Court : Andhra Pradesh
Reported in : 2008(3)ALD451; 2008(2)ALT309
..... the society at any time.section 28 of the a.p. societies registration act, 2001, (hereinafter referred to as act 35 of 2001), relates to societies financed by the government and, thereunder, where a government is a member or is wholly or substantially financing a society, it may place such terms and conditions on the society as ..... made for its internal management. that the government has the power under section 28 of act 35 of 2001 to issue public policy notifications to the academy, in view of its being a member of the academy, and substantially financing it, would also go to show that the national academy of construction is a society ..... involved in the work of monitoring owk tunnel and owk reservoir projects in kurnool district, that he was involved in formulation and monitoring of medium irrigation projects financed by the world bank such as surampalem reservoir project, kowada kalva reservoir scheme, pedderu reservoir scheme etc., that he was also entrusted with the down stream .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(3)ALD198; 2008(2)ALT136
..... gazette. (by order and in the name of the government of andhra pradesh).appendixnotificationunder clause (c) of section 3 of the land acquisition act, 1894 (central act, 1 of 1894), the governor of andhra pradesh hereby appoints revenue divisional officers and the mandal revenue officers in their respective jurisdiction to perform ..... is that delegation of power of holding enquiry under section 5a in favour of the revenue divisional officer, gudiwada, is contrary to the provisions of the act.43. this court, while admitting the writ petitions, granted interim stay of all further proceedings, including dispossession of the petitioners from the lands in ..... shall not use agricultural land for non-agricultural purposes without paying the stipulated conversion fees and obtaining the permission of the competent authority. the 2006 act is, therefore, intended to achieve the purpose of user of the agricultural land for non-agricultural purposes through a regulatory mechanism. it is significant to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALD632; 2008(2)ALT468
..... for the petitioners advanced legal contentions, irrespective of the above finding, this court seeks to examine the same.15. chapter iii of the 1882 act deals with sales of immovable property. section 54 of the act defines 'sale' as transfer of ownership in exchange for a price paid or promised or part paid or part promised ..... that gattupalli bhadraiah and gattupalli shankaraiah filed writ petition no. 3164 of 1991 against the municipality for a direction to it to initiate proceedings under the act for payment of compensation and that later they filed affidavit on 11.07.1995 before the municipal council, siddipet declaring that the said land belongs to ..... and 40 square yards comprised in sy.no.1825 of siddipet town, medak district, without acquiring the same under the provisions of the land acquisition act, 1894 (for short, 'the act') and paying compensation to the petitioners, as arbitrary, illegal and violative of article 300a of the constitution of india. the petitioners also sought .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2008]143CompCas161(AP)
..... of twenty years from the date of issue. while placing reliance on this provision, learned counsel for central government submits that chapter-b of the scheme of arrangement is contrary to section 80(5a) of the act. insofar as the same provides for redemption of non-cumulative redeemable preference shares (ncrps) after entire loans for secured creditors are ..... shares of the said company has been restricted. it is further stated that in second part of the scheme in chapter b, there is a clause, which is against proviso (a) of section 80(1) of the act. as per arrangement the loan will be considered only as contingent liability, which is also having clause of waiver ..... repaid as per the scheme. the objection is raised with reference to clause-a of chapter-b which reads as below.50% of the existing .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(3)ALD89; 2008(5)ALT579
..... favouritism. however, it must be clearly stated that there are inherent limitations in exercise of that power of judicial review. government is the guardian of the finances of the state. it is expected to protect the financial interest of the state. the right to refuse the lowest or any other tender is always ..... : (1967)iillj266sc , bhagat raja v. union of india : [1967]3scr302 , a.k. kraipak v. union of india : [1970]1scr457 , maneka gandhi v. union of india : [1978]2scr621 , s.l. kapoor v. jagmohan : [1981]1scr746 , swadeshi cotton mills v. union of india : [1981]2scr533 and ogla tellis v. bombay municipal corporation : air1986sc180 . by applying ..... extracted is situated and minerals other than minor minerals vest in the union. 'minor minerals' have been defined in the mines and minerals (regulation and development) act, 1957, to mean 'building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the central government may .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALT113
