Court : Andhra Pradesh
Decided on : Feb-06-2006
Reported in : AIR2006AP186; 2006(3)ALD135; 2006(2)ALT704
..... acceptance of that document as if full court-fee has been paid as on the date of filing, the court must be held to have acted under section 151 of cpc and cannot be said to have acted outside its jurisdiction or with material irregularity so as to call for interference. condonation of delay is altogether alien to the exercise of powers ..... as if full court-fee has been paid as from the date of filing, it appears to me that the lower court had acted under section 151 c.p.c. and it cannot, therefore, be said to have acted outside its jurisdiction or with material irregularity so as to call for interference by this court.15. in mannan lal's (7 supra ..... from the above judgments relied upon by the learned counsel forthe petitioners, it is clear that firstly, the power vested under section 149 of cpc should be exercised only to mitigate the rigour of section 4 of the court fees act, and the power is not to enable the plaintiff to ask for any number of adjournments or extensions for payment of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-06-2006
Reported in : 2006(1)ALD(Cri)643; I(2007)BC288
..... his attendance and proceed with the case. added to that, we have the further fact that it is a complaint filed under the special enactment act under section 138 of negotiable instruments act, where it can never be stated that the presence of the complainant is essential to prove the guilt of accused. thus it is a proceeding ..... that as the cheques issued by the accused, the petitioner herein (hereinafter referred to as 'the accused') were dishonoured, the proceedings were initiated under section 138 of the act.4. the point that is urged before me is that the order under which ranga sreenivasulu was substituted as the complainant without notice to the accused is ..... magistrate of first class, dharmavaram respectively, seeking quashing of the complaints in all the three cases.2. all the three cases arose under section 138 of the negotiable instruments act (for short 'the act'). the original complainants in c.c. nos. 230 of 2004 and 264 of 2004 was one chennappa. after filing of the complaints, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-06-2006
Reported in : 2006(2)ALD585; 2006(2)ALT289; [2006(110)FLR282]; (2006)IIILLJ570AP
..... provision which confers a right upon the delinquent government servant to explain the circumstances appearing in the evidence recorded against him. that provision is akin to section 313 of the code of criminal procedure wherein it is mandatory to examine the accused at the closure of the evidence on the side of the prosecution ..... of misconduct or misbehaviour against a government servant, it may itself inquire into, or appoint under this rule or under the provisions of the public servants (inquiries) act, 1850, as the case may be, authority to inquire into the truth thereof.explanation:- where the disciplinary authority itself holds the inquiry, any reference in sub- ..... fundamental and paramount law of the nation. on this premise of the character of a constitution, marshall propounded the theory of judicial review and that an act of legislature repugnant to the constitution is void.16. the initial approach of the courts to the question of unconstitutional statutes was best expressed in the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-2006
Reported in : 2006(2)ALD566; 2006(2)ALT341
..... dictionary meaning of the words 'at any time', the suo motu power under sub-section (4) of section 50-b of the act could be exercised even after decades and then it would lead to anomalous position leading to uncertainty and complications seriously affecting the rights of the parties, that ..... circumstances of each case in the context of the statute and nature of rights of the parties. use of the words 'at any time' in sub-section (4) of section 50-b of the act cannot be rigidly read letter by letter. it must be read and construed contextually and reasonably. if one has to simply proceed on the basis of the ..... it appears that without stating from what date the period of limitation starts and within what period the suo motu power is to be exercised, in sub-section (4) of section 50-b of the act, the words 'at any time' are used so that the suo motu power could be exercised within reasonable period from the date of discovery of fraud .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-2006
Reported in : 2006(2)ALD114; 2006(2)ALT405; IV(2006)BC222; (2006)6CompLJ558(AP); [2006]68SCL345(AP)
