Court : Andhra Pradesh
Decided on : Nov-24-2003
Reported in : 2004(2)ALT57
..... paragraph 28 of vol.1 of halsbury's law 4th edn.).6. insofar as challenge to a judgment/ order passed by this court in exercise of its jurisdiction under section 397 and 401 of the code of criminal procedure, 1973 is concerned, a writ petition would not lie. the petitioner has a constitutional remedy of approaching the hon'ble ..... direction as the hon'ble court deems fit and proper...............2. in a nutshell, the fact of the matter is that the petitioner was charged with an offence under section 304-a and 337 of the indian penal code, 1960 (ipc). he was convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine ..... to pay a fine of rs. 500/- for the offence under section 337 ipc. the judgment of the learned ii additional magistrate who tried the petitioner was assailed before the learned iii additional metropolitan sessions judge-cum-special judge for the trial of cases under the essential commodities act in criminal appeal no. 209 of 2000. the appellate court .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-21-2003
Reported in : 2004(2)ALT355
..... beautifying, promoting attractiveness or altering the patterns, and includes any, article intended for use as a component of cosmetic.similarly, definition of 'drug' in section 3(b) of the act is an inclusive definition which is as under: 'drug' includes-(i) all medicines for internal or external use of human beings or animals and all substances ..... ' and not as cosmetics' under the relevant provisions of the act. 'cosmetic' is defined under section 3(aaa) of the act to mean:'cosmetic' means any article intended to be rubbed, poured sprinkled or sprayed on or introduced into, or otherwise applied to the ..... 106 (1) of the drugs and cosmetics rules, 1945 (hereinafter referred to as 'the rules') read with schedule j and section 3(b) of the drugs and cosmetics act, 1940 (hereinafter referred to as 'the act'. petitioner's claim is that such fairness products manufactured by respondent nos. 5 and 6 deserve to be classified as 'drugs .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-21-2003
Reported in : IV(2004)BC19
..... such body corporate to be prosecuted and punished in the case when an offence is committed by the body corporate. for example is section 138 of the negotiable instruments act, 1881. section 138 of the act makes it an offence to draw a cheque, which would not be honoured by the drawee bank. in view of the fact that ..... the bodies corporate are entitled to maintain bank accounts and draw cheques, the legislature made a specific provision under section 141 of the act, wherein it was stipulated that whenever an offence under section 138 is committed by a company, every person who, at the time of the offence, is in-charge of, and is ..... 1959). in fact, the state bank of india (subsidiary banks act, 1959) defines section 2(k) of the subsidiary act to include the state bank of india under subsidiary banks. chapters of 1959 act deals with the management of the subsidiary banks. section 24, sub-section (2) of the said act reads as follows:'subject to any such directions and instructions, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-21-2003
Reported in : 2004(1)ALD(Cri)391; 2004CriLJ2162
..... but the guilty that is material. the time honoured principle is that evidence has to be weighed and not counted. on this principle stands are edifice of section 134 of the evidence act. the test is whether the evidence has a ring of truth, is cogent, credible and trustworthy, or otherwise.it is also observed at para 10 as ..... be ignored for want of legal proof and for not following the procedure under section 27 of indian evidence act. the only evidence available on record is the evidence of p.ws. 1 and 2. is it believable obviously, the accused are strangers. it is ..... the entire confession statements have been marked which is totally against the provisions of section 27 of indian evidence act. time and again this court has observed that the courts are not following the procedure mentioned under section 27 of the evidence act and totally ignoring the section. hence, the recovery is not established as per law. the material has to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-21-2003
Reported in : [2004]135TAXMAN339(AP)
..... mandatory which is also the interpretation given to this rule by supreme court. but as already observed by us this rule has to be read only with section 29 of the act, which makes this rule applicable as far as possible and with necessary modifications. supreme court interpreted the corresponding provisions of the code of civil procedure, ..... a period of seven days from the date of auction to deposit 25% of the bid amount. in view of the phraseology employed in section 29 of the act, the discretion exercised by the debt recovery officer while following the rule 57, in our considered view, would not vitiate the auction proceedings. this modification thus ..... with necessary modification to the extent necessary.29. in the instant case, the debt recovery officer, having regard to the discretion confer-red on him by section 29 of the act, instead of providing that 25% of the amount will be deposited immediately on declaration of the successful bidder as is provided in rule 57(1), fixed .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-20-2003
