Court : Andhra Pradesh
Decided on : Feb-15-2006
Reported in : 2006(1)ALD(Cri)526; I(2007)BC421
..... the authoritative pronouncement of the apex court and also in the light of the submissions made in the complaint, this court is satisfied that the proceedings under section 138 of the act, so far as they relate to petitioner/accused no. 4 are concerned are liable to be quashed.11. accordingly the criminal petitions are allowed to the ..... of the company and responsible to the company for conduct of its business, when that is so, holders of such positions in a company become liable under section 141 of the act. by virtue of the office they hold as managing director or joint managing director, these persons are in-charge of and responsible for the conduct of ..... additional public prosecutor, mr. dhanamjaya also had taken this court through the averments made in the complaint and would comment that this is a complaint filed under section 138 of the act simplicitor and hence in the light of the averments made in the complaint, whether the proceedings so far as they relate to the petitioner/a-4 to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-15-2006
Reported in : 2006CriLJ1873
..... express provisions of law which are necessary for proper discharge of functions and duties imposed upon them by law. that is the doctrine which finds expression in the section which merely recognizes and preserves inherent powers of the high courts. all courts, whether civil or criminal possess, in the absence of any express provision, as ..... guntur.4. in zandu pharmaceutical works ltd. v. md. sharaful haque : 2005crilj92 , the apex court while dealing with the exercise of inherent powers observed as herein:section 482 does not confer any new powers on the high court. if only saves the inherent power which the court, possessed before the enactment of the code. it envisages ..... 2, 3, 4 & 5, sri sreenivasa rao, the learned counsel representing respondent no. 1 and the learned additional public prosecutor.2. the criminal petition is filed under section 482 of the code of criminal procedure to quash the proceedings in c. c. no. 187 of 2001 on the file of the vi additional munsif magistrate, guntur. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-15-2006
Reported in : 2006(3)ALD486
..... respondent alleged that, despite possessing adequate means, the petitioner did not satisfy the decree. he prayed for arrest of the petitioner.5. rules 37 and 40 of order 21 and sections 55 and 56 of c.p.c., prescribe procedure, to be followed in the mater of detention of judgment-debtor, in the civil prison. in k. harikrishna's case (supra .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-16-2006
Reported in : AIR2006AP309; 2006(3)ALD581
..... our high court.15. in p. parameswar yadav (supra) a learned single judge of this court considered the scope of various provisions of the act, including section 17 of the act as well as the rules made thereunder with reference to the transaction of agreement of sale and it was held that even alienation of holding by ..... what is the appropriate interpretation to be given to section 17 of the act, which contains a clause prohibiting the alienations by a declarant holding land in excess of the ceiling limit.12. as to the facts, admittedly there ..... said statutory provision, has rightly rejected the claim of the plaintiff and reversed the decree which was passed without taking note of the restriction contained in section 17 of the act, therefore, there is no merit in the second appeal warranting interference.11. from the above rival contentions, the issue that arise for consideration is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-16-2006
Reported in : 2006(2)ALD797; 2006(2)ALT503
..... rules came to be rescinded by the government in exercise of the powers conferred by section 15 of the general clause act, 1891 (act 1 of 1891) read with sub-sections (1) and (2) of section 3 and sub-section (1) of section 268 of the andhra pradesh panchayat raj act, 1994 (act 13 of 1994) and the same came to be published in government gazette vide ..... visakhapatnam district.the government issued g.o.ms.no.379, dated 21.11.2005 cancelling all the 32 gram panchayats under clause (f) of sub-section (2) of section 3 of a.p. panchayat raj act, 1994 (act 13 of 1994). paragraphs 4, 5 and 6 of the said notification read as follows:4. in the reference fourth read above, the district ..... r. & r.d. (pts. iv) department, dated 21-11-2005 cancelling the said resolutions. in exercise of power conferred under clause (f) of sub-section (2) of section 3 of andhra pradesh panchayat raj act, 1994 (act 13 of 1994), the government have issued orders vide g.o. ms. no. 379 p.r. and r.d. (pts.iv) department, dated 21- .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-17-2006
Reported in : 2006(1)ALD(Cri)665; 2006CriLJ1999
