Court : Andhra Pradesh
Decided on : Dec-02-2003
Reported in : I(2004)ACC602; 2004(3)ALD855; 2004(1)ALT641
..... . revision petitioner herein is the 1st respondent/insurance company in the o.p. (o.p. no. 31 of 1999) filed by the respondents herein under the provisions of motor vehicles act seeking compensation. according to the revision petitioner, after filing of the counter in the main o.p., they came to know that the crime vehicle in question, which is insured .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-02-2003
Reported in : 2004(1)ALD676
..... the authority should afford the person an opportunity to make a representation in the matter. from this point of view, the doctrine imposed a duty to act fairly by taking into consideration all relevant factors relating to such legitimate expectation;(vi) the protection of legitimate expectation do not require the fulfilment of legitimate ..... exploration, production and marketing was a monopoly enjoyed by ongc, a statutory corporation established under oil and natural gas commission (transfer of undertaking and repeal) act, 1993. the natural gas produced by it was found to be of immense utility in production of fertilizers, as a fuel for production of energy besides ..... by petitioner which are not much in dispute.petitioner's case2. the petitioner is a company, (hereinafter called, gvk) incorporated in 1991 under the companies act, 1956. the government of india formulated a policy to encourage independent power producers (ipp) and identified eight power projects to be opened in private sector. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-2003
Reported in : 2004(4)ALT609; 2005(3)ARBLR485(AP)
..... the principal civil court of original jurisdiction means the district court inasmuch as the district judge is the presiding officer of that court. both the provisions (section 3(17) of general clauses act and section 2(4) of cpc) make it manifest that a district court in a district is the principal civil court of original jurisdiction. when the court ..... either at nalgonda, or at hyderabad, obviously the same court can enforce the award as if it were a decree passed by that court having regard to section 36 of the act.'in view of the same, i have no hesitation in holding that the entertainment of the e.p. by the senior civil judge, at puttur is without ..... question in controversy now to be decided is whether the senior civil judge, puttur is empowered under law to entertain the e.p. or not.6. section 2 of the act deals with definitions and section 2(1)(e) defines 'court' as:'in this part, unless the context otherwise requires, 'court' means the principal civil court of original jurisdiction in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-2003
Reported in : 2004(5)ALD72; 2004(5)ALT808
..... a final order passed in the proceedings.the code of civil procedure, 1908 has not been specifically made applicable in relation to a proceeding under the said act.both sections 4 and 141 deal with procedure and procedure alone. they do not confer any substantive right not expressly given elsewhere by the code. it is now well ..... o.p. nos. 549 of 1998 and 550 of 1998 were filed on the file of the chief judge, city civil court, hyderabad under section 11 of act 1 of 1350fasli and section 11 dealing with the dispute regarding management is specified as hereunder:'77. dispute regarding management :--in the event of any dispute arising among the managing ..... v. cambridge cricket club (supra), the learned judge while dealing with a batch of civil revision petitions arising out of interlocutory orders made in ops filed under section 23 of the act, has placed reliance on satyavart sidhantalankar v. arya samaj, air 1946 bombay 516, yusuf beg v. the board of foreign missions the presbyterian church of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-2003
Reported in : II(2005)ACC228; 2005ACJ1532; 2004(4)ALD732; 2004(5)ALT398
..... that person or that other person, a policy of insurance complying with the requirements of the m.v. act. therefore, section 146 of the act mandates that every motor vehicle shall be insured and without any such insurance, the vehicle shall not be allowed to be used. having regard to the ..... exceed 7500 kgs, it becomes light motor vehicle. however, as can be seen from the definition of 'motor vehicle' or 'vehicle' as given in section 2 sub-section (28) of the act, it is obvious that any vehicle which is mechanically propelled vehicle adopted for use upon roads whether the power of propulsion is transmitted thereto from an external ..... by itself, it is not a mechanically propelled vehicle, it becomes a motor vehicle for all practical purposes. it is appropriate here to consider section 146 of the motor vehicles act. according to this section, no persons shall use a motor vehicle in a public place unless there is in force in relation to use of the vehicle by .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-2003
Reported in : 2004(1)ALD164; 2004(1)ALT306
..... tariff act. thus the imports of ammonium nitrate of explosive grade in bulk under the guise of fertilizer grade ammonium nitrate and its onward sales to the explosive industry is in clear breach of the restriction imposed by chapter vi of the said order and in particular section 19(a), (c)(iii), (vi) and section 25 ..... of respondent no. 5 also states that the chief controller of explosives, department of explosives, nagpur, by his letter dated 26.2.2003 clarified that the item ammonium nitrate is itself not an explosive and does not come under the purview of the explosive act and the rules administered by the department. the government of india ..... issued fertilizer control order, 1985 under essential commodities act, which contains specification of fertilizers sold in the country, method of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-2003
Reported in : 2004(1)ALD883
..... view that the full bench judgment of the madras high court in t. dakshinamoorthy's case had not considered the effect of section 11 of the madras act corresponding to section 18 of the present act and the observations of the full bench had been correctly explained by a division bench of this court in p. varadarajam's ..... narayanamma's case, therefore, holds the field. it has been categorically held that having regard to the definition of the 'building' enjoined under section 2(iii) of the act and since the act specifically envisaged two categories of buildings, namely, residential and non-residential, in the case of a composite lease, it must firstly be considered ..... building having due regard to the above indicia and if the landlord seeks eviction for non-residential purpose, in view of the mandate contained in section 18 of the act that no residential building shall be converted into a non-residential building except with the permission in writing of the controller, then the question arises .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-2003
Reported in : 2(2005)ACC228
..... person or that other person, a policy of insurance complying with the requirements of the m.v. act, therefore, section 146 of the act mandates that every motor vehicle shall be insured and without any such insurance, the vehicle shall not be allowed to be used. having regard to the ..... 7,500 kgs., it becomes light motor vehicle. however, as can be seen from the definition of 'motor vehicle' or 'vehicle' as given in section 2, sub-section (28) of the act, it is obvious that any vehicle which is mechanically propelled vehicle adopted for use upon roads whether the power of propulsion is transmitted thereto from an external ..... by itself, it is not a mechanically propelled vehicle, it becomes a motor vehicle for all practical purposes. it is appropriate here to consider section 146 of the motor vehicles act. according to this section, no person shall use a motor vehicle in a public place unless there is in force in relation to use of the vehicle by that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-28-2003
Reported in : 2004(1)ALT794
..... licence exceeds rs. 1,00,000/- (rupees one lakh only) the competent authority to confirm licences in respect of institutions and endowments falling under section 6(a) of the a.p. charitable and hindu religious institutions and endowments act, 1987, shall be the commissioner.11. a reading of the rules would show that after the temple decides highest bidder, a proposal has .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-28-2003
Reported in : I(2005)BC73
..... the bounced cheque within 15 days from the date of the receipt of the notice. section 138 of negotiable instruments act does not cast a duty on the payee to represent the cheque for payment when the drawer in reply to the statutory notice instead of paying the ..... sufficient funds into his account by itself would not absolve the drawer of the dishonoured cheque from his liabilities under section 138 of negotiable instruments act. the main object and purpose for which notice under section 138 of negotiable instruments act to the drawer is to be given is to afford an opportunity to him to pay the amount covered by ..... bank. if the petitioner had sufficient money with him, there was no reason for his not sending the amount to the payee within the period specified in section 138 proviso (c) to the negotiable instruments act. in the above circumstances i find no grounds to interfere with the impugned order.hence, petition is dismissed. .....
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