Court : Andhra Pradesh
Decided on : Sep-11-2003
Reported in : 2004(1)ALT769; 2004(1)ARBLR566(AP)
..... as illegal on the ground that the arbitrator travelled beyond his jurisdiction. in the third cited decision, the supreme court held that while dealing with a petition under section 20 of the arbitration act, 1940 the court is obliged to examine whether a difference which is sought to be referred to arbitration is one to which the arbitration agreement applies. if it ..... said suit viz. superintending engineer, nagarjuna sagar left canal circle (nslc) nuzvid and executive engineer, n.s. canals vijayawada filed o.p. no. 329 of 1987 under sections 30 and 33 of the arbitration act to set aside the aforesaid award dated 08.01.1987.3. the facts of the case in brief leading to filing of the suit and the o ..... court.2. o.s. no. 1684 of 1987 was filed by k. krishnam raju on the file of ii senior civil judge, city civil court, hyderabad under sections 14 and 17 of the arbitration act to make the award dated 08.01.1987 a rule of the court and pass a decree in terms of the award. the said k. krishnam raju .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-11-2003
Reported in : 2003(5)ALD387; 2003(5)ALT515; 2004CriLJ515
..... the petitioner submitted that in view of the settled legal position, the grounds of detention do not satisfy the requirements of law in passing detention order under section 3 of the act and the said grounds and incidents mentioned therein refer to crime against individuals. further, out of them one ended in compromise before the lok adalat and ..... 15-7-2003 and the material relied upon by the detaining authority were served on the detenu on 19-7-2003, which satisfies the requirements of section 8 of the act.8. the contention of the petitioner that the detaining authority has no jurisdiction to pass such an order, since two incidents upon which the detention order ..... enough to show that the detenu was a rowdy-sheeter and a goonda. further, the allegation that detenu was not supplied with any material as required under section 8 of the act and as such, he could not make effective representation was not correct. all the material relied upon, both in english and vernacular language, were served .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-11-2003
Reported in : 2003(2)ALD(Cri)712; 2004CriLJ1051
..... , ipc, since the victim was a minor less than 12 years old on the date of occurrence.5. now doming to the offence under section 3(2)(v) of the s.c. and s.t. (prevention of atrocities) act, 1989, it reads as under:'(2) whoever, not being a member of a scheduled caste or a scheduled tribe,--(v) commits any offence ..... imprisonment and to pay a fine of rs. 200/-, in default he had to undergo simple imprisonment for one month for the offence under section 3(2)(v) of the s.c. and s.t. (prevention of atrocities) act, 1989 and rigorous imprisonment for ten years and to pay a fine of rs. 1,000/-, in default he had to undergo simple ..... judgment. therefore, both the appeals are being decided by this common judgment.2. the accused was charged with an offence under section 376 of i.p.c. and section 3(2)(v) of the s.c. and s.t. (prevention of atrocities) act, 1989. he pleaded not guilty and was tried. prosecution examined 16 witnesses and exhibited 16 documents. the trial court convicted .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-11-2003
Reported in : 2004(2)ALD654
..... the vires of statutory legislations (except where the legislation which creates the particular tribunal is challenged) by overlooking the jurisdiction of the tribunal concerned. section 5(6) of the act is valid and constitutional and is to be interpreted in the manner we have indicated.' 11. there cannot be any doubt that the aforesaid ..... the extent they exclude the jurisdiction of the high courts and the supreme court under articles 226/227 and 32 of the constitution, are unconstitutional. section 28 of the act and the 'exclusion of jurisdiction' clauses in all other legislations enacted under the aegis of articles 323a and 323-b would, to the same extent ..... stage or post recruitment level, the matter has to be necessarily agitated before the andhra pradesh administrative tribunal which is vested with the jurisdiction under section 15 of the administrative tribunal act. he relies on the decision of supreme court in k. narayan v. state of karnataka, : air1994sc55 . hence the writ petition as .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-10-2003
Reported in : 2004(1)ALD400; 2004(3)ALT765
..... once and for all and such rejection made finally became irresolutely binding and rendered impossible the performance of the contract resulting in frustration as envisaged under section 56 of the contract act, the relief cannot be refused for the mere pointing out of some obstacles. since the agreement to sell, in this case relates to an ..... -500003dated: 8-8-1980tos/sri s.a. razacks.a. rahman,mahnmooda begum, sharafunisa begum.3-9-47, syed jalal garden, marredpally,secunderabadsub: notice under section 26 of ulc act-76ref: your letter dated 30-7-1980out of your prescribed ceiling limit of 1000 sq.mts. your individual share of urban properties including built up area/vacant ..... houses and open land. after verification the competent authority included an extent of 2253 sq.mts. occupied by the residential houses, issued final statement under section 9 of the act ,the extent of vacant land that can be retained by each member of the family by proceedings dated 13-4-1997 separately for each member of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-10-2003
