Court : Andhra Pradesh
Decided on : Nov-28-2003
Reported in : 2004(5)ALT505
..... , a partner of an erstwhile unregistered partnership firm cannot bring a suit to enforce a right arising out of a contract falling within the ambit of section 69 of the partnership act. it is also pertinent to note that the firm as such had not instituted any suit and it appears from the respective pleadings that the partners ..... the learned counsel also had explained what 'attestation' means and how an attestation in relation to a document should be proved. the learned counsel had referred to section 3 of the transfer of property act, 1882 and had placed reliance on m.l abdul jabbar sahib v. m.v. venkata sastri and sons, : [1969]3scr513 in this regard. the ..... at a different finding pointingout some minor discrepancies or inconsistencies which would not in any way affect the proof of ex.b-1 in accordance with section 67 of the indian evidence act, 1872. the learned counsel also had taken this court through the findings recorded by the court of first instance and also the appellate court and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-28-2003
Reported in : 2004(1)ALD397; 2004(4)ALT47
..... the definition of 'district magistrate' clearly showed that in addition to the district magistrate, only an officer specially authorized by him could act under the eviction act, and he referred to subsection (2) of section 1 of the code of criminal procedure, which provided;'it extends to the whole of british india; but, in the absence of ..... noted the argument which was made before it.'the argument was that the special jurisdiction created by the eviction act was not affected by section 10(2) of the code, in view of the provisions of this sub-section. the argument overlooks the words 'in the absence of any specific provision to the contrary', and because ..... there is in the code of criminal procedure such a provision in section 10(2), sub-section (2) of section 1 is excluded, and an additional district magistrate must be regarded as possessing the powers under any other law including the eviction act,'in para-9 the supreme court laid down:'the argument that the district magistrate .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-28-2003
Reported in : 2004(1)ALD557; 2004(6)ALT427
..... by the public works department authorities, whichever is higher.(c) in any other cases....................100-004. a careful reading of article 6(b) of schedule 1-a of the act goes to show that it is applicable if the agreement relates to construction of a house or building including a multi-unit house or building or unit of apartment/flat ..... in relation to andhra pradesh apartments (promotion of construction and ownership) (amendment bill, 1993) and had submitted that the article 6(b) of schedule i-a of the act is a specific provision which is not applicable to the agreement in question. it is also stated that in any other case specified in article 6(c) of schedule i ..... column no. 2. yet another objection is that even otherwise the agreement of sale in question would fall under article 6(c) of schedule i-a of the said act which deals 'within any other case'. hence, the objection is that in any event the document in question is insufficiently stamped and hence the same is liable for the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-28-2003
Reported in : 2004(1)ALD440; 2004(4)ALT1
..... the same earlier at the relevant time.7. no doubt, the said decisions were rendered interpreting order xiii rule (2) of the code, which has been omitted and substituted by act 46 of 1999 with effect from 1-7-2002. but, as at present, order viii rule 1a (3) of the code provides that a document which ought to be produced .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-28-2003
Reported in : 2004(1)ALD(Cri)227; 2004(1)ALT301
..... the allegations made in the fir or the complaint on the basis of the evidence collected during investigation only while dealing with a petition under section 482 criminal procedure code seeking the quashing of the fir and the criminal proceedings. the learned single judge apparently fell into an error in evaluating the ..... seeking a declaration that the action of the first respondent in registering the crime is illegal and arbitrary. the petitioner contends that the offences under sections 189, 506 and 509 ipc are non-cognizable and bailable offences and, therefore, registration of crime is illegal.2. the writ petition cannot be ..... section gives no new powers, it only provides that those which the court already inherently possess shall be preserved and is inserted, as their lordships think, lest it should be considered that the only powers possessed by the court are those expressly conferred by the criminal procedure code, and that no inherent power had survived the passing of that act .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-28-2003
Reported in : 2004(4)ALD64; 2004(5)ALT365
ORDERP.S. Narayana, J.1. Heard Sri C. Panduranga Rao, the learned Counsel representing the petitioner in the application, who is the respondent in S.A. No. 685 of 1994 and Sri Gangarami Reddy, the learned Counsel representing the respondent in the application, who is the appellant in S.A. No. 685 of 1994.2. This application is filed by the petitioner to set aside the judgment and decree dated 18-4-2003 in S.A. No. 685 of 1994 and allow the petitioner to submit his arguments in the second appeal and pass such other suitable orders.3. It is stated in the affidavit filed in support of the application that on account of business necessity, the petitioner had shifted to Srisailam along with his family. It is pertinent to note that the word 'Srisailam' had been inserted in the affidavit with pen. It is also stated that the address given in the appeal could not be changed since he had shifted suddenly. It is further stated that he had no knowledge at all about the pendency of the second appea...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-27-2003
Reported in : 2004(1)ALT459
..... law.4. a perusal of the very show-cause notice, served upon the appellant and others calling upon them to show cause why an order under section 60(1) of the a.p. cooperative societies act, 1964 should not be passed against them making them liable for contribution of the amount and loss caused to the vizianagaram co-operative urban bank limited .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-27-2003
Reported in : 2004(1)ALD(Cri)253; 2004CriLJ803
..... medikonda radha filed a private complaint before the court of the additional judicial first class magistrate, vizianagaram, who referred the same to vizianagaram rural police for investigation under section 156(3) cr. p,c. who registered the same as cr. no. 14 of 2003. after investigation, the deputy superintendent of police, regional incharge officer ..... citizens, or for the scheduled castes and scheduled tribes. article 16 relates to equal opportunity of matters in public employment. since the provisions of the act are not made for or intended for advancement of scheduled caste or scheduled tribe communities and since they do not relate to opportunity in public employment ..... charge sheet against the petitioners and others for offences under sections 147, 148, 447, 427, 352, 323, 506 (2), 354, 109 r/w. section 149, ipc and sections 3(1)(x) and 3(2)(vii) of scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (the act). this petition is filed to quash the said complaint .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-27-2003
Reported in : 2004(1)ALD366
..... be filed by the party along with an application to condone the delay in filing them. the explanation for delay is not as rigorous as one filed under section 5 of the limitation act. these documents were not in the possession or custody of the appellants, but they have obtained certified copies from the revenue authorities and sought to be produced. ..... reddy's case (supra), the apex court while dealing with order 13 rule 1(2) of the code, order 41 rule 27 of the code and under section 5 of the limitation act, 1963 observed as hereunder: 'it is clear from its bare reading that the parties or their counsel shall be required to produce all the documentary evidence in their ..... the code dealing with the duty of the defendant to produce the documents upon which relief is claimed or relied upon by him also was introduced by virtue of section 18 of the act (46 of 1999) and the said provision reads as hereunder:'amendment of order viii:- in the first schedule, in order viii-- (i) for rule 1, the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-27-2003
Reported in : 2004(4)ALD59
..... under article 227 of the constitution, was traced in waryam singh v. amarnath, : [1954]1scr565 . the jurisdiction can be traced back to section 15 of the high courts act, 1861 which gave a power of judicial superintendence to the high court apart from and independently of the provisions of other laws conferring revisional jurisdiction on ..... civil revision petition, filed e.o.p. no. 4/99 on the file of election tribunal/principal district munsif, sattenapalli under section 61(3)(b) of a.p. co-operative societies act, 1964 to declare the election of respondents 5 to 8 in the said e.o.p. as office bearers of the managing committee ..... the high court. section 107 of the government of india act, 1915, and then section 224 of the government of india act, 1935, were similarly worded and reproduced the predecessor provision. however, sub-section (2) was added in section 224 which confined the jurisdiction of the high court to such .....
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