..... court below went wrong in holding that the accused is not liable for punishment.after assessing the entire evidence, 1 hold that the essential ingredients of section 138 of the act are brought out and the evidence of the complainant is supported by the documents and the accused is liable to be convicted for the said offence. ..... in question and he should not issue the cheque without sufficient funds. even after the issuance of the statutory notice of the complainant as required under section 138 of the act, the accused did not care to even reply or to arrange payment of the amount or taken any steps for discussion. despite all the lacunae the ..... notice established that the cheque dated 5-8-1997 was presented to the broker and it was returned insufficient funds. therefore, the complainant intends to proceed under section 138 of the act, the accused having received the legal notice has chosen to remain silent without accepting or denying the version of the complainant. hence, it cannot be said .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-17-2006
Reported in : [2006]145STC316(AP)
..... such and it is nothing but dehydrated form of pasteurised milk which is exempted under g.o. ms. no. 20. exemptions are provided under section 7 of the act. schedule i of the act contains 47 items of exempted goods. item 16 of the said schedule exempts fresh milk and pasteurised milk other than uht milk and skimmed milk powder ..... & co. : [1996]3scr721 , to submit that mere allegation of unreasonableness was not enough to strike down an enactment. he submits that the supreme court has held that the act can be struck down only on two grounds, viz., (1) lack of legislative competence or (2) violation of fundamental rights or any other constitutional provision. the supreme court, in ..... was repealed by the andhra pradesh value added tax ordinance, 2005 which was, later on, enacted as act no. 5 of 2005. under the apgst act 6 of 1957 the government, in exercise of its power under section 9, issued notification in g.o. ms. no. 1091 (revenue) dated june 10, 1957 exempting from tax the sales of fresh .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-20-2006
Reported in : 2006(3)ALT71
..... made by the learned counsel for the petitioners, this court does not find any revisable grave error in the impugned judgment. be it noted that section 21 of the act confers limited power on this court to revise any order passed on appeal by the appellate tribunal only when such order suffers from illegality, material irregularity ..... for the petitioners vehemently contends that the petitioners herein were major sons when their father filed declaration in 1976 and therefore after coming into force of section 4-a of the act with retrospective effect from 1 -1 -1975, they are entitled for increase of the holding equal to the ceiling area applicable to each of the ..... are entitled to one standard holding each. the petition was dismissed by the land reforms tribunal. aggrieved by the same, they approached the appellate tribunal under section 20 of the act. the appeal was allowed and the matter was remanded to the original authority. after remand by order, dated 26-2-2002, the land reforms tribunal .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-20-2006
Reported in : 2006(1)ALD(Cri)712; I(2007)BC218; [2007]139CompCas410(AP); 2006CriLJ2090
..... and that the glaring defect of alteration of the month is fatal to the complaint. the alteration in respect of the month is a material alteration and as per section 87 of the act ex.p-3 would become void.28. for all the foregoing reasons, i hold that the appeal is devoid of merits.29. in the result, the criminal appeal ..... -12-1995 and the accused issued a reply on 2-1-1996 and the litigation ultimately has landed in the criminal court by way of filing a complaint under section 138 of the act by the appellant herein against the accused.7. p.ws. 1 to 3 were examined and exs. p. 1 to p. 16 were marked. d.w.-1 ..... on the file of the v metropolitan magistrate, hyderabad. the 2nd respondent is the accused.3. the trial court convicted the accused for an offence under section 138 of negotiable instruments act, 1881 (for short 'the act').4. aggrieved by the same, the accused preferred an appeal before the iii metropolitan sessions judge, hyderabad the learned judge acquitted the accused by reason of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-21-2006
Reported in : 2009[16]STR112
..... . after considering the averments contained in the applications and the fact that the petitioner has not deposited the amount of duty, the tribunal dismissed the appeals under section 35f of the act, but gave liberty to the petitioner to apply for restoration after pre-deposit of the amount.5. we have heard sri k. ramchandra reddy, learned counsel ..... within two months and made it clear that if the amount of duty and penalty is not deposited, the appeal shall be liable to be dismissed under section 35f of the act.4. the petitioner filed applications for modification of order dated 28-1-2005, but could not persuade the tribunal to reconsider its decision in the matter of ..... of central excise, guntur vide his order dated 29-7-2002 confirmed the demand of rs. 4,38,462/- and also imposed penalty and levied interest under sections 11ac and 11ab of the act. on appeal, commissioner (appeals) vide his order dated 11-2-2004 confirmed the demand of duty, but set aside the penalty imposed under .....
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