Court : Andhra Pradesh
Decided on : Nov-07-2006
Reported in : 2007(2)ALD142; 2007(1)ALT578; (2007)2LLJ481AP
..... -chairman and managing director with a direction to consider the claim of the petitioner de novo, in the light of the provisions of section 47 of the act, and communicate his decision to the petitioner, within a period of two months from the date of receipt of a copy of this order....28. in ..... court perused the impugned order of the vice-chairman and managing director. the vice-chairman and managing director has not at all adverted to the provisions of section 47 of the act.on the above short ground, i allow the writ petition and quash the impugned proceedings dated 18.4.1998. the proceedings shall stand remitted to the vice ..... to have continued in service till he attained the age of superannuation of 60 years on 31 -7-2002. learned counsel would submit that section 47 of the prevention of disabilities act mandates the employer to provide alternative employment to an employee suffering from the physical disability of loss of vision and, though the petitioner had offered .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-07-2006
Reported in : 2007(3)ALD236; 2007(3)ALT589
..... the property and that in such partition, she had been given the property, held that the widow had no right at all which could fructify into full ownership under section 14 of the act. the apex court, in fact, referred to kusumgauri v. umiben : air1975guj126 and bai vajia v. thakorbhai chelabhai : [1979]3scr291 and distinguished raghubar singh v. ..... law. in the light of the stand taken by the plaintiffs relating to tenancy, the courts below rightly negatived the relief of recovery of possession.13. section 14 of the act reads as hereunder:14. property of a female hindu to be her absolute property.-- (1) any property possessed by a female hindu, whether acquired before ..... concerned, inasmuch as the courts below recorded concurrent findings, the same may have to be confirmed. on the aspect of the applicability of section 14(1) or section 14(2) of the act referred to supra the counsel made certain submissions on the aspect of the words or expression 'property possessed by a female hindu' and would .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-07-2006
Reported in : 2007(2)ALD591; 2007(3)ALT417
..... suit for specific performance if the plaintiff failed to aver that he was ready and willing to perform his part of the contract as required by section 16 of the specific relief act and as mentioned in form 47 of schedule i of the civil procedure code, the plaintiff is not entitled for specific performance.(12) kommisetti venkaiasubbayya v. ..... choose to get into the box to state on oath about the averments pleaded in the plaint and therefore an adverse inference has to be drawn under section 114 of the indian evidence act. in support of his contentions, the earned counsel relied upon the following decisions:(1) indian bank, chittoor v. v.r. venkataraman and ors. : ..... had long expired and the conditions which are required to be fulfilled by a person seeking a decree for specific performance of the contract under section 16 of the specific relief act were not satisfied. relying on the above said observations of the apex court, the earned counsel for the appellant contended that though the facts .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-07-2006
Reported in : 2007(3)ALD60
..... by the oral evidence of p.w. 2 and p.w. 3 apart from the evidence of p.w. 1. as already referred to supra, the case was registered under section 337 i.p.c. this factor also may have to be taken into consideration while fixing the quantum of compensation. however in the light of the nature of injuries which ..... is no doubt true that as can be seen from ex. a.1, certified copy of f.i.r., cr. no. 193/96 of jaheerabad police station was registered under section 337 i.p.c. as against the driver of the lorry bearing no.a.p. 13t 4528 for causing the accident. rule 476 of the rules deals with application for .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-06-2006
Reported in : 2007(1)ALD774; 2007(2)ALT381
..... 48 cts, in sy.no. 381/2-b of uppaluru village, kankipadu mandal, krishna district. the respondent issued a draft notification under section 4(1) of the land acquisition act 1894 ('the principal act') on 11.6.2006 proposing acquisition of this land for the purpose of providing house sites to members of scheduled castes, scheduled tribes and ..... by the learned counsel for the petitioner as it is conceded fairly that the district collector, krishna is competent to issue a draft notification under section 4(1) of the principal act.4. the petitioner however persists with the second contention viz. that the notification is invalid as it was published only in the district gazette ..... or by a necessary implication eclipses or repeals the words 'or the district gazette' in section 4(1) of the principal act as amended by the a.p. act. it must be noticed that the a.p. act and the 1984 act are plenary expressions of legislative will expressed in the context of a concurrent though hierarchical legislative .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-06-2006
Reported in : IV(2007)BC482; 2007CriLJ596
