Court : Andhra Pradesh
Decided on : Dec-09-2003
Reported in : 2004(4)ALD282; 2004(5)ALT348
..... collusion. their lordships observed:'however, we do not think that the plaintiff can get out of the difficulty arising from rule 5 in this way. section 116, evidence act, seems to be the answer to this argument also. that rule, as i have said, prevents a tenant from denying the title of the landlord at ..... or satisfaction of the decree shall be determined by the court executing the decree and not by a separate suit. the scope of section 47 of code of civil procedure was considered by the honourable supreme court in merla ramanna v. nallaparaju and ors., : [1955]2scr938 . having surveyed the case law ..... and 267/1981 are not sustainable in law and the same is set aside. accordingly, these suits filed by the late lingala venkataratnamma are dismissed.33. nextly, under section 47 of code of civil procedure, all questions arising between the parties to the suit, in which decree was passed on their representatives and relating to the execution discharge .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-09-2003
Reported in : AIR2004AP230; 2004(1)ALD873
..... one who is 'eo nomine' made a party. the others who are not brought on record can be only deemed to be parties and will not be parties as such. section 47, civil procedure code, cannot therefore be a bar to a fresh suit against such other persons.12. reliance also was placed on a decision in saraswathi nagar residents welfare society v ..... implead the parties, notice was issued on 31-1-2003 and the application was moved on 25-2-2003. even in this view of the matter, the formalities relating to section 80 of c.p.c. had also not been complied with. the counsel concluded that in any view of the matter inasmuch as the cause of action itself is totally ..... acquisition. the learned counsel would also maintain that in fact such suit cannot be maintained in view of the specific provisions of the land acquisition act and such a suit definitely would not be protected by section 9 of the code of civil procedure (for short 'c.p.c'). apart from this aspect of the matter, the learned counsel also pointed .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-09-2003
Reported in : 2004(3)ALD353
..... placed on the decision referred. deity shri kesava janardhana and venugopala swamy varlu v. a. pulla rao and ors. (supra) wherein it was held:'it would be seen the provision section 13, does not speak of any wilful default by the tenant but merely says that the tenant has 'failed to pay the rent due by him'. once the sum to ..... eviction for non-payment. the appellate tribunal hence was right to hold the concept of wilful default, as is available in rent control legislations, not to be incorporated in the act.'12. yet another contention was raised that there is no specific finding given by the appellate authority relating to default for the year 1984-85 and what was decided was .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-08-2003
Reported in : II(2004)ACC591; 2004ACJ529; 2004(1)ALD449; 2004(1)ALT100
..... to believe that the provisions of this section for such carriage are not complied with.(6) nothing in this section shall be construed to derogate from the provisions of the indian explosives act, 1884 (4 of 1884), or any rule or order made under that act, and nothing in sub-sections (4) and (5) shall be construed ..... presumption of law or 'conclusive proof.'classes (i), (ii) and (iii) are indicated in clauses (1), (2) and (3) respectively, of section 4, evidence act. 'presumption of facts' are inferences of certain fact patterns drawn from the experience and observation of the common course of nature, the constitution of the human mind ..... holder dies in any untoward incident, his legal heirs are entitled to seek compensation............................ .............................under sub-clause (2) of clause (c) of section 123 of the act, after the incident of accidental falling of any passenger from a train carrying passengers is also brought within the ambit of 'untoward incident'. that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-08-2003
Reported in : 2004(1)ALD(Cri)406; IV(2004)BC391; 2004CriLJ2171
..... can a firm sue and be sued in its name. firm is not and cannot be different from its partners, as can be seen from section 4 of partnership act. as per section 12 of partnership act, subject to contract between the partners every partner has a right to take part in the conduct of the business and is bound to attend ..... who did not take part in the transaction resulting in the issuance of the dishonoured cheque are sought to be made liable for an offence under section 138 of the act, in view of section 141 of the act it is necessary to detail, in the complaint, the part played by them in the transaction. but, in the case of partnership, since ..... without his knowledge, or establishes that he exercised all due diligence to prevent the commission of such offence, he would not be liable for punishment. as per section 141(2) of the act, director, manager, secretary or other officer who connives with and due to whose neglect the offence is committed, would also be liable for punishment along with the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-08-2003