Reported in : 2004(1)ALD122
..... the purpose mentioned in the notification is as under:for parking of vehicles and to control vehicular traffic near community hall'invoking powers under section 17 of the act, the enquiry under section 5a of the act was dispensed with. the 2nd respondent approved the notifications.6. in the light of these facts, it needs to be seen as to ..... for providing parking place therefor. the only remedy at the stage of taking decision as to acquisition, which is accorded to the aggrieved party under the act, is an enquiry under section 5a. the scope of this enquiry is very limited. the time that is required to be given to the affected parties to submit their explanations ..... the district collector, the 2nd respondent, to issue notifications is challenged. the petitioner also challenges the action of the respondents in invoking the urgency clause under section 17(4) of the act.3. in the counter-affidavit filed on behalf of the petitioners, it is stated that in an extent of ac. 1-15 cents of government .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-20-2003
Reported in : 2004(1)ALD574
..... proceeding relating to the dispute of title or for recovery of possession of a wakf property or right of mutawalli or beneficiary, the notice is contemplated. sub-section (3) of section 90 of the act made the position clear that the decree obtained by the mutawalli in such proceedings shall become void in the event of the wakf board, making an application ..... to the interest of the institution and as it is for the benefit of the institution, the mutawalli of the wakf need not issue the notice contemplated under section 90 of the act to the wakf board or to any other party. if there are claims of title adverse to the interest of the wakf, they have to bring the claim ..... the revision petitioner that the suit is not maintainable without making the wakf board as one of the parties to the suit. in this regard, section 92 of the act is relevant which reads as follows:'section 92: board to be party to suit or proceeding: in any suit or proceeding in respect of a wakf or any wakf property the board .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-20-2003
Reported in : 2004(1)ALD577
..... jurisdiction as recognised under section 21 of the code of civil procedure is limited to the objections in the appellate and revisional courts. in other words, when at the earliest opportunity objection has ..... to waiving of the objection of territorial jurisdiction of the court. such filing of written statement and raising objection as regards the territorial jurisdiction does not fall under section 21 of the code of civil procedure.11. in bahrein petroleum co., ltd. case, it was held that waiver of right to raise objection about the territorial ..... . on the other hand, an objection as to the local jurisdiction of a court can be waived and this principle has been given a statutory recognition by enactments like section 21 of the code of civil procedure.6. the aforementioned view was reaffirmed by the supreme court in bahrein petroleum co., ltd. v. p.j. pappu, : .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-20-2003
Reported in : 2004(1)ALD(Cri)60; 2004CriLJ1615
..... obviously would be the owner thereof. in case of any transfer of any ownership in respect of that motor vehicle, the procedure is contemplated under section 31 of the m.v. act and till any such transfer of ownership is entered in the certificate of registration, one has to take it that the person in whose favour such ..... motor vehicles act, it is clear that the registration certificate is an essential necessity before any such motor vehicle can be ..... seized by the police one has to consider the effect of the provisions of the motor vehicles act for finding out the true claimant before passing orders relating to such property during the pendency of the criminal proceedings under section 451 of cr.p.c. from the provisions relating to the registration of motor vehicles under the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-19-2003
Reported in : 2005(2)ALT469; 2005(2)CTC426
..... are impliedly infer that the tribunal will not have jurisdiction to condone the delay by taking aid and assistance of either sub-section (3) of section 21 of the act or section 29(2) of the limitation act.15. registry is directed to post the writ petition before the appropriate bench for disposal on its own merits and in accordance ..... miscarriage of justice. if so, whether the tribunal can entertain such review and can condone the delay by taking the aid and assistance of sub-section (3) of section 21 of the act which enables the tribunal to entertain the original application. it is well settled that exercise of power will be circumscribed by the relevant statutory provisions ..... the application for review, since it is vested with the power to entertain the original application filed after the expiry of limitation period as per sub-section (3) of section 21 of the act. accordingly, it condoned the delay. on such condoning the delay it recalled the order passed in r.p.no. 22397 of 1989 dated 3 .....
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