Court : Andhra Pradesh
Decided on : Dec-12-2006
Reported in : 2007(2)ALD422; 2007(2)ALT559
..... of the evidence and scrutiny of the findings of fact recorded by the appellate authority. this view, however, has not been accepted by supreme court while interpreting section 22 of the rent act.6. in mudigonda chandra mouli sastry v. bhimanepalli bikshalu : air1999sc3095 , supreme court held as under:coming to the second submission what we find is that ..... the bank account of the landlord in bank of india, kachiguda branch. therefore, the rent control petition itself is not maintainable.scope of revision.5. section 22 of the rent act, empowers the high court to call for and examine the records relating to any order passed by the appellate authority and examine the same for the ..... be said that the decree passed by the trial court is eclipsed by mere pendency of the second appeal at the stage of admission. therefore, section 32(c) of the rent control act cannot come to the rescue of the defendants. at the relevant time, the suit was instituted, decree was passed and such decree was confirmed .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-12-2006
Reported in : 2008ACJ416; 2007(3)ALD471; 2007(3)ALT383
..... .p.no. 336 of 1998 to rs. 40,000/- per annum, the tribunal shall assess the income on evidence and consider the claim petitions under section 163-a of the act taking into consideration the age, income and other attendant circumstances envisaged under the provision, and pass appropriate orders.18. accordingly, the impugned common order is ..... the corporation (3 supra), there was no occasion for the apex court to consider the present contingency where two claim petitions one under section 166 and another under section 163-a of the act were filed, and a perusal of the said judgment would reveal that facts are totally different and hence the judgment cannot be made ..... . further, the tribunal after elaborate discussion of the evidence thus adduced, held that the petitioners are not entitled to claim compensation under the provisions of section 166 of the act as the driver of the bus was not negligent and the accident occurred only because of the negligent driving of the scooter by the deceased. it .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-12-2006
Reported in : 2007(3)ALD534
..... the claim against the second respondent on the ground that it cancelled the policy due to the bouncing of the cheque issued by the first respondent relying on section 64vb(1) of insurance act, 1938. questioning the dismissal of the claim against the second respondent, the claimants have preferred this appeal.4. the point for consideration is whether the second ..... insurance co. ltd. v. inderjit kaur air 1998 sc 588 and new india assurance co. limited v. rula 2003 (2) scc 223, contended that in view of section 147(5) of the motor vehicles act, 1988, the respondent is bound to pay the amount payable to the appellants though it might have cancelled the policy subsequently. ..... orderc.y. somayajulu, j.1. appellants, who are the widow and children of andekar manoji (deceased) filed a claim petition under section 166 of the motor vehicles act, 1988 seeking compensation of rs. 1,00,000/- from the respondents alleging that the deceased died due to an accident caused by the driver of the lorry belonged .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-12-2006
Reported in : 2007(4)ALD48
..... negligent driving of the driver of the said bus, the accident took place and the police of the manopad, had registered a case in crime no. 39 of 1997, under sections 304-a and 337 of ipc, against the driver of the said bus. it is stated that the first claimant also received multiple injuries and lost total teeth in the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-12-2006
Reported in : 2007(3)ALD764; 2007(3)ALT682
G. Yethirajulu, J.1. This second appeal has been preferred by the defendant in O.S. No. 6 77 of 1984 on the file of the II Additional Munsif Magistrate, Guntur.2. The plaintiff filed a suit against the defendant for ejectment. The suit was decreed as prayed for. Being aggrieved by the judgment and decree of the trial Court, the defendant preferred A.S. No. 61 of 1990 on the file of the II Additional District Judge, Guntur. The appeal was also dismissed by confirming the judgment and decree of the trial Court. Being aggrieved by the judgment and decree of the appellate Court, the defendant preferred the present appeal by raising the following points as substantial questions of law to be considered by this Court:(a) Whether the plaintiff's suit for ejectment can be decreed without asking for declaration of title or amendment of the plaint when the defendant raised a defence that they are in adverse possession of the property since last 25 years and neither the plaintiff nor his predecess...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-11-2006
