Court : Gujarat
Decided on : Dec-13-2006
Reported in : 2008ACJ2486
m.s. shah, j.1. this appeal under section 173 of the motor vehicles act, 1988 is directed against the judgment and award dated 19.10.2004 of the motor accident claims tribunal, ahmedabad rural in mac petition no. 1745 of 1990 awarding compensation of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-13-2006
Reported in : 2007(2)ALD766; 2007(4)ALT215
..... , a reasonable opportunity of stating any objection and adducing evidence, if any, and after being satisfied that the objection which is raised is invalid or insufficient.18. section 456 of the act reads as hereunder:456. removal of structures, trees, etc., which are in ruins or likely to fall :-(1) if it shall at any time appear to ..... -laws referred to supra.8. learned standing counsel would also maintain that this is only at the stage of show-cause notice and the notice under section 459 of the act had been given calling for objections and the petitioner is at liberty to raise all objections and also to satisfy the respondents that the building is not ..... bylaws 1981 (hereinafter in short referred to as 'by-laws') and would submit that in the light of the same the very issuance of the notice under section 459 of the act cannot be sustained.7. per contra, sri ganta rama rao, learned standing counsel representing the respondents, would submit that the respondents just had done their statutory .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-13-2006
Reported in : AIR2007AP127; 2007(3)ALD44; 2007(4)ALT492
..... the discretion, such denial must be guided by settled principles of law, and not by ipse dixit of the court. this is clear from section 20 of the specific relief act.17. article 54 of the limitation act prescribes the period of limitation for institution of the suits, and indicates the starting point for computation. the limitation starts from the date, meant ..... represented by any competent authority?3) whether the suit sale agreement is opposed to bye-laws and hit by section 23 of the contract act?4) whether the suit is not maintainable for want of notice under section 126 of a.p. co-operative societies act?5) whether the suit is barred by limitation?6) whether the plaintiff is entitled to the specific performance ..... i hold issue no. 3 against the plaintiffs saying that, the agreement of sale under ex.a-1 is opposed to the bye-laws of the society and hit under section 23 of contract act, and i hold issue no. 4 against the plaintiffs stating the suit is bad for not issuing prior notice under .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-13-2006
Reported in : 2007[5]STR246
..... by his letter dated 29th november, 2006.4. the petitioner has a remedy of filing an appeal under section 35 of the central excise act, 1944 which it can file within 60 days and also apply for stay of the impugned order in original. section 35f provides that a party against whom such duty is levied can apply for an order not to .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-13-2006
Reported in : I(2008)BC457; 2007(2)BomCR429
..... 2. by this application, applicant-original complainant seeks leave to prefer appeal against acquittal.3. this applicant had filed complaint alleging offence under section 138 of negotiable instruments act. according to complainant the complainant carries on business. the accused from time-to-time from 2000 purchased goods on credit and for the ..... 17352. later on this cheque came to be dishonoured. hence demand notice was issued but claim not being satisfied, complaint alleging offence under section 138 of negotiable instruments act came to be filed.4. the complainant in support of his case examined himself and placed reliance on the cheque and notice. since beginning ..... some other business not run by this complainant. considering these facts, the trial court came to the conclusion that the presumption arising under section 139 of negotiable instruments act is rebutted and the complainant failed to prove the debt or legal liability and judgment of acquittal came to be recorded.5. on .....
Tag this Judgment!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(2)ALD332; 2007(3)ALT197
..... the same may have to be taken into consideration. in that view of the submissions, submissions at length were advanced in relation to sub-section (2) of section 192 of the act. at the same time the broader concept of the principles of natural justice where an action involves the civil consequences also cannot be forgotten. ..... apex court is distinguishable.10. further reliance also was placed in kaswa venkatesham and others's case (supra), wherein this court while dealing with section 192 of a.p. municipalities act. in relation to encroachments and removal for road widening, it was held that the concept of principles of natural justice, if otherwise crystallized by ..... margin.12. reliance also was placed on the judgment in yaseen khatoon's case (supra), which is in relation to the notices under sections 636 and 437 of hyderabad municipal corporation act, 1955 and the demolition of unauthorized constructions, the benefit of the deemed permission and the other relevant aspects.13. on an overall .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-13-2006
Reported in : AIR2007AP156; 2007(2)ALD412; 2007(3)ALT214
..... further extension up to 2017, through a separate document dated 1-6-1992, marked as ex. b-13. even this document was not registered.20. section 107 of the act clearly mandates that lease of an immovable property, for a period exceeding one year, can be brought into existence, only through a registered document. unless registered ..... , the lease deeds, referable to section 107 of the act, cannot be received in evidence. the trial court initially refused to receive exs. b-12 and b-13, in evidence. in a revision, preferred to this ..... the maximum that can happen is that, the transaction of lease, which hitherto was incomplete, can be brought about. even where a lease in accordance with section 107 of the act emerges through specific performance, the obligation of the lessee to be evicted, does not cease. it is no doubt true, that the circumstances, under which .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Dec-13-2006
Reported in : (2007)LCAPTEL1080
..... basic services only and nowhere it deals with "ancillary services" as seen from preamble, various definition clauses and parts ii to x of the 2003 act. section 61 and 62 of the act do provide for tariff determination: (i) for supply of electricity by a generating company to distribution licensee.the above services are basic services. there is ..... and accepted by the third member.14. mr. j.j. bhatt senior counsel appearing for the first respondent rel contended that the construction placed on section 123 of the electricity act 2003 by senior counsel mr. chagla is neither tenable nor sustainable and that the only option open for the 3^rd member, is to answer the ..... the rel are independent of each other; and 6. after delivering separate judgment, the two-member 1^st bench, made the present reference in accordance with section 123 of the electricity act, 2003, as there is disagreement between the two hon'ble members of the 1^st bench.7. accordingly, the hon'ble chairperson referred the matter .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
Decided on : Dec-13-2006
Reported in : (2006)LCAPTEL278
..... legitimate cost and over estimated the revenue while approving the arr? 9. before taking up the points for consideration it is essential to refer the statutory provisions of the electricity act, 2003. section 60(1) provides that the appropriate commission shall be guided by the principles and methodology specified by the central commission for determination of tariff for generation, transmission and distribution ..... the regulatory commission shall be guided by the national electricity policy, national electricity plan and tariff policy published under section 3 of the act.11. we will first take up the contention advanced by the appellant, viz. non pass through of actual interest cost in the tariff and provision for principal repayment of ntpc .....
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