Court : Andhra Pradesh
Decided on : Mar-14-2006
Reported in : 2006(4)ALD495; 2006(3)ALT740
..... rent controller, having regard to his limited jurisdiction is bound to consider the cases of the respective parties within four corners of section 10 of the act. in terms of clause (i) of sub-section (2) of section 10 of the act, a tenant is bound to pay or tender rent due from him within 15 days after the expiry of the time fixed ..... basha and ors. v. sakaray's dresses manufacturers of children garments 2002 (2) an.w.r. 406. the learned counsel also while commenting about the proviso under section 10(2) of the act would maintain that the said proviso cannot be invoked in the present case.4. heard the counsel.5. the series of events which had ultimately led the tenants ..... fact also may have to be taken into consideration while deciding this matter. the learned counsel also had drawn the attention of this court to the proviso in section 10(2) of the act and would contend that by virtue of the said proviso, the ground of wilful default cannot be applied in all its rigor to the present case. while .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-14-2006
Reported in : 2006(3)ALD616
..... in serious controversy that this landlady had been receiving rents from the tenant and despite the question of ownership this landlady would fall within the definition of section 2(vi) of the act aforesaid and hence, she is entitled to receive the rents. hence, the explanation or the stand taken by r.w.1-the tenant cannot be ..... and merely because some demand was made by the temple the tenant also is not justified in denying the title of the landlady as such.15. section 2(vi) of the act defines landlord as hereunder:landlord' means the owner of a building and includes a person who is receiving or is entitled to receive the rent of ..... of the court of principal subordinate judge-appellate authority, rajahmundry, had preferred the present civil revision petition under section 22 of the a.p. buildings (lease, rent and eviction) control act, 1960 (hereinafter in short referred to as 'the act' for the purpose of convenience).3. the parties hereinafter would be referred to as landlady and tenant for .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-16-2006
Reported in : 2006(3)ALD477
..... :party appearing by agent :(1) when a party appears by any agent, other than an advocate, the agent shall, before making or doing any appearance, application, or act, in or to the court, file in the court the power of attorney, or written authority, thereunto authorizing him or a properly authenticated copy thereof together with an affidavit ..... in pursuance of the resolution passed in the board of directors meeting of the company aforesaid held on 13-4-1993, sri k. ram reddy was empowered to act as foreman and representative of the plaintiff company and further more specifically authorized and appointed as such in such a capacity to prosecute and conduct all suits and ..... the application was filed under rule 32 of civil rules of practice read with order vii rule 14(3) and section 151 of code of civil procedure to permit the foreman and director of the plaintiff company to act as representative of the said company to prosecute the suit. the learned counsel would submit that even if it is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-18-2006
Reported in : (2007)5VST21(AP)
..... issue writ of mandamus declaring that the inclusion of tea in schedule v of the a.p. value added tax act, 2005 and tax it at 12.5 per cent under sub-section (3) of section 4 of the a.p. value added tax act, 2005 as illegal, arbitrary and in violation of articles 14 and 19(1)(g) of the constitution of india .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-18-2006
Reported in : 2006(3)ALD593; [2007]137CompCas395(AP); (2006)6CompLJ541(AP); [2006]72SCL402(AP)
..... statements, the confessional statement, the inquest report, etc. are all documents in the form of 'evidence' and therefore basing on those documents, the magistrate can act under section 319 cr.p.c. it should at first be noticed that no document by its filing simpliciter does carry the value of inspection of the court unless ..... in the forefront is what is meant by evidence. the word 'evidence' is defined neither in the criminal procedure code nor in the indian penal code. however, section 3 of the evidence act defined 'evidence' thus;evidence' means and includes(1) all statements which the court permits or requires to be made before it by witnesses, in relation ..... does not also apply. the contention raised by the learned counsel for the appellant is that once the matter is taken cognizance under section 454(5) and 5(a) of the companies act, 1956, the company court transforms itself into a criminal court under the provisions of the code of criminal procedure, thereafter whatever steps that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-18-2006
Reported in : [2007]283ITR388(AP)
