Court : Andhra Pradesh
Decided on : Dec-18-2003
Reported in : 2004(1)ALD(Cri)410; [2005]125CompCas815(AP)
..... of the first petitioner-company, the complaint against them cannot be quashed, because it is for them, in view of the second proviso to sub-section (1) of section 69 of the act to establish that they are not liable for punishment, by strongly relying on j.n. bagga v. all india reporter ltd., : air1969bom302 and ..... cognizance of the offence under section 138 of the negotiable instruments act, obviously a mistake for section 63 of the act, and issued summons to the petitioner. this petition is filed to quash the said complaint.3. the contention of learned counsel ..... the said film 'badi' had telecast the said feature film on june 28, 2003 and hence are liable for punishment under section 63 read with section 69 of the copyright act, 1957 (for short 'the act').2. the learned magistrate, after recording sworn statement of mr. k. radhakrishna, manager of the first respondent branch at hyderabad took .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-17-2003
Reported in : 2004(4)ALD307; 2004(3)ALT665
..... against him. similary, a division bench of the punjab and haryana high court in bhagwan dass v. bhishan chand and ors., , drew a presumption under section 114 of the evidence act against a party who did not enter into the witness box.'the supreme court has categorically stated in the aforesaid decision that presumption has to be drawn under ..... the execution in a particular form is prima facie proof that the document was executed by the signatory, because, normally, it has to be presumed under section 114 of the evidence act that a person only puts a signature in a document in token of his execution thereof. but the present one, it seems to us, is an ..... giving the title deeds will only show and probabilise that they executed guarantee deeds and defendants 2 and 3 are prepared to stand as sureties. section 58 of the transfer of property act, 1882 says that where a person delivers to a creditor or his agent documents of title to immovable property with intent to create a security thereon .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-17-2003
Reported in : 2004(4)ALD518
..... not a public charitable endowment attached to the petitioner tank. the lower court, therefore, concluded that the entries made in the property register under section 6(c)(i) of the act need not be deleted.9. the lower court after considering the order of the deputy commissioner came to a conclusion that there are no grounds ..... aside?6. the material placed by both parties discloses that according to the assistant commissioner, endowments department, the tank in question was published under section 6(c)(i) of the endowments act of 1966 by the commissioner endowment , hyderabad on 19-12-1983 and the land of an extent of ac.05-58 cents is an ..... holder or employee under the andhra pradesh (andhra area) inams (abolition and conversion into ryotwari) act, 1956, but shall be deemed to be a charitable endowment.8. the lower court referred to sub-section 6 of section 87 of the act also regarding drawing of the presumption in respect of properties relating to the endowment department. the lower .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-17-2003
Reported in : 2004(1)ALD247; 2004(4)ALT561
..... in the preceding paragraphs.26. learned senior standing counsel for the rbi strenuously contended that since there does not exist any specific provision in the act in cases governed by section 115-b warranting issuance of a show-cause notice, the principles of natural justice stand excluded. he contends that it is in the interest of ..... it is not in dispute that the bank falls within the definition of 'eligible co-operative banks' and thereby chapter xiiia applies to it.17. section 115-b of the act contains special provisions applicable to the eligible co-operative banks. it is beneficial to extract the same:'115-b. special provisions applicable to eligible co-operative ..... their case that the impugned show-cause notice itself was unwarranted in view of the fact that once a direction is issued by them under section 115-b of the act, the 1st respondent has no other alternative except to implement it straightaway. copious reference is made to the inspection conducted by them into the functioning .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-16-2003
Reported in : 2004(1)ALT779
G. Bikshapathy, J.1. The Writ Petition is filed by the Central Government challenging the Order passed by the Central Administrative Tribunal in O.A.No. 3 of 2001, dated: 12-3-2003.2. The respondent filed an O.A. challenging the Order dated: 29-9-1997 passed by the Assistant Superintendent of Post Office, Bhadrachalam, Khammam Division removing the respondent from service as confirmed by the appellate and revisional authorities. The respondent, who is an applicant before the tribunal was appointed as Extra Departmental Delivery Agent (for brief 'E.D.D.A.'), Pinapaka in Bhadrachalam sub-area with effect from 15-9-1981. While he was working at Pinapaka, he applied for leave from 6-2-1996 to 25-2-1996 on the ground that his brother-in-law fell sick and he has to be treated at Hyderabad. Ultimately, his brother-in-law expired. It is also his case that on account of the tremendous stress, he also fell sick and could not resume duty. A charge memo dated: 30-12-1996 was served alleging that h...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2003
