Court : Andhra Pradesh
Decided on : Feb-11-2003
Reported in : 2003(6)ALD5; 2003(5)ALT340
..... a party. in salar jung museum vs . atiya talat, : 2000(6)ald70 while dealing with order 3 rules 1 and 2 of the code of civil procedure and section 118 of the evidence act 1872 it was held that a general power of attorney of a party can be allowed to give evidence as a witness on behalf of the said party ..... case not as gpa but as a person having personal knowledge and order 3 rules 1 and 2 of cpc are not concerned with examination of witnesses and section 118 of the indian evidence act 1872 is the relevant provision and a power of attorney can appear as a witness in his personal capacity though not in his capacity as a power ..... of her in apsec no. 4 of 1996 will result in great injustice to the second respondent. in this context, it is also relevant to refer to section 118 of the indian evidence act which reads that 'all persons shall be competent to testify unless the court considers that they are prevented from understanding the questions put to them or giving rational .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-11-2003
Reported in : 2003(1)ALD(Cri)656; 2003(2)ALT(Cri)413; 2003CriLJ4055
..... judge for spe and acb cases, nellore. the trial court through its judgment dated 13-9-1996 found the appellant guilty of the offence under section 7 of the prevention of corruption act, 1988 (for short 'the act') and sentenced him to undergo rigorous imprisonment for two years and to pay fine or rs. 2,000/-. it has also found him guilty ..... of the offence under section 13(1)(d) read with section 13(2) of the act and sentenced him to undergo rigorous imprisonment for two years and to pay fine of rs. 2,000/-. both the sentences were directed to run ..... the demand as wall as the acceptance of the illegal gratification by the appellant, therefore, the conviction of the appellant for the offences under section 7 and 13(1)(d) read with 13(2) of the act cannot be sustained. accordingly, the conviction and sentence as ordered by the trial court are set aside,16. the criminal appeal is therefore .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-10-2003
Reported in : 2003(1)ALD(Cri)433; 2003(2)ALT444; 2003(1)ALT(Cri)450; 2003CriLJ2234
..... present writ petition.2. learned counsel for the petitioner submits that the vehicle was produced before the deputy commissioner of prohibition and excise under section 46 of the act before whom confiscation proceedings were initiated and requests the court to direct him to release the vehicle. learned counsel failed to substantiate how the ..... provisions referred to above, it is clear that whenever an excise offence is committed and anything liable for confiscation under section 43 is seized or detained under the provisions of a. p. excise act, the officer seizing or detaining such property shall produce the seized property along with a report before the deputy commissioner ..... deputy commissioner of excise who has jurisdiction over the area.(2) on production of the said seized property under sub-section (1) the deputy commissioner of excise if satisfied that an offence under this act has been committed, may, whether or not a prosecution is instituted for the commission of such an offence, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-10-2003
Reported in : I(2005)ACC415
..... accident occurring prior to 1st july, 1989 the division bench answered in a negative way stating that section 140 of the act has no retrospective effect. reliance was also placed on adagari aruna v. kammampati parameswara rao (supra). in a.a.o. no. 1132 of 1998, wherein this ..... independent civil miscellaneous appeals and the said owners intend to take shelter under the same appeal preferred by the appellant national insurance co. ltd. under section 140 of the motor vehicles act, 1988 prior to the amending act, 54 of 1994, the amount of no fault liability payable in the case of death was rs. 25,000/-. it is not in ..... . in the case of new india assurance co. ltd. v. salapuriappa (supra), while dealing with change brought about by a new act which came into force from 1st july, 1989, whether section 140 of the new act has to be given retrospective effect in the sense that it has to be given effect in the case of claims arising out of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-2003
Reported in : 2003(2)ALD750; 2003(4)ALT128
..... case was remanded to the deputy commissioner, hyderabad for necessary enquiry. the second respondent was also given opportunity to avail appropriate remedy under section 87 read with section 45 of the act for deleting relevant entry in the endowments register purporting to show the petitioner's family members as founders. the order of the first ..... proceeding to which the application relates was received by the applicant. 8. a plain reading of above provision would show that under sub-section (1) of section 92 of the act, the commissioner is empowered to call for and examine the record of any deputy commissioner or assistant commissioner or any other officer subordinate to ..... application relates was received by the applicant.'9. there cannot be any dispute that the period of limitation of ninety days prescribed by sub-section (4) of section 92 of the act is not applicable when the commissioner suo motu calls for records and examines them. the period of limitation is applicable only when an .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-2003