..... the complainant requesting the magistrate to take cognizance of the offence must satisfy the eligibility criterion prescribed by the statute. the only eligibility criterion prescribed by section 142 of the act is that the complaint must be by the payee or the holder in due course. when once this criterion is satisfied, it must be construed ..... on all the accused, the endorsement made by the banker i.e. 'account expires' amounts to dishonour of cheque to attract the provisions of section 138 of the act and also gave a clear finding that there is a legally enforceable debt between the parties and the cheques were issued only in discharge of the ..... an endorsement 'account expires'. pursuant to the bouncing of the cheques, the complainant issued a notice, dated 27-11-1998 as provided under section 138 of negotiable instruments act, 1881 (for brevity 'the act'). the respondents-accused, though received notices, did not choose to issue any reply notice, and hence, the complainant filed c.c. no. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-03-2006
Reported in : 2007(1)ALT558
..... , use of carriageway, facilities and conveniences to be provided on the public roads etc., can all come within the purview of section 31 of the police act. importantly, section 31 of the police act casts a duty on the police to keep order on the public street. the commissioner also refers to rule 57 of a.p ..... this principle, it is permissible under law to demolish the building after issuing notice, passing provisional order and passing final order as contemplated under section 228 of the municipalities act.2. in addition to imposing penalties for breach and contravention, and in addition to an order of demolition of the building in contravention of ..... the petitioners cannot complain the violation of fundamental right.16. the commissioner of police issued a notification vide proceedings, dated 17-12-2004, under section 31 of the police act, which also prohibited all heavy trucks about five tons from entering vijayawada city beyond cut off points, allowed mini vans only during non-peak hours .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-03-2006
Reported in : 2007(1)ALD36; 2007(1)ALT147
..... constitution of india.2. learned senior counsel for the petitioner/defendant strenuously contends that the lower court committed error in rejecting the application under section 5 of the limitation act. he contends that the defendant properly explained the delay and the lower court failed to see that such delay was not caused due to ..... come to its own finding even untrammelled by the conclusion of the lower court.the supreme court also observed that the words 'sufficient cause' under section 5 of the limitation act should receive liberal construction so as to advance substantial justice. in so doing, the opposite party should not be forgotten. it is apposite to ..... to proceed against the defendant and pass ex parte decree nor these circumstances mitigate in favour of the defaulting party while considering application under section 5 of the limitation act. though the learned senior counsel sought to rely on the fact that the lower court received the written statement pursuant to the orders of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-03-2006
Reported in : 2007(2)ALD393; 2007(1)ALT511
..... aggrieved by the said judgment, this revision is preferred.4. the main contention of the learned counsel for the revision petitioners is that inasmuch as a suit under section 6 of the act has to be filed within a period of six months from the date of dispossession, and since the alleged dispossession, according to the respondent, was in june, ..... that there was any dispossession or forcible dispossession of the respondent by the revision petitioners and so the court has no jurisdiction to entertain a suit under section 6 of the act.5. the contention of the learned counsel for the respondent is- that since the specific case of the respondent is that she was necked out of ..... to interfere with the judgment under revision.6. though arguments are advanced on the question of title relating to the plaint schedule property, since the suit is under section 6 of the act, i need not go into the question of title, as a full bench of allahabad high court in yar muhammad v. lakshmi das : air1959all1 (f.b.) .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-02-2006
Reported in : 2007(1)ALD265; 2007(1)ALT40
..... relying on the so called opinion of the 2nd respondent and purporting to exercise his powers under article 243k of the constitution of india and section 201 of the act suspended the declarations of the writ petitioners as elected sarpanchas and directed the 2nd respondent not to allow the writ petitioners to assume office. in ..... manner in which elections were conducted, the appropriate forum for redressal of such grievances is the election tribunal by way of election petition as provided in section 233 of the act read with a.p. panchayat raj (election tribunals in respect of gram panchayat, mandal parishads and zilla parishads) rules, 1995. thus the powers of ..... in which the elections were conducted, the appropriate forum for redressal of such grievances is the election tribunal by way of election petition as provided in section 233 of the act read with a.p. panchayat raj (election tribunals in respect of gram panchayats, mandal parishads and zilla parishads) rules, 1995. thus the powers of .....
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