Court : Andhra Pradesh
Decided on : Aug-13-2003
Reported in : 2004(1)ALD647; 2004(2)ALT331
..... in the securities in respect of which succession certificate is issued, in a civil court is not lost by the order issuing a succession certificate in view of section 372 of the succession act.6. the details of securities in respect of which the certificate is applied for are not clearly mentioned in the petition. but from a reading paras 6 and ..... , j.1. seventh respondent in op no. 489 of 1998 is the appellant in this appeal.2. respondents 1 to 8 filed the aforesaid o.p. under section 372 of the indian succession act seeking succession certificate in their favour for the 3/4th amount from out of the securities left behind by k. shabbir ahmed (hereinafter referred to as the deceased ..... not apply to them. in fact a division bench of this court in ali mohd. v. special deputy collector, : air1974ap18 , held that section 370 of succession act applies to muslims also.5. i find no merit in the contention of the learned counsel for the appellant since o.s. no. 596 of 1998 was dismissed, the court .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-12-2003
Reported in : 2004(3)ALD138
..... case as exs.r.3 to r.14 and r.15. the entries in account books maintained in regular course of business are no doubt relevant under section 34 of the indian evidence act. but the entries which are not supported by any vouchers nor proved to have been maintained in regular course of business becomes quite irrelevant. therefore, the ..... that it was a clear case of waiver on the part of the landlady since she failed to resort to the provisions of section 11 of the a.p. buildings (lease, rent and eviction) control act, 1960 ('the rent control act' for brevity).8. per contra, sri m.v.s.suresh kumar, learned counsel appearing for the respondent-landlady, contends that ..... not only that, no application during the pendency of the eviction proceeding was filed under section 11(4) of the act and, therefore, when no action was taken by the landlady requesting the rent controller to stop the proceedings under section 11(4) of the act and when the bank draft was sent for the full amount of the arrears it was .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-12-2003
Reported in : 2003(6)ALD139; 2003(5)ALT541
..... management relied upon certain instances of alleged irregularities that were committed by the petitioner in 1974. according to the learned counsel, if the petitioner has committed certain acts of irregularities in the year 1974, by which if the management had lost confidence in the petitioner, there is absolutely no justification in continuing him till 1985 ..... would be bad while in the case of a workman the order could be justified even in the course of adjudication before the appropriate tribunal under the industrial disputes act, even though no inquiry had been undertaken earlier'.in the case of l. michael v. johnson pumps ltd. (supra), the apex court, while considering the ..... under article 226 to issue a writ of certiorari with reference to an order passed by the labour commissioner under the provisions of the shops and establishment act, made the following observations:'the commissioner was certainly bound to decide the questions and he did decide them. at the worst, he may have come to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-12-2003
Reported in : 2004(4)ALD48
..... known as 'indira vikas patra rules, 1986' (for short 'the rules') were made and issued by the government of india in exercise of the powers conferred by section 12 of the government savings certificates act, 1959.9. rule 5 of the rules prescribes the procedure for purchase of certificates. it says that a certificate may be purchased at a post office on ..... herein. the said manual has no application whatsoever either for purchase or encashment of indira vikas patras. hence a writ of mandamus does not lie compelling the appellants herein to act in accordance with manual which has no application whatsoever for encashment of indira vikas patras.15. in the circumstances, we are of the opinion that rule 43 of posb manual .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-08-2003
Reported in : 2003(6)ALT742
..... are entitled for reinstatement into service with all attendant benefits except back wages.however, this will not prevent the authorities from taking any action as per section 7 of act 2 of 1994, if they so desire.(ii) respondents may also consider the feasibility of regularizing the services of the petitioners in the respective cadres by ..... cases. the argument of the learned additional advocate general seems to be very reasonable, but nothing prevented the 1st respondent from invoking the proviso to section 7 of act 2 of 1994 and terminating the services of the petitioners by either giving one month notice or by paying one month's wages in lieu of ..... is no necessity of going into the arguments advanced that the attachment of the petitioners to a contractor apart from being violative of section 25f of i.d. act is also violative of section 9-a thereof.20. learned additional advocate general further argued cautiously that any interference by this court holding that the disengagement of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-08-2003
Reported in : 2004(2)ALT825
