Court : Andhra Pradesh
Decided on : Nov-27-2003
Reported in : 2003(6)ALD897; 2004(1)ALT178
..... become part of the advice. even if the material is looked into by or shown to the president, it does not partake the character of advice. article 74(2) and section 123 of the evidence act cover different fields. it may happen that while defending the proclamation, the minister or the official concerned may claim the privilege under ..... section 123. if and when such privilege is claimed, it will be decided on its own merits in accordance with the provisions of section 123. (7) the proclamation under article 356(1) is not immune from judicial .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-27-2003
Reported in : 2004(173)ELT14(AP)
..... respondent issued two demand notices dated 20-1-1994 directing the petitioner to pay rs. 5,53,391/- and 11,64,078/- towards customs duty under section 28 of the customs act. aggrieved by the said demand notices, two appeals were filed before the appellate commissioner. as detention order was passed by the 4th respondent, the petitioner ..... 2 are concerned are justified. it is also submitted that under the scheme of the act, powers are available to the customs authorities under section 25 of the customs act and therefore, the action of the respondents is in tune with the customs act and no interference is called for.5. there are two things which have to be ..... submitted that the respondent passed the order impugned in this writ petition, but no reasons were given. as such, it is contended that the respondents have not acted as per the directions of the high court and therefore seeks appropriate directions from this court.4. we have heard sri t. suryakaran reddy, learned standing counsel for .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-25-2003
Reported in : [2004]51SCL345(AP)
..... to such disputes as the arbitration or conciliation were pursuant to an arbitration agreement referred to in sub-section (1) of section 7 of that act.11. section 7 of the act deals with appeal. section 7a of the act dealing with establishment of industry facilitation council reads:'the state government may, by notification in the official ..... or more industry facilitation councils at such places exercising such jurisdiction and for such areas, as may be specified in the notification.'12. section 7b of the act dealing with composition of industry facilitation council reads as hereunder:(1) the industry facilitation council shall consist of one or more members to ..... by the counsel in this regard representing the respondent cannot be accepted that an alternative remedy is available to the revision petitioner under section 34 of the arbitration and conciliation act, 1996. on the question of jurisdiction and limitation, reliance was placed on the following decisions : state of rajasthan v. ram .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-25-2003
Reported in : 2004(1)ALD778
..... initiated by the special deputy tahsildar, k.r. puram, before the special deputy collector (tribal welfare), k.r. puram, west godavari district, against various individuals under section 3 of the a.p. scheduled areas land transfer regulation, 1959 (regulation no. 1 of 1959) (for short 'the regulations'). the allegations in these proceedings were ..... , such power ceases to be available to him once the special deputy collector exercises the same. in such cases, the agent to the government can act only as an appellate authority, but not as original authority. it is settled principle of law that where concurrent powers are conferred on various authorities, ..... a century. even during alien rule, special enactments, such as, the scheduled districts act 1874, the agency tracts interest and land transfer act 1917, etc., came to be made. special provisions were contained in the government of india act 1935 in respect of scheduled tribes. the constitution of india has contained specific provisions, such .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-25-2003
Reported in : 2004(1)ALD325; 2004(4)ALT619
..... ep no. 51/98 and the same was dismissed for default on 22-2-1999. for the balance of the amount, they filed ia.no. 2935/2001 under section 174 of the act. the said provision enables the beneficiary of an award to recover the amount as arrears of land revenue, on a certificate being issued by the tribunal to that effect ..... ,52,000/- of awarded amount, interest and costs. balance of the amount was not deposited. hence, the petitioners filed i.a.no.2935/2001 under section 174 of the motor vehicles act 1988 (for short 'the act'), for issuance of a certificate directing the district collector, krishna, to recover the compensation from the 2nd respondent, as arrears of land revenue.3. the application .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-25-2003
Reported in : I(2004)ACC792; 2004ACJ847; 2004(1)ALD594; 2004(4)ALT56
