Court : Andhra Pradesh
Decided on : Mar-04-2003
Reported in : 2003(3)ALD64; 2003(4)ALT62
ORDERG. Rohini, J. 1. This writ petition is filed seeking a writ of mandamus declaring the action pf the 1st respondent-Municipal Corporation of Rajahmundry in confining the works of laying pavement only to the tile manufacturing companies and also in awarding most of the works to the respondents 2 and 3 in violation of the procedure in respect of tender notification No.45/2002-03 dated 27.12.2002 as arbitrary and illegal and seeking consequential directions.2. The case of the petitioner is that being a Class-Ill contractor, he is eligible to be entrusted with the works worth Rs.50.00 lakhs and he is competent to execute the civil works of any nature like constructing buildings, laying roads, pavements with interlocking tiles and etc., The 1st respondent issued tender notice No.45/2002-03 dated 27.12.2002 inviting tenders for execution of 104 civil works like laying roads, pavements, construction of culverts, drainages and etc., It was mentioned that the last date for applying for tend...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-03-2003
Reported in : 2003(3)ALD153; 2003(3)ALT485
..... court concerned and the said court shall after necessary inquiry pass such order as it may deem fit.'9. though the language of section 11 of the repealed act and section 23 of the present act cannot be said to be the same exactly in substance, the language employed appears to be one and the same. hence the ratio ..... action taken.' 8. it is pertinent to note that a.p. (telangana area) public societies registration act, 1350f (act 1 of 1350f) had been repealed by virtue of section 32 of the aforesaid act. section 23 of the a.p. societies registration act, 2001 dealing with the dispute regarding management which is extracted hereunder:'dispute regarding management :--in the event of ..... the first petitioner and other institutions and for other appropriate reliefs. the petitioner moved ia no. 561/03 in the said op under section 23 of a.p. societies registration act, 2001 read with section 39 and rules 1 and 2 of cpc. the learned chief judge, city civil court, hyderabad had passed the order on 24.4 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-03-2003
Reported in : 2003(2)ALD909; 2003(3)ALT522
..... and hence formation of another society, on the representation made by the 4th respondent and 17 others, without following the due procedure prescribed under section 15-a of the act, is illegal. learned counsel further contended that the 2nd respondent-commissioner of prohibition and excise has no jurisdiction to bifurcate the existing tcs and ..... others to form a tcs and register the same and grant licences strictly in accordance with the provisions of the ap co-operative societies act and excise act (for short, 'the act'). aggrieved by the said order dated 1-7-2002 passed by the division bench of this court in wa nos.1116 of 2001 and ..... society extends to all the municipal wards of the sadashivapet municipality thus, formation of another society for the same municipality without following the procedure prescribed under the act is illegal. a perusal of the impugned order, it is evident that the 2nd respondent-commissioner having considered the matter at length observed that as per .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-03-2003
Reported in : 2003(3)ALT8
..... ex.p-2 dated 31-1-1998 for rs. 1,29,500/- and as it bounced on presentation in bank, the accused is liable for punishment under section 138 of the act.4. ex.p-1 is an important document produced by the complainant. it is letter addressed to the father of the accused. the letter is undated. ..... guilty, convicted and sentenced him to undergo simple imprisonment for six months and also to pay a fine of rs. 5,000/- for the offence punishable under section 138 of the act. the accused preferred an appeal before i additional sessions judge, visakhapatnam. the learned sessions judge concurred with the findings of the magistrate and dismissed the appeal. ..... a.no. 67 of 2000 on the file of 1st additional metropolitan sessions judge, visakhapatnam confirming the conviction and sentence imposed against the accused under section 138 of the negotiable instruments act (for short 'the act') in c.c. no. 193 of 1998 on the file of v metropolitan magistrate, visakhapatnam.2. the accused issued a cheque ex.p- .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-03-2003
Reported in : 2003(4)ALD212
..... ' filed o.p.no. 69/02 against nandivelugu bhagya lakshmi, hereinafter referred to as 'the wife' for the relief of dissolution of the marriage under section 13 of hindu marriage act, and on 20.11.2002 the husband was present and on hearing for orders the matter was adjourned to 22.11.2002. as can be seen from ..... aspects and an allegation that the transferee court has no jurisdiction to try the proceedings would not bar the high court in exercising the power of transfer under section 24, because the question whether the transferee court has jurisdiction or not would be ascertainable only after evidence on that aspect is adduced and the question considered ..... husband into trouble or to procrastinate the proceedings the present transfer petition was thought of. the learned counsel also had further submitted that no doubt the powers under section 24 of the code are wide but that does not mean at this stage transfer of the proceedings can be ordered. elaborate submissions were made relating to the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-03-2003
