Court : Andhra Pradesh
Reported in : 2007(4)ALD251
..... pw.1 to mutate the house in his name in municipality, exs.b2 to b12 dated 1971-72,1972-73,1973-74, 1974-75, 1975-76, 1976-77,1977-78,1978-79, 1980-81, 1981-82, 1982-83 are the extracts and cc of property tax registers corresponding to house no. 7-2-39/a, ex.b l3 is the ..... the decision of this court in kurmina venkatrama reddy v. visakhapatnam municipality, represented by its commissioner, visakhapatnam, reported in 1978 (2) aplj 247 and the learned counsel pointed-out that the said decision is concerned with section 228 of the act and the ratio in the said decision is not applicable to the facts of the present case. hence, the learned ..... as under:section 258 of the a.p. municipalities act 1965: 258. limitation of compensation: no person shall be entitled, save as provided in sections 237, 238 and 250 to compensation for any damages sustained by reason of any action taken by the municipal authorities in pursuance of their powers under this chapter.19. the learned judge also recorded that the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD173; 2007(2)ALT386; [2007(114)FLR253]
..... k.s. wadke : (1975)iillj445sc the supreme court, after considering the definition of the expression 'industrial dispute', the word 'settlement', the provisions of chapter ii of the act and making reference to the large number of judicial precedents, culled out the following propositions:(1) if the dispute is not an industrial dispute, nor does ..... punjab v. shamlal murari : [1976]2scr82 , the supreme court interpreted rule 3 of the punjab and haryana high court rules and orders, volume 5, chapter i-a, which provide that no appeal under clause 10 of the letters patent will be received by the deputy registrar unless it is accompanied by three ..... supreme court in bhikraj jaipuria v. union of india : [1962]2scr880 , express newspapers v. their workers 1962 (2) llj 227 shambhunath goyal v. bank of baroda : (1978)illj484sc national council for cement & building materials v. state of haryana : (1996)iillj125sc banarsi dass v. brig. maharaja sukhjit singh : air1997sc4142 rai vimal krishna v. state .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD243; 2007(3)ALT742
..... precise demarcation, it is yet necessary to keep the broad distinction in mind. lord denning in his book 'the closing chapter' has this to say on the subject:the first thing to notice is that public law is confined to 'public authorities ..... that the petitioner had, in fact, informed them that he was not in a position to bring in the necessary finance for proper management and operation of the retail outlet and had requested them to permit him to bring sri r. ..... down in commissioner of police v. gordhandas bhanji : [1952]1scr135 and mohinder singh gill v. the chief election commissioner : [1978]2scr272 , that where the statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons ..... of principles of natural justice; or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an act is challenged. (see whirlpool corporationn v. registrar of trade marks) the present case attracts applicability of the first two contingencies. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD188
..... properties, funds and the affairs of ttd. rules have been framed in exercise of powers conferred under section 97 read with section 153 of act 30 of 1987 from chapter i to chapter xviii. chapter xix deals with leases of lands from rules 138 to 151. rules 138 to 149 deals with the manner and method of the leases by ..... ex.a23 dated 09.09.1977 permitted the plaintiff trust to construct buildings subject to certain conditions. thereafter the defendant devasthanam vide ex.a8 proceedings dated 15.11.1978 stated that the board of trustees agreed for the grant of lease in respect of adjacent extent of 57 cents in favour of the plaintiff trust on the ..... the site was not sufficient the plaintiff trust applied for additional area of 57 cents and the board of trustees of defendant devasthanam vide resolution dated 05.10.1978 approved the lease of additional 57 cents and accordingly communicated ex.a8 letter.the joint executive officer of the defendant devasthanam issued ex.a12 proceedings dated 01.12. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007CriLJ1396
..... three sources through which the court can take cognizance of the offence. section 190 reads as under:190. cognizance of offences by magistrates:(1) subject to the provisions of this chapter, any magistrate of the first class, and any magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence -(a) upon ..... one of the alternatives to the exclusion of the other. 12. in mukania v. achalia it was held thus:under section 190(1), it is open to a magistrate to act on any one of the three grounds mentioned in the clauses insection 190(1) but these three grounds are not mutually exclusive and it is possible for a magistrate to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(1)ALD351