Reported in : 2004(1)ALD419; 2004(2)ALT41
..... commission and the resultant ppa and the conditions therein are binding on the 1st respondent, it is necessary to look into the provisions of the act.34. section 21 of the reforms act deals with the restrictions on licensees and generating companies. the said provision is extracted as under for ready reference;(1) no licensee or generating ..... (2), (3), or (4) unless made with or subject to such consent as aforesaid, shall be void. 35. clause (b) of sub-section (4) of section 21 of the reforms act postulates that the licensee - transco may enter into agreement for the purchase of electricity from a generating company, only with the consent of the commission and subsection ..... in other words, the 1st respondent had the knowledge that the ppa was entered into only pursuant to the sanction given by the commission under section 21(4)(b) of the reforms act. in such a case, the agreement that is entered into between the petitioner and the 1st respondent should be understood as consequential to the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2003
Reported in : 2004(1)ALD(Cri)506; 2004CriLJ1634
..... a sentence of imprisonment of either description for a term which may be less than five years, but which shall not be less than two years.' section 3(1)(xi) of the sc and st act reads as follows :'3. punishment for offences of atrocities(1) whoever, not being a member of a scheduled caste or scheduled tribe,(xi) assaults or uses ..... description for a term which may be less than five years, but which shall not be less than two years.'7. whereas, the penal provision under section 3(1)(xi) of the sc and st act makes the offence punishable upto 5 years and with fine, and the minimum punishment being 6 months.8. hence, these aspects have to be kept in ..... , ipc to undergo r.i. for 5 years and also imposition of fine of rs. 100/-is set aside. the conviction and sentence imposed under section 3(1)(xi) of sc and st act to undergo s.i. for 6 months along with imposition of sentence of fine of rs. 100/-is confirmed. the period of custody is ordered to be given .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2003
Reported in : 2004(1)ALD526; 2004(1)ALT787
..... suffer from irregularity, the effect of the subsequent proceedings need not be gone into.23. for the foregoing discussion, the surcharge proceeding under sub-section (1) of section 60 of the act and the sale notice issued under rules 52 and 53 of the rules are liable to be set aside and accordingly they are set aside. ..... considered view would be a futile exercise.19. apropos the contention of the learned government pleader that pursuant to the surcharge order passed under section 60(1) of the act, proceedings under section 70 have been issued and consequently the execution as prescribed under rules 52 and 53 have also been initiated, it is to be noted ..... have been initiated against her for the irregularities allegedly committed by her late husband while he was in office. therefore, the surcharge order passed under section 60(1) of the act and the consequential proceedings initiated under rules 52 and 53 of the rules are illegal. secondly; no proper opportunity by way of conducting an .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-12-2003
Reported in : 2004(1)ALD(Cri)596; IV(2004)BC244
..... . the case was taken on file as c.c. 215 of 1998 and when the accused was examined for the offence punishable under section 138 read with section 142 of the n.i. act under section 239 of the code of criminal procedure, he denied the same.4. on behalf of the complainant 2 witnesses were examined and 10 ..... file of the court of judicial first class magistrate, gadwal whereunder the accused-respondent no. 1 herein was acquitted for the offence punishable under section 138 read with section 142 of the negotiable instruments act on two grounds. firstly, that the complainant-appellant failed to establish that the cheque in question was issued by the accused towards discharge ..... case, imposition of fine would be sufficient to meet the ends of justice.19. in the result, the accused is convicted for the offence punishable under section 138 of the negotiable instruments act and sentenced to pay a fine of rs. 5, 000/-, in default, to undergo simple imprisonment for one month. the fine amount imposed by .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-12-2003
Reported in : 2004(1)ALD539
..... the suit only.7. therefore, i am of the opinion that, the court below is not right in directing the plaintiff's to pay the court fee under section 34(1) of the act. accordingly, the order of the court below is set aside and the civil revision petition is allowed. the trial court may proceed with the trial of the suit ..... the market value of immovable property, excluded in the plaintiff's share. on that analogy, the court below directed the plaintiffs to pay the court fee as per section 34(1) of the act. it is specifically asserted by the plaintiff's that, they have not been excluded from the possession of the property sold in favour of the 7th defendant, but ..... nominal, the plaintiff's are entitled to ignore the same. it is further asserted that all the co-sharers are in joint possession of the property.5. under section 34(1) of the act, in a suit for partition, where the plaintiff's are not in possession of any such property of the joint family, the court fee shall be computed on .....
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