Court : Andhra Pradesh
Decided on : Dec-27-2006
Reported in : 2007(3)ALD231; 2007(2)ALT199
..... court of i additional district judge, kurnool, and it was allowed on 29-10-2004.3. the 1st respondent filed i.a.no.634 of 2006, in the suit, under section 151 c.p.c, alleging that the petitioner herein, who is not a party to the suit, but the sister of the 2nd espondent; is trying to interfere with his .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-26-2006
Reported in : 2007(3)ALD33; 2007(4)ALT639
..... instrument can be referred to the collector under two different set of circumstances. one set of circumstances is traceable to the provisions of section 33, section 38 and section 40 of the act where an instrument is found not duly stamped. in this category, the registering authority himself impounds the documents and forwards the same ..... have thoughtfully considered the respective submissions. for proper appreciation of the rival contentions, it will be appropriate to notice the relevant provisions of the act. section 33 of the act lays down that if any instrument is produced before a person having authority to receive evidence or a person in charge of a public office ..... the document and called upon the appellant and others to represent their cause against the proposed recovery of the deficit stamp duty and penalty under section 40 of the act. in the reply filed by him, the appellant submitted that the partition deed presented for registration was executed among the family members, namely, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-22-2006
Reported in : 2007(2)ALD428
..... initiated or proposed to be initiated against the person or persons responsible for failing to tender/deposit 80% of the estimated compensation amount as mandated under section 17 of the act in view of the advance possession taken.4. the counter affidavit of the 1st respondent (filed on 28.11.2006) is conspicuously, perhaps consciously silent ..... sought in the writ petition the respondents contend that even if 80% of the estimated compensation was not paid (as mandated by section 17(3-a) of the act), the notification under section 4(1) and the acquisition is nevertheless valid. reliance for this position is placed on a decision of the supreme court in satendra ..... court hopes and trusts that the appropriate level of the government will identify the officers responsible for non-compliance with the mandatory provisions of section 17(3-a) of the act and initiate appropriate proceedings against them to avoid recurrence of such unlawful conduct. the state is also at liberty to identify the officers .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-22-2006
Reported in : AIR2007AP163; 2007(2)ALD655; 2007(4)ALT569
..... and his conduct, are important factors, to be taken into account. assuming that the agreement is proved and genuine, the circumstances, referred to, under sub-section (2) of section 20 of the act, are demonstrably present in the instant case.31. the trial court itself found that the hands of the respondent were not clean, in view of the ..... observe the settled principles of law, in coming to the conclusion that the oral agreement was proved.30. the second question relates to the principles contained in section 20 of the act. it hardly needs any emphasis that mere existence of an agreement of sale, be it, oral, or written, by itself, does not constitute the basis ..... too, on the sole testimony of the respondent; is sufficient to decree the suit for specific performance, and such an approach is contrary to section 20 of the specific relief act (for short 'the act'). he submits that there existed several factors, ranging from lack of bona fides, to laches, in filing the suit, to deny the relief .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-22-2006
Reported in : 2008ACJ376; 2007(3)ALD202; 2007(4)ALT112
..... accident by, falling from the motorcycle, while travelling as a pillion rider, on 11-10-1990. his wife, minor son and parents made an application under section 166 of the motor vehicles act, claiming compensation of rs. 1,50,000/-. the tribunal awarded rs. 1,50,000/- as prayed, making the owner and the insurance company liable to ..... while the motorcycle was proceeding. the claimants attributed rashness and negligence on the part of the driver of the motorcycle, but since the insurance covered is only under the act policy, the risk of the pillion rider cannot be fastened to the insurance company. therefore, i find sufficient force in the contention of the learned counsel for the ..... for the appellant further submitted that since the pillion rider cannot be treated as a third party to the vehicle and as the owner of the vehicle obtained an act policy, the risk of the pillion rider cannot be covered under the policy. therefore, the appellant is not liable to pay any amount.the learned counsel for .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-22-2006
Reported in : 2007(3)ALD494; 2007(3)ALT192
..... to entertain the prayer made by the petitioner is that effective alternative remedies are available to the petitioner by way of appeal and revision under sections 340 and 343 of the cantonment act, 2006 (for short, 'the act') and there is no extraordinary reason for making a departure from the settled rule that the high court will not entertain a petition under article ..... effective alternative remedy is available to the petitioner.5. with the above observation, the writ petition is dismissed leaving the petitioner free to avail the alternative remedies under sections 340 and 343 of the act.6. as a sequel to dismissal of the writ petition, wpmp nos. 34100 and 34101 of 2006 filed by the petitioner for interim reliefs are also dismissed.
