Court : Andhra Pradesh
Reported in : 2005(4)ALD130; 2005(6)ALT65
..... ready and willing to perform his obligation under a contract to purchase shares, a purchaser has not necessarily to produce the money or to vouch a concluded scheme for financing the transaction and the question has to be considered based upon the facts and evidence adduced. the supreme court in s.v.r. mudaliar's case (supra) held ..... entering into the agreement of sale at an unconscionably low price is invented to deprive the right of the plaintiff. admittedly, the husband first defendant died in the year 1978, whereas the agreement of sale was entered into in the year 1980 i.e. two years subsequent to the death of husband of first defendant and hence the ..... defendants 4 to 7 to claim pre-emptory right under section 4 of the partition act. it is well settled principle that section 9 of the specific relief act says that except as otherwise provided in that act where any relief is claimed under chapter ii of the act in respect of a contract, the person against whom the relief is claimed may .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (2005)198CTR(AP)136; [2005]276ITR225(AP)
..... refunded in favour of the respective applicants. it was further pleaded that many of the small merchants who had applied for il 24 licence are already hard pressed for finances as in some cases they had borrowed funds at exorbitant rate of interest. while the matter stood thus the first respondent in purported exercise of power under section ..... such directions to a state as may appear to the government of india to be necessary for that purpose.'19. in state of rajasthan v. union of india : [1978]1scr1 the apex court explained the ambit of article 256 of the constitution of india in the context of advice by the home minister, government of india, to the ..... , the learned judge followed the view expressed in dwijendra lal brahmachari v. new central jute mills co. ltd. : [1978]112itr568(cal) .40. in the light of the clear language of sections 131(1) and 131(1a) of the act, the question whether a demand draft would fall under the definition of 'document' may not be such an essential question to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2005AP274; 2005(2)ALD675; 2005(2)ALT503
..... a court only when the court takes cognizance of the offence alleged therein. that in the judicial exercise of his discretion, the magistrate may instead of proceeding under chapter xv, take action of some other kind, such as issuing a warrant for the purpose of investigation, or ordering investigation by the police under section 156(3 ..... above suits were decided by a common judgment and decree, dated 31-8-1974, against which c.c.c.a. nos. 34 of 1977 and 56 of 1978 were filed in this court and the same were dismissed by a common judgment, dated 17-9-1984, confirming the trial court's judgment with some observations. aggrieved ..... that statement or allegations satisfies both the ingredients - the factum as well as the intention. as has been held in shalivahana builders' case (1 supra), that an act of land grabbing involves 'taking of any land belonging to government, etc., or any other private person unauthorisedly, unfairly, greedily, either forcibly, violently, unscrupulously or otherwise but .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD370
..... of victim of such coercion or undue influence. but, a contract vitiated by fraud suffers from incurable defect. sections 13 - 18 of the indian contract act, 1872 define/describe 'consent', 'free consent', 'coercion'', 'undue influence', 'fraud', and 'misrepresentation'. as this court finds that the allegations of fraud ..... both of them as absolute joint owners of the suit schedule properties. indeed, balarajaiah, father of the defendants 2 to 6 was acting as adviser of the family and was taking care of legal proceedings before the land reform authorities, income tax authorities and wealth tax ..... a.10 written statement was filed by pentamma in o.s.no. 927 of 1977 on 18.1.1978 and the same was adopted by her sons (defendants herein) by filing memo ex.a.12 on the same day i.e., 18 ..... .1.1978. therefore, the defendants cannot now be allowed to contend that chandramma released all her rights under the suit schedule property .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (2005)186CTR(AP)451; 2005(185)ELT236(AP); 2006[3]STR565
..... and in violation of articles 14 and 19(1)(g) of the constitution of india. therefore, the petitioners challenged the constitutional validity of chapter v of finance act, 1994 as amended by finance act, 1997 and finance act, 2000 insofar as levy of service tax on persons like the petitioner at the rate of 5%, is concerned.4. the respondents in ..... of trucks and for the purposes of use of trucks, the fuel is also arranged by transporters. the act of transport does not merely involve personal services of transporters but also vehicles and fuel. chapter v of the finance act, 1994 provide for levy of service tax on utilisation of transport services by the petitioners. it was ..... amended by finance act of 1997 and by virtue of it, service tax of 5% on the amount of freight is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD572; 2005(1)ALD(Cri)498