Reported in : 2007(2)ALD328
..... municipality cannot remove the structures erected in that property without issuing a notice under section 406 of the act and section 406 of the act is relevant section and not section 405 of the act. it is true, though section 405 of the act enables the municipality to remove unauthorized structures, but, it applies where there is ..... damage by the removal or alteration thereof.certain submissions were made in relation to the distinction to be drawn in between section 405 and section 406 of the aforesaid act and further submissions were made that in several cases it would be difficult to draw a clear line in between the encroachments ..... . v. visakhapatnam municipal corporation : 2003(2)ald541 , wherein a learned judge of this court while dealing with section 405 of the hyderabad municipal corporation act and section 7 of visakhapatnam municipal corporation act 1979 observed that where the petitioners are occupying portions of road and paying encroachment fees, the corporation is entitled to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-11-2006
Reported in : (2007)9VST41(AP)
..... notice, dated december 7, 2006 in form 610 and also directing to pay penalty at two times the alleged tax due, as arbitrary, contrary to the provisions of the apvat act and rules, 2005 and consequently direct the first respondent to release the vehicle along with the consignment forthwith and pass such other order or orders as the honourable court may ..... carrying on business in manufacture and sale of granite, is a registered dealer on the rolls of the second respondent both under the central sales tax act, 1956 and under the andhra pradesh value added tax act, 2005. it appears from the affidavit that the petitioner sold polished granite slabs to m/s. shiva granites marble, surat. the invoice value of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-08-2006
Reported in : 2007(3)ALD73; 2007(3)ALT342
..... herein that such a notification has been issued by the central government, (let alone its being published in the official gazette), conferring powers under section 5 of the act on the enquiring authorities of the railways. to a specific query from this court, sri r.s. murthy, learned standing counsel, would submit ..... a revision, under rule 25 of the railway servants (discipline & appeal) rules, 1968, is an effective alternative remedy requiring the tribunal, under section 20 of the administrative tribunals act, and this court, under article 226 of the constitution of india, to refrain from exercising discretion. suffice to state that the question, whether the ..... remedy of a revision can be equated to an appeal, under section 20 of the administrative tribunal act, which would bar the tribunal from exercising its jurisdiction is left open for examination in an appropriate case.the writ petition fails and is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-07-2006
Reported in : 2008ACJ27; 2007(3)ALD731; 2007(4)ALT221
..... his wife were depending on the income of the deceased, p.w.2 might have shown his occupation as nil.14. as per section 166 of the act, the legal representatives of a deceased victim only would be entitled to compensation. mother being the legal heir to the estate of a ..... to the death of the deceased would come to rs. 1,20,000/- (rs. 10,000 x 12). as per schedule ii of the act appellants are entitled to funeral expenses of rs. 2,000/- and loss of estate of rs. 2,500/-also.17. thus, the appellants are ..... deceased son, as per hindu succession act, would only be his heir. so second appellant only would be entitled to make a claim for compensation. it is well known that ..... c.y. somayajulu, j.1. appellants filed a claim petition under section 166 of the motor vehicles act, 1988 (the act) seeking compensation of rs. 2,00,000/- for the death of their unmarried son ramesh kumar tiwari (the deceased) .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-07-2006
Reported in : (2007)8VST48(AP)
..... revise the said assessments by his orders dated march 22, 2004, october 30, 2003 and may 6, 2005, in exercise of the powers under section 20(2) of the apgst act read with section 9(2) of the cst act. the substance of the second respondent's stand is that the eligibility certificate issued by the industries department in favour of the petitioner mentions ..... .1. the petitioner is the same in all these four writ petitions ; a proprietary concern and a registered dealer both under the andhra pradesh general sales tax act, 1957 and the central sales tax act, 1956, and an assessee on the rolls of the first respondent, carrying on business in the sale of cashew-nut. it appears from the pleadings before us .....
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