ORDERMotilal B. Naik, J.1. The order, dated 11.3.2003 made in LA. No. 534 of 2002 in O.A.A. No. 28 of 2000 by the Railway Claims Tribunal, Secunderabad is assailed in this revision petition on various grounds.2. The petitioner herein along with his mother and two sisters filed O.A.A. No. 28 of 2000 before the Railway Claims Tribunal seeking compensation for the death of his father late Sri Yellaiah in an untoward incident of fall from train and the above application was allowed by the Tribunal by order, dated 27.3.2002 awarding a compensation of Rs. 4,00,000/-in all. The claimants including the petitioner were awarded an amount of Rs. 1,00,000/-each and the said amount was ordered to be kept in fixed deposit initially for a period of three years renewable from time to time. However the petitioner and other legal heirs were permitted to withdraw the interest accrues thereon every month. While so, the petitioner herein filed LA. No. 534 of 2002 before the Tribunal seeking permission to w...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-24-2003
Reported in : 2006(4)ALD807
..... same would disable the petitioner from proceeding with the construction. the relevant fact is that when the commissioner takes decision either under section 212 or section 213 read with section 215 of the act, the petitioner filed a suit before the civil court as there is cloud on his title. learned senior counsel also submits that ..... to grant a direction to the commissioner to grant permission.19. as already pointed out, the second has to be appreciated with reference to section 215 of the act. the said section deals with grounds on which approval of the site or licence to construct or reconstruct a building may be refused. it reads as under ..... the petitioner after obtaining legal opinion.10. learned senior counsel sri e. manohar, appearing for the second respondent contends that the grounds mentioned in section 215 of the act would enable the commissioner to refuse permission. the commissioner may refuse permission for one or more grounds. when the matter regarding title of rival claimants .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-24-2003
Reported in : 2004(1)ALD629; 2004(4)ALT614
..... is whether the unregistered agreement of sale can be received and marked in a suit for specific performance of the agreement of sale?point:5. section 17 of the registration act, 1908 reads as follows:17. documents of which registration is compulsory :--(1) the following documents shall be registered, if the property to which ..... an objection raised by the defendant that an unregistered agreement of sale cannot be marked as it is a compulsorily registrable document under section 17 of the registration act, 1908 (for short 'the act'). the lower court overruled the said objection and passed the impugned order admitting the document. being aggrieved by the said order, the ..... . 16 of 2000, which reads as follows;heard. objections regarding the admissibility of agreement of sale. as this being a suit for specific performance, section 49 of registration act expressly exempted this class of cases. i hold that the suit document namely this agreement of sale dated 18-8-1999 is admissible in evidence.2. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-24-2003
Reported in : 2004(1)ALT500
..... several conditions mentioned in schedule a and schedule b, annexed thereto. the said order was issued under section 25 of water (prevention and control of pollution) act, 1974 and section 21 of air (prevention and control of pollution) act, 1981 and the rules made thereunder.20. the counter filed on behalf of the 7th respondent- ..... . catchment area of himayatsagar and osmansagar lakes are included.3. that apart, the central government in exercise of the powers conferred by section 3(2) and (1)(v) of the environment protection act, 1986 read with rule 5 (3) (d) of the environment protection rules 1986 issued environment impact assessment notification vide so 60 ..... certificate and seeking consent for establishment was submitted to the a.p. pollution control board under section 25 of the water prevention and control of pollution act, 1974 and section 21 of the air prevention and control of pollution act, 1981. in pursuance thereof having considered all the aspects the board granted cfe dated 18- .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-24-2003
Reported in : 2005(2)ALD136
..... of england, 4th edn., vol.27, paras 444, 445, 446 and 450; and note (1) to para 446.) under the illustration to clause (f) of section 111 of the transfer of property act, there would be an implied surrender of the former lease if a lessee accepts from his lessor a new lease of the property leased to take effect ..... nair v. p. naganatha iyer, : [1992]3scr371 , in which their lordships of the supreme court observed in paragraph 10 is as follows:'under clause (f) of section 111 of the transfer of property act, 1908, implied surrender is a mode for determination of a lease of immovable property. in english law, delivery of possession by the tenant to a landlord and ..... as pleaded by the appellants herein is not true and genuine one.5. nextly the counsel vehemently contended that the courts ought to have held under section 111-f of the transfer of property act there should be an implied surrender by virtue of the conduct of the first respondent. in support of his contention he cited a decision in .....
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