..... decree had been passed by it itself, and since the decree in that case was passed on 18-2-1953, prior to coming into force of 1954 u.p. amendment act, amended section 42 c.p.c. would not apply to the sale in execution of the decree. appeal against the said judgment of the learned single judge, was referred to a ..... to be void or is a nullity.7. to decide the question whether the sale in e.p.no. 7 of 1979 is void, it is necessary to refer to section 13 of act 7 of 1977, which reads as follows:'in any suit or proceeding, the burden of proving that the debtor is not entitled to the protection of this ..... satisfaction of the court and there should be an adjudication holding that the debt sought to be recovered under the suit is not the one covered by the act. this inference is irresistible under section 4 (1), which seeks to discharge the debt notwithstanding the provisions of any law in existence but also any other contract or instrument having the force of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-08-2003
Reported in : 2003CriLJ4689
..... confiscated the vehicle of the petitioner on the ground that it was involved in transportation of jaggery. the provision under which the confiscation is made is section 34(a) of the act.6. the 3rd respondent was sure that what was transported through the vehicle of the petitioner is jaggery. the name of the commodity assumes significance ..... before the order of confiscation came to be passed.3. learned government pleader of prohibition and excise, on the other hand, submits that reference to section 34(a) of the act in the order of confiscation is only a typographical mistake. according to him, the confiscation was on the ground that the vehicle of the petitioner ..... through his proceedings dated 30-10-2001, on the ground that it was involved in transportation of 'jaggery'. the violation is said to be of section 34(a) of the act. the petitioner carried the matter in appeal before the first respondent the commissioner of prohibition and excise. he affirmed the order of the second respondent. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-08-2003
Reported in : 2004(1)ALT491
..... respective pleadings before the court of first instance, the following issues and additional issue had been framed:issues:1. whether the notice issued under section 106 of the transfer of property act is not valid?2. whether the plaintiff is entitled to eviction and vacant possession of the plaint schedule property?3. whether the plaintiff is ..... had filed a petition before the court seeking permission to deposit the monthly rents from june 1996. the notice issued by the plaintiff under section 106 of the transfer of property act is on false and concocted grounds. the notice of termination is bad, defective and not maintainable in law. the plaintiff has not complied with ..... plaintiff. further, the defendant had not paid the monthly rents from 1-1-1994 till april 1994. the plaintiff issued a legal notice under section 106 of the transfer of property act terminating the monthly tenancy of the defendant in the suit schedule premises (ground floor) with effect from 10-12-1994, calling upon him to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-08-2003
Reported in : 2004(1)ALT289; II(2004)DMC550
..... '. in the above case, the respondent-wife alleged that the. husband has got sex relations with one m.v. bharati. further, in the suit filed under section 9 of the act also, the wife made similar allegations of alleged-illegal intimacy, where an ex parte decree was passed. in that factual background, the division of this court, referring ..... circumstances the wife quarrelling with the husband abusing him, cannot be construed that the wife subjected the husband to any sort of mental cruelty as defined in section 13(1) of the act.29. in this case, admittedly, no evidence was adduced by the respondent-husband to disprove the allegations, but the court below held that the appellant ..... he was having illicit intimacy with the neighbour cannot be construed that the wife subjected the husband to any sort of mental cruelty as defined under section 13(1) of the act so as to entitle him to divorce on that ground. the learned counsel also placed reliance on a division bench decision of the punjab and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-08-2003
Reported in : 2004(1)ALD589; 2004(2)ALT59
..... for invoking the benefit under section 119 of the act, and since the long standing possession of the defendants cannot be disturbed at the whims and fancy of the plaintiffs, i find no grounds to interfere with ..... dispossessed by the surapaneni venkateswar rao, and defendants have been enjoying the suit land as owners. plaintiffs are seeking recovery of the suit property by taking recourse to section 119 of the act on the ground that they were deprived of the plaint 'b' land by a third party high-handedly. since the plaintiffs failed to make out a case ..... the other party is liable to return the thing transferred if he is still in possession of such property. therefore, the sine qua non of the applicability of section 119 of the act is a party to the exchange losing possession by virtue of the 'defect in title' of the property or thing received in exchange. if some body forcibly .....
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