Reported in : AIR2003AP275; 2003(2)ALD742
..... being opened or undergoing a perceptible modification. the expression 'package' shall be construed as a package containing a pre-packed commodity. explanation (i) of section 2(1) of the act further elaborates that even though the package containing the commodity is opened for testing commodity and even if no alteration is caused to the name, quantity ..... number of the commodity contained in the package. each package shall bear the name of the manufacturer, and also of the packer or distributor. sub-sections 1 to 4 of section 39 of the act are relevant and they read as under.39. quantities and origin of commodities in packaged form to be declared : - (1) no person shall ..... pradesh visited the petitioner on 9.10.1996 and seized five boxes containing five euroclean vacuum cleaners alleging that the petitioner has contravened the provisions of section 39 of the act read with rules 23(6) and 23(7) of the rules. the petitioner received notice on 31.1.1997 informing that prosecution would be launched .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-2003
Reported in : 2003(2)ALD904; 2003(2)ALT275
..... . no.38, dated 20.1.1977 which were followed by the board in its b.p. were in conformity with the directions of the government? section 78a of the act merely gives power to the government to issue directions on questions of policy and the board shall be guided by it. the most important aspect of the ..... directions' or 'instructions' for the guidance of the board. therefore, we have no hesitation in holding that the government in exercise of powers under section 78a of the electricity (supply) act, 1948 have been taking policy decisions as to the entitlement of the power concessions to the industries and issuing orders reckoning the date of extension of ..... no state policy could be implemented and the progress of the state would be hampered. .... the policy issued is squarely covered by a direction under section 78a of the electricity (supply) act, 1948. it does not require any specific mention or a specific direction to the instrumentalities of the state to follow its policy. in ordinary course .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-2003
Reported in : 2004(6)ALD739
..... supreme court in an appeal by the state in state of andhra pradesh v. nallamilli kami reddy, : air2001sc3616 , upholding the legality and validity of section 82 of the endowments act. by virtue of the aforesaid ordinance and the judgment of the supreme court referred to above, all the leases between parties in these petitions came ..... for the termination or continuance or for settlement of dispute relating to the institutions cannot be decided by the authorities under the tenancy act. clause (f) to section 18(1) of tenancy act is always deemed to have been and therefore the question of deciding any dispute in respect of agricultural lands of the institutions by ..... as defined by the provisions of the andhra pradesh charitable and hindu religious institutions and endowments act.'sub-section (2) of section 18 is also omitted. by virtue of addition of clause (f) to section 18(1) of the tenancy act, the tenancy act shall not apply to any agricultural land belonging to or given or endowed for the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-2003
Reported in : 2003(4)ALT296
..... the petitioner who is interested party ought to have enquired about the same. the petitioner appeared before the land acquisition officer pursuant to notice under section 12(2) of the act and received compensation through a cheque on 17-9-1988 without making any endorsement in the acquittance statement and without any protest.7. the petitioner ..... mandal revenue officer, he did not receive and requested sri eswaraiah, clerk in mandal revenue officer's office to receive his objection petition filed under section 18(2) of the act, but he refused the same. therefore, he informed his advocate about the same when the advocate sent the representation on 24-9-1988 by ..... krishna murthy submits that in vew of the postal receipt and acknowledgment, it should be deemed that the petitioner has sent his representation/application under section 18(2) of the act seeking a reference to civil court within time and therefore a direction may be issued to the respondents. he also submits that after this court .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-2003
Reported in : 2003(2)ALT815
..... view that the licence in respect of all the three shops is one and the same and that the allegation of adulteration in respect of one shop implies the overt-act on the part of the licensee and came to the conclusion that no interference is required in the suspension order and dismissed the writ petition.3. in the appeal, it .....
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