Court : Andhra Pradesh
Decided on : Dec-12-2003
Reported in : 2004(4)ALD438
..... objection to the very execution of the said decree by the said court on the ground that rule 35 of the andhra pradesh agency rules, 1924 framed under section 6 of the scheduled districts act, 1874 (in short rules) would operate as a bar and unless the said procedure is followed, though the decree was passed by the learned senior civil judge ..... to say that ordinarily when a decree is passed by the competent court, the said court or any other competent court would have definitely jurisdiction to execute the decree.5. section 38 of the civil procedure code deals with the execution of decree, which specifies that a decree may be executed either by the court which passed it or by the court to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-12-2003
Reported in : 2004(5)ALD29
ORDERP.S. Narayana, J.1. Heard Sri K.V. Subrahmanya Narsu, the Counsel representing the petitioner and Sri J. Srinivasa Rao, the Counsel representing the first respondent.2. The petitioner herein and the second respondent are brothers. The present revision petitioner had taken a stand that he is an independent tenant, claiming tenancy rights under the landlady. The stand taken by him is that his brother was the prior tenant. The stand taken by the landlady is that the revision petitioner is just a member of the self same family.3. The learned Junior Civil Judge, Ichapuram by virtue of the impugned order had impleaded the revision petitioner also as a party, observing that the points raised relating to fresh lease can be decided in the E.P.4. Reliance was placed upon the decision of this Court in Vaggu Agamaiah and Ors. v. South Central Railway., : 2002(2)ALD388 , and a contention was P advanced that :'Inasmuch as Order 1, Rule 10 of Code of Civil Procedure is not applicable at the stag...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-11-2003
Reported in : 2004(2)ALD570
..... power and the court cannot be set to possess inherent power to make an order for rectification of a document when a remedy by way of suit under section 31 of specific relief act, is provided.' 15. in the case covered by the above decision, the survey number of the and was wrongly mentioned, whereas in the case on ..... bench that in appropriate cases like this, where mistakes have arisen by reason of inadvertence in entering the number in the plaint, the court has ample power under section 152 of code of civil procedure to correct such mistakes.13. though the mistake is due to inadvertence of both parties in noticing that the schedule land is situated ..... or an accidental slip or omission. the remedy lies by way of suit under section 31 of specific relief act. it was also observed by the madras high court that section 151 also cannot be invoked for correcting the mistake in the mortgage deed because section 151 does not confer any jurisdiction upon the court to merely declare that nothing shall .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-11-2003
Reported in : 2004(3)ALD149
..... receive the maturity amount. in this view of the matter, the respondent is directed to issue notice to the unauthorized person in whose possession, the vikas patras are available and act accordingly as contemplated under the provisions of sub-rule (3) of rule 43 of the national savings certificates rules, 1981. this exercise shall be completed within a period of two .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-10-2003
Reported in : 2004(4)ALD165; 2004(5)ALT367
..... a will does not ordinarily differ from that of proving any other document except as to the special requirement of attestation prescribed in the case of a will by section 63 succession act. the onus of proving the will is on the propounder and in the absence of suspicious circumstances surrounding the execution of the will, proof of testamentary capacity ..... agreement of the view taken by rajasthan and jammu and kashmir high courts. as far as the case on hand is concerned, it is seen that under section 20 of the act 78 of 1956 the duty of maintaining aged or infirm parents is there on the children if they are not able to maintain themselves within their own earnings ..... arises only when they are unable to maintain herself or himself out of his or her own earnings or other property. since this act was given overriding effect over all other acts under section 4 of the act as no evidence is adduced to prove that late thimmakka have no other property and that she is not in a position to maintain .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-10-2003
Reported in : 2004(2)ALD336
..... the earlier partition was evidenced by an unregistered partition deed will not render proof of the factum of that partition by either evidence inadmissible under section 91 of evidence act, because this section excludes oral evidence only in proof of the terms and not of the existence as a fact of a contract, grant or other disposition ..... of status.9. in b. padmanabhaiah v. b. lakshminarayana, air 1962 ap 132, a learned single judge of this court while referring to section 35 of the stamp act, 1899 held that an unstamped instrument of partition is not at all admissible in evidence even for a collateral purpose. but, an unregistered instrument of ..... covering this field.8. in nagamma v. madala, : air1954mad165 , a learned single judge of the madras high court while dealing with the proviso to section 49 of the registration act, 1908 held that an unregistered deed of partition is inadmissible in evidence to prove the partition, but nevertheless can be relied on as proof of division .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-10-2003
Reported in : AIR2004AP163
..... adducing further rebuttal evidence straightway posted the matter for arguments and in such circumstances thought it fit to allow the application. order xvii of the code deals with adjournments. sub-section (1) of rule 1 of order xvii reads as hereunder ;'the court may grant time and adjourn hearing :-- the court may, if sufficient cause is shown, at any stage of ..... available to such a party. the learned counsel also contended that if any other interpretation is given, it would amount to defeating the very provision introduced by way of amending act, act 46 of 1999. as can be seen from the impugned order, it is no doubt true that the learned senior civil judge at peddapalli had exercised the discretion and in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-10-2003
Reported in : 2004(3)ALD144; 2004(2)ALT105
..... in motor spirit and diesel, holding licence under the relevant control orders. it is required to maintain standards that are stipulated therefor. in exercise of its power under section 3 of the essential commodities act, the central government issued the motor spirit order, specifically dealing with the aspects of adulteration of the product, malpractices, providing for the mechanism for drawl of samples ..... motor spirit and high speed diesel (prevention of malpractice in supply and distribution) order 1998 (for short 'the motor spirit order') in exercise of its power under section 3 of the essential commodities act and that a specific and detailed procedure is prescribed for the purpose of drawl and testing of the samples. according to the petitioner, such tests are indicated in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-09-2003
Reported in : 2004(4)ALD426
..... 65, it was held at para 10:'the conclusion arrived at by the lower court indicates that it did not bear in mind the provisions of sub-section (2) of section 3 of the evidence act. a fact is said to be proved when after considering the matters before it the court believes it to exist or considers its existence so probable that ..... the decision of the district judge on such appeal shall be final. hence, it is clear that an order made in appeal by the tenancy appellate tribunal under section 16(2) of the act attains finality and in this view of the matter, the appellate authority is expected to be more careful and cautious in deciding the matter as a final court ..... learned counsel would maintain that exs.b-3 to b-8 do not reflect the fact that the 3rd respondent is a cultivating tenant within the meaning of section 2(c) of the act. the learned counsel also had taken this court through the relevant entries and explained that at the best, it can be said that the 3rd respondent was in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-09-2003
Reported in : 2004(1)ALD532; 2004(1)ALT642
..... bank ltd., ('the bank') the first respondent herein. as the petitioner failed to repay the loan, the bank initiated proceedings under section 74 of the multi state co-operative societies act, 1984 (central act of 1984). the joint registrar or co-operative societies/ osd, the second respondent herein, in proceedings dated 28-8-2002 passed ..... crisis due to withdrawal of rs. 120 crores by bombay mercantile co-operative bank and therefore, reserve bank of india issued directions under section 35a of the banking regulation act, 1949 restricting the operations of the bank with effect from 25-2-2002. as the petitioner committed default in making payment, the bank ..... 2000. still thereafter, the petitioner did not comply with the award. therefore, the first respondent initiated execution proceedings presumably under section 70 of the a.p. co-operative societies act, 1964 ('co-operative societies act') and the second respondent issued notice of sale to the petitioner in form no. 8 and also form no. 9. .....
Tag this Judgment!