Court : Andhra Pradesh
Decided on : Nov-14-2006
Reported in : 2007(1)ALD410; 2007(1)ALT430
..... counsel for the appellant/defendant no. 2 that the plaintiff could not establish that he was willing to perform his part of the contract as per section 16 of the specific relief act and hence cannot seek for specific performance of contract, need not be gone into in view of the finding that the plaintiff could not establish ..... for the benefit of the estate or they had made reasonable and bona fide enquiries as to the existence of the necessity and satisfy themselves that the manager was acting for the benefit of the estate. the plaintiff could not establish any one of the conditions stipulated by the division bench in the decision of b. rangarao (died ..... of the estate, or (ii) they had made reasonable and bona fide enquiries as to the existence of the necessity and satisfied themselves that the manager was acting for the benefit of the estate. the division bench considering various judgments of the apex court and other high courts noted the guidelines laid down by different high courts .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-13-2006
Reported in : 2007(3)ALD145; 2008(3)ALT454
..... defendant has categorically denied his signature on ex. a1. thereafter, while the suit was posted for arguments, the plaintiff filed i.a. no. 247 of 2006 under section 45 of the evidence act, read with section 151 of the code of civil procedure, to send the signature of the 3rd defendant on ex.a1, along with admitted signatures available on vakalat, written statement .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-13-2006
Reported in : AIR2007AP35
..... pray for a separate relief relating to delivery of possession, since the execution of the sale deed would automatically include the delivery of possession as well. section 22 of the specific relief act, 1963, reads as hereunder.22. power to grant relief for possession, partition, refund of earnest money, etc. (1) notwithstanding anything to the contrary ..... had intervened and when that being so the revision petitioners-judgment debtors are bound to deliver possession of the property, as well, as per section 55 of the transfer of property act, 1882, and hence cannot raise such an objection with a view to defeat the execution of the decree. the learned counsel also would maintain ..... advantage of and objection cannot be raised in this regard. the learned counsel also had drawn attention of this court to section 22 of the specific relief act, 1963, and section 55 of the transfer of property act, 1882, and would maintain that in the light of the rights and obligations of both the buyer and seller as .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-13-2006
Reported in : 2007(3)ALD657; 2007(2)ALT218
..... the apex court in adcon electronics pvt. ltd. v. daulat and anr. (cited 1 supra) was relied on wherein the apex court held that section 22(1) of specific relief act, 1963, is an enabling provision and the relief of possession can be granted only if specifically prayed for, and hence, simpliciter for specific performance of ..... pray for a separate relief relating to delivery of possession, since the execution of the sale deed would automatically include the delivery of possession as well. section 22 of the specific relief act, 1963, reads as hereunder.22. power to grant relief for possession, partition, refund of earnest money, etc., (1) notwithstanding anything to the contrary ..... had intervened and when that being so the revision petitioners-judgment debtors are bound to deliver possession of the property, as well, as per section 55 of the transfer of property act, 1882, and hence cannot raise such an objection with a view to defeat the execution of the decree. the learned counsel also would .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-13-2006
Reported in : 2007(3)ALD352
..... answered accordingly.17. since 1st and 3rd appellants, being father and brother of the deceased, are not legal heirs to the estate of the deceased and section 166 of the act contemplates a claim being made by the legal representatives of the deceased victim, strictly speaking they are not entitled to any compensation but as the tribunal awarded ..... died in an accident caused due to the rash and negligent driving of the drivers belonging to respondents 1 and 3, filed a claim petition under section 166 of the motor vehicles act, 1988 (the act) seeking compensation of rs. 4,50,000/- from the respondents, who are owners of the vehicles involved in the accident and their insurers, alleging ..... error in fixing meager amount of rs. 1,07,000/-as compensation that too without taking into consideration the multiplier fixed in schedule-ii of the motor vehicles act. it is also his contention that the tribunal was in error in fixing the age of the mother of the respondent at 45 years without any basis and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-13-2006
Reported in : 2007(1)ALD11; 2007(1)ALT575