Reported in : 2003(6)ALD299; 2003(5)ALT705
..... and rejected.' the commissioner of police in exercise of the power conferred upon him under clauses (f), (g) and (h) of sub-section (1) of section 21 of the hyderabad city police act, 1348 fasli promulgated the rules with the assent of h.e.h. the nizam's government known as 'the rules relating to places of public ..... to the public street, by persons other than government or municipal officers authorised in this behalf, (iv) the carrying through public streets or public places gunpowder or other explosive substances, (v) blasting, (g) regulating the entrance or exit at any place of public amusement or place of public entertainment or at any meeting or public ..... theatre, music and dancing hall, billiard room, gymnasium or any other place allotted for such purpose'. 'public place of entertainment' is also defined in section 3 (h) of the police act, which reads; 'public place of entertainment' means any enclosed or open place to which the public have access and where any kind of articles of food .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-10-2003
Reported in : 2004(4)ALD554
..... .p. against the legal representatives. hence, in view of the factual position, it is imperative for the court below to enquiry about the executability of the decree as enjoined under section 47 of cpc.10. hence, the executing court notwithstanding the pendency of order 9, rule 13 petition, shall conduct an enquiry about the executability of the decree having regard to ..... was filed and decree was obtained against a dead person. it is further to be noted that all questions relating to execution have to decided by the executing court under section 47 of cpc and a separate suit is barred.8. in the instant case, if order 9, rule 13 petition is allowed and eventually in any event, the suit is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-10-2003
Reported in : 2004(1)ALD338
..... has a rational nexus to the object sought to be achieved. it is imperative that there must be a nexus between the basis of classification and the object of the act, rule or order under consideration. see express newspapers ltd. v. union of india, : (1961)illj339sc , ram krishna dalmia v. justice tendolhar, : [1959]1scr279 and air india v ..... of pension and the pensionary benefits. if this contention is accepted taking into consideration notional fixation for purpose of pension also would not arise. but the government had acted on the notional pay and fixed the pension, may be notionally. if the pension is to be fixed on the basis of the actual pay drawn, then ..... arrived at by the government after consultation with the recognized unions, such a decision cannot be unilaterally altered to their prejudice and thus the government is estopped from acting in derogation of the decisions taken. they also contended that when once the pension has been fixed on the basis of notional pay drawn, there is no .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-10-2003
Reported in : 2003(5)ALD644
..... and even failed to hear arguments on behalf of the appellant and posted the case for the same evening to announce the order.17. scope of section 39 of the act has been noticed in the impugned order stating .that mandatory injunctions are granted to prevent the breach of an obligation for which discretion is given to ..... for from the court below.12. before we proceed further, it would be necessary for us to refer to certain averments made in the petition filed under section 9 of the act.13. the respondent and the appellant entered into an agreement on 19.11.2002 for distribution of package of satellite channels through irds (integrated receiver decoders) ..... at liberty to take appropriate proceedings.10. the learned counsel appearing for the respondent submitted that it was a fit case where in a petition filed under section 9 of the act the court could intervene and grant interim measure of protection pending consideration of the main petition, which the court below has rightly done it in the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-09-2003
Reported in : 2003(6)ALD611; 2003(6)ALT338
..... engulf a case of this nature, especially in the light of the scope and ambit of the regular suits for declarations and injunctions and the reference proceedings under sections 30 and 31 of the act.12. as already stated supra, the parties to the dispute are mohammedans. we are called upon to decide the validity of the gift made by mohd. ..... land acquisition authority and also filed a suit for declaration and injunction, meanwhile on my objection the land acquisition authority referred the matter to sub-court nirmal, under sections 30, 31 of l.a. act for objection. that i have also filed our claim statement in the sub-court, nirmal in o.p. no. 24/1987 which is pending for trial. that ..... if so, to what relief the parties are entitled to? point no. 1: the matter is decided by the reference court by virtue of the reference made under sections 30 and 31 of the act. the dispute pertains to h.no.6-19, corresponding to old h.no.6-11, at narsapur, which was submerged in sriramsagar project. it is not in .....
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