Court : Andhra Pradesh
Decided on : Dec-13-2006
Reported in : 2007(3)ALD560
..... evidence is required to prove the terms of the said contract and under section 92 of the indian evidence act, when the terms of a contract have been reduced to the form of a document, the document itself becomes a piece of evidence and ..... the interest from the date of the bond only in the suit.10. sri t. ramulu, learned counsel appearing for the appellant, submits that under section 91 of the indian evidence act, where the terms of a contract have been reduced to the form of a document the document itself constitutes a piece of evidence and no other ..... mortgaged his house property and as the mortgage of the immovable property requires stamp and registration as it being alienation within the meaning of the transfer of property act [for brevity, 'the act'] the said mortgage deed was duly stamped and registered. any modification, alteration, recession, change of the document which requires registration shall be by way of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-13-2006
Reported in : 2007(3)ALD154; 2007(2)ALT532
..... respondent that he paid the rent to the revision petitioner after the death of bala tripura sundaramma the said order can be executed by the revision petitioner in view of section 36 cpc. in view thereof, i am of the considered opinion that the executing court was in error in dismissing the e.p.9. therefore, the revision petition ..... debtor to question it in an appeal. question whether an order passed in an interlocutory proceeding is executable or not was not, considered in that decision.7. as per section 36 cpc interlocutory orders can be executed like decrees. in ea no. 60 of 1995 filed by him, respondent admitted that he has to pay 12 bags of paddy ..... to the revision petitioner. he relied on m.v.s. manikyala rao v. m. narasimhaswami and ors. : [1966]1scr628 in support of his contention that in view of section 36 cpc, provisions relating to execution of decrees apply to execution of orders also. the contention of sri i. ramakrishna rao, learned counsel for the respondent, is that since e .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-13-2006
Reported in : 2007(3)ALD467; 2007(3)ALT675
..... availed of by a third party who had no privity of contract with the owner, the apex court observed:doctrine of part performance as stated in section 53a of the act is an equitable doctrine which creates a bar of estoppel in favour of the transferee against the transferor. it disentitles the transferor from disturbing the possession ..... him. there was no agreement between the respondent/owner and the appellant in connection with the suit land. the doctrine of part performance enshrined in section 53a of the act could not be availed of by the appellant against the respondent with whom he has no privity of contract. the doctrine of part performance as contemplated ..... injunction in the absence of a valid and legal title to protect her possession?3. whether the plaintiff and her husband are protected under section 53a of the transfer of property act?4. the unsuccessful plaintiff in both the courts below is the appellant in the present second appeal. for the purpose of convenience the parties .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-13-2006
Reported in : [2008]143CompCas64(AP)
Bilal Nazki, J.1. Heard learned Counsel for the parties.2. The company petition filed by the appellant in Company Petition No. 120 of 2000 (Ahmedabad Electricity Co. Ltd. v. Sanghi Spinners (India) Ltd. [2007] 140 Comp Cas 161 (AP)), seeking winding up of the respondent-company was dismissed by the learned company judge. Aggrieved by the same, the present appeal has been preferred. The main ground on which the company petition has been dismissed by the learned company judge is that the appellant was not an authorised person to represent the company and that he had also not filed any material to substantiate that he was authorised by the company to file the company petition and give evidence in the matter.3. The order of the learned company judge is assailed in this appeal mainly on the ground that the respondent in the company petition had not raised a plea that the appellant was not an authorised person to file the company petition, as such he could not produce the relevant material. ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-13-2006
Reported in : 2007(3)ALD597; 2007(3)ALT670
L. Narasimha Reddy, J.1. Appellants are the defendants in O.S. No. 494 of 1987 on the file of the learned Principal District Munsif, Vizianagaram. The respondent filed the suit, for the relief of partition of plaint 'A' and 'B' schedule properties into two equal shares and for allotment of one share to him. He has also prayed for a direction for ascertainment of the mesne profits.2. The relevant facts may be briefly stated as under:The father of the respondent, by name Boni Yerru Naidu, the husband of the first appellant and father of appellants 2 and 3, by name Boni Satyam, and two others, by name Boni Tata and Boni Joginaidu, are brothers. The family held lands in Korukondapalem, Pinavemali and Attada Villages of Vizianagaram District. Yerru Naidu went as an illitom son-in-law to his father-in-law's house at Dharmavaram.3. The respondent pleaded that there was a partition of the joint family properties among four brothers and the shares of his father Yerru Naidu and that of Boni Saty...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-12-2006