..... the second respondent to the members of the petitioner associations. they also seek a writ of prohibition restraining the first respondent from enforcing the provisions of section 192 of the act against the petitioners with regard to a 'non-existing perquisite' and also restraining respondents nos. 3 and 4 from treating the first respondent as ..... assessee in default.2. it is not disputed that the salaries of the members of the petitioner associations are subject to tax in terms of section 192 of the act. 10 to 15 per cent, of the members of the petitioner associations have been allotted quarters originally as government servants and presently they continue to ..... steel executives association v. rashtriya ispat nigam ltd. : [2000]241itr20(ap) was decided, have been amended and according to the respondent, under sections 192 of the income-tax act a person responsible for paying any income chargeable under the head 'salaries' is bound to deduct income-tax at the time of payment of salary and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-18-2006
Reported in : (2006)IIILLJ621AP
..... on january 17, 2003 informing that he employed child labour by name chennamma, aged 12 years in an establishment covered by hazardous employment and thereby he contravened section 3 of the act. therefore, he was directed to show cause in writing, within seven days, from the date of receipt of this notice as to why the penal action ..... the issue whether he is liable for prosecution or not. the inspector and the labour officer before filing the complaint failed to follow the procedure prescribed under section 10 of the act having admitted that the accused contended that the child is of 15 years age.14. in the light of the above circumstances and in view of the ..... violation of the procedure prescribed under section 10 of the act, the prosecution cannot sustain.15. accordingly, the criminal petition is allowed and the complaint is dismissed by quashing the proceedings in c.c. no. 110 of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-18-2006
Reported in : 2006(3)ALD710
..... bad in law. while further elaborating the submissions, the learned counsel would maintain that though the plea of limitation had not been specifically taken by virtue of section 3 of the limitation act, 1963, the said ground can be raised and the court is duty bound to go into the question of limitation as well. the learned counsel placed strong ..... the lineman noticed it and he gave a report to the police, which was registered as crime no. 85 of 1991 on the file of challapalli police station under section 174 of the code of criminal procedure, marked as ex.a2. during the course of investigation, the dead body of veera raghaviah was examined in postmortem and inquest and ..... committee, kothagudem case (supra), which no doubt is a matter concerned with demolition of building and claim of damages and the same was decided in the context of section 369 of a.p. municipalities act, 1965. be that as it may, on the careful scrutiny of the language employed both in articles 72 and 82 of the limitation .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-18-2006
Reported in : (2006)204CTR(AP)573; [2006]283ITR388(AP); [2006]155TAXMAN282(AP)
..... the second respondent to the members of the petitioner associations. they also seek a writ of prohibition restraining the first respondent from enforcing the provisions of section 192 of the act against the petitioners with regard to a 'non-existing perquisite' and also restraining respondents nos. 3 and 4 from treating the first respondent as an ..... assesse& in default.it is not disputed that the salaries of the members of the petitioner associations are subject to tax in terms of section 192 of the act. 10 to 15 per cent. of the members of the petitioner associations have been allotted quarters originally as government servants and presently they continue to ..... steel executives association v. rashtriya ispat nigam ltd. : [2000]241itr20(ap) was decided, have been amended and according to the respondent, under section 192 of the income tax act a person responsible for paying any income chargeable under the head 'salaries' is bound to deduct income-tax at the time of payment of salary and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-20-2006
Reported in : II(2007)ACC174; 2007ACJ2481; 2006(5)ALD801; 2006(3)ALT403
..... did not take this aspect into account and awarded interest from the date of accident. such a course would run contrary to the specific provisions of sub-section (3) of section 4a of the act.8. for the foregoing reasons, the civil miscellaneous appeal is allowed. it is directed that the amount of compensation i.e., rs. 3,19,649/-, ..... notice and the absence of any controversy, as to the quantum of compensation. for example, where the occurrence of accident is not in dispute, the notice under section 10 of the act is served, and the amount can be ascertained without having recourse to any adjudication, the amount can be said to have become due from the date of ..... the competent authority.6. there are instances, where the courts have taken the view that if the victim of an accident or his dependants serve a notice under section 10 of the act, the liability to pay the compensation would arise and any default would entail in payment of in terestalso. much would, however, depend upon the nature of .....
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