..... were submitted to the first respondent along with necessary documents, vide covering letter dated 29.8.2006 by the petitioner. the same was received by the town planning section on 5.9.2006. however, to the surprise of the petitioner, the building application was rejected by letter dated 12.9.2006 by the first respondent on ..... of production of no objection certificate by the respondents is clearly not based on any provisions of building bye-laws or the provisions of municipal corporation of hyderabad act, and the refusal of the first respondent to process the building application of the petitioner-trust dated 29.8.2006 is illegal, arbitrary, without jurisdiction and violative ..... not been filed along with the building application is illegal, violative of the building bye-laws of 1981 as well as the provisions of municipal corporation of hyderabad act, and without any basis in law and beyond the jurisdiction of the first respondent. it is stated that this court has time and again held that the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-13-2006
Reported in : 2007(3)ALD169; 2007(2)ALT630
ORDERL. Narasimha Reddy, J.1. The petitioner herein filed O.S. No. 41 of 1981 in the Court of Senior Civil Judge, Atmakur, against her step-mother, the respondent herein, and five others, for partition. The trial Court dismissed the suit, on 05-03-1984. Thereupon, the petitioner filed A.S. No. 2072 of 1986 before this Court. The appeal was allowed and a preliminary decree was passed on 12-11-2001, directing, inter alia, that the petitioner on the one hand and the respondent on the other, shall be entitled to half share, each, in the suit schedule properties.2. The petitioner filed four applications, namely, I.A. No. 27 of 2002 for passing final decree; I.A. No. 28 of 2002 for appointment of a Commissioner to divide the plaint schedule properties; I.A. No. 141 of 2004, under Order XX Rule 12 C.P.C., for appointment of a Commissioner, to determine the mesne profits, with reference to items 1 to 4 and 8 to 11 of the suit schedule properties for various periods, and I.A. No. 138 of 2005, u...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-10-2006
Reported in : 2007(1)ALD339; 2007(1)ALT547
..... /claimants received the compensation awarded in full satisfaction of their claim but, however, filed applications for reference to the civil court in terms of section 18 of the act claiming enhanced compensation. on collector rejecting the prayer for reference writ petitions were filed before the high court for quashing the rejection order of the ..... , at dibrugarh pointed out that under the state railway rules land from private parties could be acquired only by acquisition proceedings. thereafter, notification under section 4(1) of the act was published. in the meantime, the sub-deputy collector, dibrugarh assessed the value at rupees 1,000/- per bigha. after coming to know of ..... at the rate of rs. 1,000/- per bigha plus statutory benefits, the company being dissatisfied with the award applied for a reference under section 18 of the act. the reference court rejected the same and affirmed the collector's award. the appeal preferred by the company was also dismissed. against which further .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-10-2006
Reported in : 2007(2)ALD131
..... schedule provides for a different percentage for such injuries. that, however, was a case decided before the act came to be amended. section 4 of the act was amended in the year 1984. explanation ii to section 4(1)(c) of the act mandates that whenever an employee had received an injury, which does not find place in the schedule, ..... .10. in the instant case, the commissioner took the loss of earning capacity of the appellant at 50%. incidentally, under part-ii of schedule-i of the act, the loss of earning capacity at 50% is mentioned against the injuries leading to amputation. though the injuries sustained by the appellant are serious in nature, they ..... in the nature of fractures. learned counsel further submits that the wages of the appellant were taken on the basis of the notification issued under the minimum wages act and that the order under appeal does not warrant any interference.6. both the learned counsel have relied upon decided cases in support of their respective contentions.7 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-10-2006
Reported in : 2007(1)ALD351
..... rule 33 may in his discretion also recover summarily and pay the gram panchayat such amount, if any, as he may fix as the costs of the prosecution.14. section 269 of the act has not been brought to the notice of this court in k.v.s.s. sambhu prasad's case (supra), on which much reliance was placed by the ..... above statutory provisions and rules framed for collection of house tax makes it clear that any violation of the rules made under the act is penal and shall be punishable with fine as specified under section 261 of the act.12. it is now well settled principle of law that rules validly framed become part of the statute, such rules are, therefore, required ..... deals with making of bye-laws and penalties for their breach, which needs no elaboration. in exercise of powers conferred under rule making provision, namely, section 268 of the act, the rules as referred to above were framed. rules 4 to 15 deal with assessment of the house tax and rules 25 to 36 provide for collection of house tax. .....
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