..... the offences against other laws.7. before we answer the submissions made by the respective counsel, it is appropriate to notice the statutory provisions.8. chapter iii of the act deals with taxation and finance. section 60 deals with taxes leviable by gram panchayats. section 60(1 )(a) provides a gram panchayat shall levy in the village a house ..... the sarpanch of pottepalem gram panchayat filed a complaint under sections 70 and 72 read with rules 34(2) and 41(1) of schedule of andhra pradesh gram panchayats act, 1964 before the court of iv additional judicial first class magistrate, nellore, alleging that an amount of rs. 40,176-90 is due from siri cold storage, ..... petition is: whether non-payment of house tax due to a gram panchayat is an offence punishable under the provisions of andhra pradesh panchayat raj act, 1994 (for short 'the act') and the rules made thereunder and whether the magistrate can take cognizance of the offence on the complaint so filed by the executive officer/sarpanch .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(6)ALT472
..... possession of the entire land was handed over to the plaintiff on 23-2-1879.21. the defendants also suppressed a fact that there is a separate chapter in inam b register relating to personal inams from page nos. 29 to 39, wherein the names of the defendants or their predecessors did not find place ..... the revenue department under sub-section (4).inams deputy tahsildar, chittoor, under sub-section (4) of section 3 of the andhra inams (abolition and conversion into ryotwari act, 1956)(andhra act xxxvii of 1956), that the land specified below:(iv) is an inam land(v) is in ryotwari vil(vi) is not held by an institution scheduledistrict : chittoortaluk ..... false. the position would be entirely different if a party litigant could establish that in a prior litigation his opponent prevented him by an independent, collateral wrongful act such as keeping his witnesses in wrongful or secret confinement, stealing his documents to prevent him from adducing any evidence, conducting his case by tricks and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007CriLJ502
..... limitation' means the period specified in section 468 for taking cognizance of an offence.it is clear from a reading of the said opening provision that the entire chapter concerns only with the period of limitation prescribed in the succeeding provisions. of course the usual play at the joints is provided therein by using the words 'unless ..... proceedings which had already been concluded and attained finality.24. since insertion of the proviso to clause (b) of section 142, by the negotiable instruments (amendment) act, 2002 (act 55 of 2002), came into force from 6-5-2003, and as the said amendment has not given retrospective application, either expressly or by necessary implication, it ..... under section 138.8. it is also necessary to note that the proviso to clause (b) of section 142 was added by the negotiable instruments (amendment) act, 2002 (act 55 of 2002) with effect from 6-5-2003.9. there is considerable force in the submission of sri c. praveen kumar, learned counsel for the petitioner .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007CriLJ710
..... allow the appeal and set aside the entire complaint.6. in the light of the aforesaid submissions, it is necessary to refer to section 340 of cr.p.c. chapter xxvi of the code of criminal procedure deals with provisions as to offences affecting the administration of justice and section 340 of cr.p.c. deals with the procedure in ..... proceeding in that court in respect of a document produced or given in evidence in a proceeding in that court, the court may after such preliminary inquiry may do the acts mentioned therein. from the said wording it cannot be said that invariably the court has to hold an inquiry before making a complaint. it may or may not hold ..... officer in the said case) was charged for the offence under sections 7, 13(1)(d)(ii) read with section 13(2) of the prevention of corruption act, 1988 (for short 'p.c. act'). it appears immediately after the trap, section 164 cr.p.c. statement of the appellant-ex.p6 was recorded by the learned viii metropolitan magistrate, vijayawada. however .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007CriLJ636
..... in india wherever it may be.explanation:- in this section the word 'offence' includes every act committed outside india which, if committed in india, would be punishable under this code.15. the words notwithstanding in any of the preceding sections of chapter xiii clearly indicate that sections 177 - 184 are controlled by section 188 with regard to inquiry ..... inquiry other than a trial. it is settled that a proceeding under section 209 is in the nature of an inquiry within the meaning of section 2(g)(see air 1978 patna 225 (fb))16. the supreme court in state of u.p. v. lakshmi brahman (1983) 3 scc 372 in para- 13 of its judgment held ..... p.c. however provides the safeguard for the nri to guard against any unwarranted harassment by directing, 'that, notwithstanding anything in any of the preceding sections of this chapter, no such offence shall be inquired into or tried in india except with the previous sanction of the central government'. since the proviso begins with a non obstante .....
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