Reported in : 2007(2)ALD569; 2007(3)ALT556
..... holders/servants after following the procedure and impose the punishment of suspension, removal, dismissal or any other prescribed penalty. indeed, under sub-section (5) of section 37 of the endowments act, if an executive officer of a temple fails to deal with an erring office holder/servant of a temple, the trustee can even ..... executive officer when the first respondent is not admittedly a member of board of trustees or a trustee within the meaning of section 2(29) read with section 17 of the endowments act (non-hereditary board of trustees), the first respondent cannot be clothed with such power of initiating enquiry against the petitioner or ..... to transfer office holders/servants attached to a temple or charitable institutions. section 37(1) and (2), and section 38(1) of the endowments act read as under. sub-sections (3) and (4) of section 37, and sub-section (2) of section 38 of the endowments act deal with appellate powers on departmental officers.37. punishment of office holders an .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-12-2006
Reported in : 2007(2)ALD271; 2007(2)ALT641
..... dated 24-1-1888 issued by the government of madras to which a reference was made in one of the three decisions of this court.6. the provincial act by section 5 empowers the state government to establish courts of small causes. local limits of jurisdiction of such small cause courts, shall be as decided by the state government ..... contention that the finding of fact which is vitiated for perversity or non-consideration of. relevant evidence can always be interdicted by this court in exercise of section 25 of the provincial act. there cannot be any clash or quarrel with said principle. in the given case, so as to satisfy itself, this court can always call for ..... courts are established and power is conferred on them in relation to the pecuniary limits, jurisdiction of these courts of small causes, however, is regulated by sections 15 and 16 of the provincial act. these read as under:15. cognizance of suits by courts of small causes:- (1) a court of small causes shall not take cognizance of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-12-2006
Reported in : 2007(3)ALD116
..... petitioner's remedy is to approach the civil court. the learned standing counsel for first respondent submits that notice was issued to the petitioner under section 406 of hyderabad municipal corporations act, 1955 (as applicable to warangal corporation), and that when the petitioner refused to receive notice, the same was affixed to the wall of ..... all police officers responsible are prosecuted. the apex court also observed that the petitioner therein can seek remedy in civil court for compensation as well as under section 357 of code of criminal procedure, 1973. after referring to some of the decided cases on this branch of law, the supreme court observed that in ..... article 21 has been infringed by arbitrary or capricious action on the part of the public functionaries and that the sufferer was a helpless victim of that act.in hindustan paper corporation (supra), the appellant, which is government of india undertaking, did not supply white paper to respondents who placed orders pursuant to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-12-2006
Reported in : 2007(4)ALD191; 2007(4)ALT514
..... , can a title be declared in favour of the plaintiff?(c) whether ex.a-1 & a-2 create a title in favour of the plaintiff as per section 105 of transfer of property act, 1882?5. the learned counsel for the appellant made elaborate submissions pointing out to certain portions of evidence of p.w.1 and would contend that in the ..... fact and thus would not fall under substantial questions of law.20. hence, in view of the limitations imposed on this court in relation to the reappreciation of evidence under section 100 of the code of civil procedure, 1908, this court is not inclined to disturb the concurrent findings recorded by both the courts below, and accordingly, the second appeal shall ..... rayalu y.b. varu under a registered sale deed dated 6-3-1952 and later the defendant succeeded for the same. the said sale deed is nominal one and never acted upon. as such it is not valid. even if the said sale deed is valid either the defendant or his father-in-law does not derive any right over the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-12-2006
Reported in : 2007(3)ALD449
..... to the rash and negligent driving of the driver of the tractor belonging to the first respondent and insured with the second respondent filed a claim petition under section 166 of the motor vehicles act, 1988 seeking compensation of rs. 1,00,000/- from the respondents. the tribunal, after trial, held that the accident occurred due to the rash and negligent driving ..... the doctor who issued it being examined.5. ex. a 27, judgment of the criminal court, shows that the driver of the offending vehicle was convicted for an offence under section 338 ipc for the injuries suffered by the appellant and was sentenced to pay a fine of rs. 700/-, in default, simple imprisonment for one month. therefore, it is clear .....
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