Reported in : 2004(4)ALD444
..... and the injured (since deceased) was one of the pillion rider on the scooter. undoubtedly, triple riding on a two wheeler, is, prohibited under section 128 of the act. section 128 of the act reads thus:'128. safety measures for drivers and pillion riders :--(1) no driver of a two wheeled motor cycle shall carry more than one person ..... it is now held that the rider of the scooter was also at fault and contributed in causing the accident by allowing two pillion riders in violation of section 128 of the act, from out of the compensation arrived at under the head pecuniary damages 25 % has to be deducted. thus, the claimants are entitled to a sum ..... causing the accident is perverse inasmuch as admittedly the deceased along with two others were travelling on a scooter which is statutorily prohibited under section 128 of the motor vehicles act, 1988 (for short, 'the act'). learned counsel further contends that as there was triple riding on a scooter, which is meant for two persons, there would be .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-08-2003
Reported in : 2004(1)ALT382
..... ensuing elections till the petitioner is given the status of a recognised political party in accordance with the provisions of the symbol orders, 1968 and under section 29-a of the representation of the people act, 1951 and rules 5 and 10 of the conduct of elections rules, 1961. the election commission is required to reconsider whether the case on ..... a sudden be effaced.'15. the election commission of india in exercise of the powers under article 324 of the constitution of india read with section 29-a of the representation of the people act, 1951 and rules 5 and 10 of the conduct of election rules, 1961 and all other powers enabling it in this behalf made of symbols ..... -party as a state party and the commission vide its order dated 21-8-2001 has registered the telangana rashtra samithi as a political party under section 29-a of the representation of the people act, 1951.4. it is further stated that in the elections conducted to the local bodies in the state of andhra pradesh in august, 2001, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-05-2003
Reported in : 2004(2)ALT586
..... petition in the eye of law. as such it is not maintainable. the gravamen of the charge of corrupt practice within the meaning of section 123(7) of the act is obtaining or procuring or abetting or attempting to obtain or procure any assistance other than the giving of vote. in the absence of any ..... specifies:'.................. shall, where necessary, be divided into paragraphs.' a careful examination of the language employed in rule 3(ii) of the rules and section 83 of the representation of the people act, 1951 would clearly disclose some difference and hence though upto some extent the expressions are similar, they are not exactly in pari materia. hence ..... shall be signed by the petitioner and verified in the manner prescribed for the verification of pleadings in the code of civil procedure, 1908'.section 83 of the representation of the people act, 1951 reads as hereunder:(1) an election petition-(a) shall contain a concise statement of the material facts on which the petitioner relies .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-05-2003
Reported in : 2004(5)ALD54; 2004(5)ALT138; III(2005)BC185
..... of action accruing to the defendant against the applicant either before or after the filing of the application.13. a plain reading of sub-section (8) of section 19 of the act makes it clear that the tribunal is clothed with the exclusive jurisdiction not only to make an enquiry into the application filed by a bank ..... said application is liable to be exclusively tried by the tribunal created under the provisions of the act and to that extent the jurisdiction of the civil court is barred.12. that apart, under sub-section (8) of section 19 of the act even a defendant in an application may, in addition to his right of pleadings a set ..... bank for the reasons that the jurisdiction of the civil court is excluded under section 18 of the recovery debts due to banks and financial institutions act, 1993 (for short 'the act') to try such applications. the tribunal constituted under the provisions of the act shall alone exercise the jurisdiction, powers and authority to entertain and decide applications .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-05-2003
Reported in : AIR2004AP192
..... on the file of the principal junior civil judge, sattenapalli. the said application was moved by the respondent herein-defendant in the suit, under order 16, rule 14 read with section 151 of the code, to summon witnesses and examine them as court witnesses in the suit and pass suitable orders. the learned principal junior civil judge, sattenapalli, after recording certain .....
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