the provision proceeds further, to take ..... to such removal, and thereby, fall within the scope of that provision. learned counsel submits that having regard to the object underlying the act, in general, and section 2-a(2) of the act, in particular, the labour court was not justified in rejecting the i.d. he places reliance upon the judgment of the orissa high .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-24-2006
Reported in : 2006(2)ALD371
..... records 'a matter', be it conveyance or re-conveyance, transfer or re-transfer of a title in the property, is treated as documents. section 17 of the act deals with the documents, which require compulsory registration. instrument of gift of immovable property is one of the compulsorily registerable documents. any document cancelling ..... person whose right is allegedly extinguished by reason of such registered document is to seek appropriate declaration under section 34 of the specific relief act, 1963 and cancellation of the said document under section 33 of the said act. in property association of baptist churches v. sub-registrar, jangoan : 2003(4)ald671 , this ..... a registered document enumerated under section 17 of the act also requires registration; as such documents also fall within the description of section 17(1)(b) of the act. be it noted, as per the said provision, any non-testamentary instrument, which creates .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-27-2006
Reported in : 2006(3)ALD22; 2006(2)ALT588
..... vacancy arose in the office of the mathadhipathi of the mutt, the same has to be filled up only in accordance with sub-section (1) of section 53 of the act. section 54 of the act which apparently does not deal with filling of permanent vacancy in the office of mathadhipathi, but only provides for nomination by an existing ..... of the above submissions made by the learned counsel, it is necessary to note the definitions of 'math', 'religious institution' and 'trustee' as defined under section 2 of the act.section 2(17) defines 'math' as under:'math' means a hindu religious institution presided over by a person, whose principal duty is to engage himself in the teaching ..... valid?point no. 1:17. at the outset, it would be appropriate to refer to the relevant provisions relating to maths and specific endowments attached thereto under the act.section 2(17) defines 'math' as under:'math' means a hindu religious institution presided over by a person, whose principal duty is to engage himself in the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-27-2006
Reported in : (2007)6VST421(AP)
..... the assessment of tax for a period of one year, as estimated by the dealer himself. reliance is placed on section 12 of the andhra pradesh general sales tax act, 1957 (hereinafter referred to as 'the act'). sub-section (7) of section 12 lays down:12(7) : where it appears necessary to the authority to whom an application is made under ..... and use of the forms referred to in this act, the rules made and the notifications issued thereunder, he may by an order ..... sub-section (6) so to do for the proper realisation of the tax and other dues payable under this act, or for the proper custody .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-27-2006
Reported in : 2006(3)ALD539; [2006(110)FLR392]
..... the power to appoint. in the absence of specific provisions also, such a power can be exercised. this court held so, in relation to the provisions of a.p. excise act and other enactments. once the petitioner has been found red-handed in acb trap, suspension must follow, as a matter of course. therefore, no exception can be taken to the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-28-2006
Reported in : 2006(2)ALT9
..... on 6-1-1994 for the purpose of laying a railway line to gangavaram port from the steel plant. the petitioners filed their objections and an enquiry under section 5a of the act was conducted by the land acquisition officer. the proposal was dropped taking into consideration the request of the petitioners. the petitioners contended that they were under the ..... hope that they could mobilize finances to construct houses in the near future, but the 1st respondent issued the notification under section 4(1) of the act proposing to acquire the entire land of ac. 14-20 cents. it is submitted that the said notification did not contain the names of the petitioners, ..... for the laxity, lethargy or lack of care on the part of the state administration.7. we feel that there was no urgency and the enquiry under section 5a of the act could have been conducted as it is a valuable right of the owner. we may also point out that the respondents were so non-serious in issuing the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-28-2006
Reported in : 2006(1)ALD(Cri)535; 2006(2)ALT366; 2006CriLJ1606
..... view, was conscious of the fact that offence can take place even at a place which is not a public place. therefore they did not say in section 3(1)(x) of the sc & st act that the offence should be committed in a public place. they deliberately used the words 'in any place within the public view'. therefore in our view ..... the court, was not within the public view. even otherwise we do not agree with the law laid down in this judgment because what is required under section 3(1)(x) of the sc & st act is, 'intentionally insults or intimidates with intent to humiliate a member of a scheduled caste or a scheduled tribe in any place within public view.therefore ..... my wife and other. nagam yerranna s/o hanumanthu were also present at the scene. he humiliated me and my wife by taking our caste.5. section 3(1)(x) of the sc & st act lays down.whoever, not being a member of a scheduled caste or a scheduled tribe,--intentionally insults or intimidates with intent to humiliate a member of a .....
Tag this Judgment!