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-22-2006
Reported in : 2007(2)ALD772
..... corrected the bills that were submitted to the dist. tribal welfare officer, bhadrachalam. nor did i correct the bills that were furnished to accounts section to record necessary entries in the books of accounts. the dates in the bills of last copy were corrected so as to explain the auditor ..... consequence and if, on the basis of such admission, the charges levelled against the delinquent employee can be held to be established and such established acts of misconduct would justify imposition of punishment of dismissal from service, no interference is called for in proceedings under article 226 of the constitution of ..... to interfere with the termination order. (dharmarothmakara raibahadur arcot ramaswsamy mudaliar educatinal institution v. educational appellate tribunal : (2000)illj393sc ) strict rules of evidence act do not apply to departmental/disciplinary enquiries. in a departmental enquiry, it would be permissible for the authorities to prove that the delinquent employee did make such .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-22-2006
Reported in : 2007(3)ALD108; 2007(2)ALT469
ORDERB. Prakash Rao, J.1. Heard both the sides and at their request, the Revision itself is taken up for disposal at the admission stage.2. The petitioners herein, who are the plaintiffs in the Court below, seek to assail the Order 10-7-2006 in I.A. No. 434 of 2005 in O.S.No.78 of 2004 on the file of the Principal Senior Civil Judge, Anakapalle allowing the application purported to have been filed under Order 1 Rule 10 of the Code of Civil Procedure seeking to implead the respondent 1 to 6 herein as defendants 4 to 9 in the main suit.3. It has been pointed out on behalf of the petitioners to the effect that the main suit is filed for specific performance of an agreement of sale in respect of an immovable property and the proposed parties are in no way connected to the suit agreement and they are third parties thereto, hence they cannot be added as defendants in the main suit.4. Considering the submission made on either side and on perusal of the material available on record, it is seen...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-21-2006
Reported in : 2007(1)ALD520; 2007(1)ALT345
..... period of twenty years has to be computed, the decision of the central government shall be final, subject to the usual appeals provided for in this act.section 11 of right to information act:third party information:(1) where a central public information officer or a state public information officer, as the case may be, intends to disclose any ..... said proceedings of the public information officer-cum-the divisional electrical engineer technical, apspdcl, guntur dated 9-5-2006 the 1st petitioner-association filed an appeal under section 19 of act no. 22 of 2005 to the superintending engineer of apspdcl on 23-5-2006. the said appeal was also disposed of by proceedings dated 16-6- ..... objections. further it is averred that aggrieved by the said proceedings of the 8th respondent dated 3-5-2006 the 1st petitioner-association filed an appeal under section 19 of act no. 22 of 2005 to the revenue divisional officer, the 7th respondent herein, on 10-5-2006. it is further stated that in the first week .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-21-2006
Reported in : 2007(3)ALD805; 2007(2)ALT566
..... prove both the ingredients the factum as well as the intention that the appellant falls in the categories of the persons, mentioned above [clause (d) of section 2 of the act], has occupied the land in dispute, which belonged to the first respondent, without any lawful entitlement and with a view to or with the intention of illegally ..... prove both the ing redients the factum as well as intention that the appellant falls in the categories of the persons, mentioned above [clause (d) of section 2 of the act], has occupied the land in dispute, which belonged to the first respondent, without any lawful entitlement and with a view to or with the intention of illegally ..... taking possession of such land or entering into the land for any of the purposes mentioned in clause (e) of section 2 of the act, summarized above.41. what needs to be looked into in the present controversy is: whether the appellant has any lawful entitlement (proprietary or possessory) to the .....
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