Reported in : 2003(1)ALD(Cri)815; 2003(2)ALT(Cri)165; 2003CriLJ3226
..... it was open for the court of magistrate to discharge a person accused of offence exclusively triable by the court of sessions, in exercise of its power under sub-section (2) of section 245, cr. p.c. whenever a court of magistrate receives a final report from the police or a complaint from a complainant, wherein offences triable exclusively by ..... the same is challenged in this revision.4. the learned counsel for the petitioner submits that it was not open to the trial court to exercise power under sub-section (2) of section 245 of cr. p.c. since the case was not even taken on file, much less, any witnesses were examined therein.5. with a view to ascertain ..... the legal aspect of the matter, this court requested sri c. praveen kumar, learned counsel, to assist the court. after examining the matter, the learned counsel submits that section 245 occurs in chapter xix of cr. p.c. which deals with the trial of warrant cases triable by a magistrate and the question of a magistrate discharging a person .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-27-2003
Reported in : 2003(4)ALD519; 2003(5)ALT780
..... require the applicant to given an undertaking for such payment, it cannot be said that the undertaking is contrary to the letter and spirit of the licence or section 28 of the act. the counterpart agreement is a statutory one and an undertaking has been given as prescribed in clause (iv) of form il-28 under rule 30. it ..... and foreign liquor retail sale conditions of licences) rules, 1993 were made in exercise of powers conferred by the act under section 72 read with sections 28 and 29 of the act. likewise, in exercise of the powers under section 72 read with sections 28 and 29, the government made a.p, excise (lease of right to sell indian liquor, foreign liquor and ..... that the government issued g.o. ms. no. 152 revenue (excise-ii) department dated 30.3.2002 in exercise of powers under section 72 read with sections 28 and 29 of the a.p. excise act, 1968 ('the act' for brevity) amending the rules applicable for the excise year 2002-2003. g.o. ms. no. 109 revenue (excise-ii) department .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-27-2003
Reported in : 2003(1)ALD(Cri)970; 2003(2)ALT(Cri)84; 2003CriLJ4410; II(2003)DMC605
..... opportunity to tender their explanation or to clear the particular points of ambiguity or dispute, the procedure is contrary to general principles and to the specific provisions of section 145, evidence act. inasmuch as no specific contradiction or omission is drawn to the notice of p.w. 2 and answer is elicited from her, ex. d-1 serves ..... prosecuted.5. ex. d-1 is an inadmissible document in evidence. it is a certified copy of deposition given by p.w. 2 in an earlier proceedings. section 33, evidence act, deals with relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts stated therein. certain conditions are laid down in the said provision to ..... p.c. she sentenced a-1 to undergo rigorous imprisonment for six months and to pay a fine of rs. 5,000=00 for the offence under section 6 of dowry prohibition act. aggrieved thereby, first accused preferred an appeal in criminal appeal no. 1 79 of 1997 on the file of vi additional sessions judge, secunderabad. by .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-27-2003
Reported in : AIR2003AP379; 2003(4)ALD267; 2003(4)ALT348
..... 31(10) of the alienation of immovable property rules (gift, sale, exchange or mortgage of property) under sections 74, 86(3), 90(3)(a) read with section 107 of the a.p. charitable and hindu religious institutions and endowments act, is mandatory or directory?(b) whether the ground of deemed permission is sustainable in the facts and circumstances ..... section 80 read with section 153 of a.p. charitable and hindu religious institutions and endowments act, 1987, act no. 30 of 1987. the learned counsel submitted that in view of the date of auction, the old rules alone are applicable ..... this regard which had been reversed by the appellate court. the learned counsel further had pointed out to the relevant rules under sections 74 and 107 of a.p. charitable and hindu religious institutions and endowments act 1966, act 17 of 1966, and also the present rules of 1987 framed in exercise of the powers conferred by .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-27-2003
Reported in : 2004(2)ALT735; [2005]125CompCas289(AP)
..... by m/s. compact power sources private limited (transferor company) and m/s. hbl nife power systems limited (transferee company) under sections 391 - 394 of the companies act, 1956 (for short 'the companies act') seeking approval of the scheme of arrangement.the transferor company was originally incorporated during 1997 in the state of tamil nadu under the provisions ..... would disclose that under sub-clause (f) what the company had agreed is that at least a month before it presents a scheme/petition under sections 391, 394 and 101 of the companies act, before the court or tribunal, it shall file the scheme/petition proposed, before the stock exchange, for approval. it is nowhere stated in ..... in clause 24 is that it shall file the scheme/petition that is proposed to be filed by it before any court or tribunal under sections 391, 394 and 101 of the companies act, 1956, with the stock exchange, for their approval, one month before it is presented to the court or tribunal, and inasmuch as the .....
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