..... , it was not by itself determinative of whether the functions were public or private. the foundation was not standing in the shoes of the local authority. section 26 of the 1948 act provided statutory authority for the actions of the local authority, but provided the foundation with no powers. the foundation was not exercising statutory powers in performing functions ..... raw materials, work-in-progress and finished products and the personal guarantee issued by the petitioner and respondents 3 and 4. a reading of the notice under section 13(2) of act further reveals that the second respondent failed to keep up the commitment as a result of which, the interest had been accruing from time to time and ..... , therefore, is whether the loan taken by the second respondent as sod is npa of the first respondent.5. a copy of the notice issued under section 13(2) of act is annexed to the writ petition. a plain reading of the same would show that the second respondent availed sod on 11.9.2003 in a sum of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-2006
Reported in : I(2007)ACC757; 2007ACJ372; 2006(2)ALD746; 2006(2)ALT550
..... for arguments. at that stage, the present application ought not to have been entertained by the tribunal. the conversion of provision of law from section 166 to section 163-a of the act completely changes the nature of the claim; therefore, such a change in the provision of law could not have been permitted, particularly, at ..... counsel for the respondent in national insurance co. ltd. v. mukeshbai bhalchandrabhai jani ; the right to exercise option of converting proceedings under section 166 to that of section 163-a of the act was considered. while considering such a question, it was held that claimants can exercise the option between the two provisions to claim compensation, ..... negative. taking inspiration from this, the learned counsel for the petitioner submitted that, in the case on hand, the claim petition is filed under section 166 of the act and since the claimants apprehended, after the evidence was closed, that there was no evidence to prove negligence on the part of the driver and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-2006
Reported in : 2006(3)ALD62
..... if the objection or contention raised by the appellant to be considered, the respondent/plaintiff would not fall within the definition of 'money lender' as defined under section 2(7) of the aforesaid act and even otherwise the burden is on the appellant herein/defendant to establish the same. it is also pertinent to note that this aspect was canvassed at the ..... definition of 'money lender' under section 2(7) of the a.p. (telangana area) money lender act 1349 fasli and also in the light of the decisions in somanath baraman v. raja s.v. jaganatha rao 1972 (2) alt 149 and ..... .7. before the appellate court, the following question was raised ;whether the respondent/plaintiff was a professional money lender under the provisions of a.p. (telangana area) money lenders act?. the learned judge had taken note of the alleged admission said to have been made by p.w.i in the cross-examination and also in the light of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-10-2006
Reported in : 2006(2)ALT218
..... . 30,000/- (rs. thirty thousand only) on medicines and nutritious food. on a report, s.h.o. sabbavaram police station registered a case in crime no. 70 of 2001 under section 337 ipc against the driver of the tipper. because of the injuries in the accident, she was bed-ridden and went into deep financial troubles as she lost her earnings .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-14-2006
Reported in : [2007]138CompCas555(AP); [2007]75SCL256(AP)
..... a presidency magistrate or a magistrate of the first class shall try any offence against this act. reading sections 622 and 2(11) of the act, it becomes quite clear that any offence committed under the act or against the provisions of the act, have to be tried by a presidency magistrate or a magistrate of first class. therefore, ..... of 2001, dated 7-6-2002.3. the allegation of the company petitioners against the respondents was that they had violated the provisions contained in section 108a of the companies act, 1956 (for brevity 'the act'), which imposes restriction of acquisition of certain shares and since there has been violation of provision contained in ..... the petitioners is not permissible under the provisions of the act. the 'court' is defined under section 2(11) of the act, which states that '(a) with respect to any matter relating to a company (other than any offence against this act), the court having jurisdiction under this act with respect to that matter relating to that company, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-14-2006
Reported in : 2006(2)ALD705; 2006(3)ALT199; [2006(109)FLR945]
..... officer appointed in the instant case, functioned as subordinate to the petitioner, and at any rate, he cannot be treated as superior to the petitioner, and thereby, incurred disqualification for acting as presenting officer.5. learned counsel further submits that the enquiry officer passed an order dated 10-11-2005, on the basis of several assumptions, overruling the objection raised by ..... to five charges. at that stage, the petitioner came forward with a representation, dated 29-10-2005, stating that the presenting officer is not superior to him, and thereby cannot act as such. he placed the reliance upon the memo dated 1-5-1993, issued by the government. the enquiry officer overruled the objection. the enquiry was proceeded with, and a .....
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