..... the commission of a non-cognizable offence shall be deemed to be a complaint.'section 190 of cr.p.c. reads:'(1) subject to the provisions of this chapter, any magistrate of the first class, and any magistrate of the second class especially empowered in this behalf under subsection (2), may take cognizance of any offence ..... or the accused, summon and examine any person giving evidence on affidavit as to the facts contained therein.'section 146 of the act reads:'the court shall, in respect of every proceeding under this chapter, on production of bank's slip or memo having thereon the official mark denoting that the cheque has been dishonoured, presume ..... the fact of dishonour of such cheque, unless and until such fact is disproved.'para-4(iv) of the statement of objects and reasons to the negotiable instruments (amendment and miscellaneous provisions) act, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALT607; III(2005)BC111; 2005(2)CTC417; [2005(3)JCR390(AP)]
..... the commission of a non-cognizable offence shall be deemed to be a complaint.'section 190 of cr.p.c. reads:'(1) subject to the provisions of this chapter, any magistrate of the first class, and any magistrate of the second class especially empowered in this behalf under sub-section (2), may take cognizance of any ..... the accused, summon and examine any person giving evidence on affidavit as to the facts contained the rein.'section 146 of the act reads:'the court shall, in respect of every proceeding under this chapter, on production of bank's slip or memo having thereon the official mark denoting that the cheque has been dishonoured, presume the ..... fact of dishonour of such cheque, unless and until such fact is disproved.'para-4 (iv) of the statement of objects and reasons to the negotiable instruments (amendment and miscellaneous provisions) act, 2002 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD204; 2005(2)ALT334
..... . the relevant portion at paras 11, 12, 13, 14 and 22 read as follows:'11. section 25b of delhi rent control act, 1958 finding its place in chapter iii-a of the act was inserted into the body of the main act by act no. 18 of 1976 with effect from 1-12-1975. it provides for a special procedure to be followed for the ..... business. no doubt, the nature of business she wants to commence is not disclosed. but she stated that she wants to commence business in the name and style of 'kashap finance'. be that as it may, she is entitled to choose the premises, which required for running her business. the court cannot sit in judgment about the choosing of premises by ..... a comfortable living. the landlord has been living in defence colony locality for more than 35 years. the first floor which was let out to the tenant in the year 1978 as being an accommodation surplus with the landlord has with the lapse of time become a necessity for occupation by the landlord and his family members. more than ten years .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD530; 2005(1)ALT412; 2005(192)ELT143(AP)
..... . it has been stated in para 7 of the affidavit in reply sworn on behalf of the petitioner on 12th feb., 1982 that the administrative office of the finance department as well as office of the managing director of the respondent no. 3 are situated at 15, park st. calcutta. it has also been stated that ..... of an appropriate writ, direction or order under article 226 of the constitution for quashing the notification issued by the state government under section 52(1) of the act. if the respondents felt aggrieved by the acquisition of their lands situate at jaipur and wanted to challenge the validity of the notification issued by the state government ..... ex parte prohibitory order restraining the appellants from taking any steps to take possession of the land acquired. under sub-section (5) of section 52 of the act the appellants were entitled to require the respondents to surrender or deliver possession of the lands acquired forthwith and upon their failure to do so, take immediate steps .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD752; 2005(1)ALT310
..... inasmuch as such a rule can be framed in exercise of the general power under sub-section (1) for the purpose of carrying into effect chapter vi relating to control of traffic. there is, therefore, no substance in the contention of the petitioner that rule 498-a is ultra vires the provisions- ..... counsel places reliance on the decisions of the supreme court in collector of customs, madras v. nathella sampathu chetty : 1983ecr2198d(sc) . maneklal chhotalal v. m.g. makwana, : [1978]2scr621 . maneka gandhi v. union of india : [1967]3scr65 . and ajay hasia v. khalid mujib sehravardi : (1981)illj103sc .6. learned counsel nextly contends that regulation 6 ..... the faculties of arts, humanities, fine arts, music, social science, commerce and sciences) regulations 1985 and held that under section 14 of the university grants commission act, 1956, the regulations made by the university are binding on all the autonomous colleges, that the condition of attendance upto 75% is necessary for the purpose of .....
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