..... provisions, the scheme is statutory in nature and as such, any such scheme approved under the said act which is a central act cannot be defeated by a state legislation. in case of repugnancy between central and state acts, the central act alone prevails.78. in international finance corporation v. bihar state industrial development corporation (2005) 10 scc 179 it was observed by the apex ..... this court to the relevant bifr reservations, 1987 (hereinafter referred in short as 'the resolution' for the purpose of convenience) in particular chapter vi the procedure for preparation and sanction of the scheme under section 18 of the act, the regulations 27 to 33 in particular. the learned counsel would submit that several of the factual controversies between the parties may not .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALD754; III(2008)BC474
..... borrower) who is aggrieved by the measures taken by the secured creditor or his authorized officer under this chapter, may prefer an appeal to the debts recovery tribunal having jurisdiction in the matter within a specified time ..... on the economy of the country cannot be ignored, purely restricting it to individual transactions more particularly when financing is through banks and financial institutions utilizing the money of the people in general namely, the depositors ..... , the law granting relief to the debtors protecting their property was upheld. also see pathumma v. state of kerala : [1978]2scr537 ; fatehchand himmatlal v. state of maharashtra : [1977]2scr828 and ramdhandas v. state of punjab : (1961)iillj102sc .it ..... representing the respective parties advanced elaborate submissions drawing the attention of this court to different decisions on the securitisation act and also placed strong reliance on several decisions. strong reliance was placed on the decision of the supreme court .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(6)ALT294
..... reasonably clear on the authorities that the court will not exercise its jurisdiction upon a mere question of propriety....(emphasis supplied)and on re: s. mulgaokar air 1978 sc 727, wherein the supreme court observed:.my opinion on matters touched by my learned brother krishna iyer is that, although, the question whether an attack ..... has been equated with 'due administration of justice'. substantial interference with the course of justice is the requirement for imposition of punishment. the contempt of courts act places an obligation on to the court to assess the situation itself as regards the factum of any interference with the due course of justice or of ..... serious contempts. similarly, deceiving the court or the court's officers by deliberately suppressing a fact, or giving false facts, may be a punishable contempt. certain acts of a lesser nature may also constitute an abuse of process as, for instance, initiating or carrying on proceedings which are wanting in bonafides or which are .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(6)ALT563
..... firm during the financial year 2002-03.the bank had thoroughly failed to perform its intended role as purveyor of micro credit, as it had generally financed big and influential borrowers involved in commercial construction, an activity expressly prohibited by rbi. the top 86 borrowal accounts with outstanding balance of rs. 100 ..... review is only concerned with the decision making process and not the merits of the decision. the learned senior counsel in this regard relied upon peerless general finance and investment company private limited v. reserve bank of india : 1991crilj1391 .6. the position of charminar cooperative bank and vasavi cooperative bank was different from ..... bank is registered as an eligible cooperative bank under the provisions of 1961 act). section 36-a of the 1995 act made the provisions of chapter-xiiia of the 1964 act mutatis mutandis applicable to all co-operative banks.86. chapter-xiiia of the 1964 act which contains two sections, namely, section 115-a and 115-b deals .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(6)ALD522
..... because of timely action taken by the plaintiff; on the other hand, after the 40th day ceremony; the function of dastarbandi of plaintiff was held on 10-11-1978, and the plaintiff was recognized and made sajjada as desired by the deceased in the presence of respectable persons, who attended the function. the said pronouncement was published ..... a dargah which is a muslim wakf is controlled by a special statutory body namely the andhra pradesh muslim wakf board. section 42 of the muslim wakfs act vests exclusive power in the andhra pradesh muslim wakf board in regard to the appointment of sajjada and mutawalli of a dargah. as such the civil courts ..... regard. the learned counsel would maintain that be that as it may, in the light of the provisions of the andhra pradesh (telangana area) atiyat enquiries act, 1952 (for short 'the act'), the procedure laid down thereunder to be followed. the learned counsel, ultimately, would conclude that so far as the controversial questions are concerned, it is .....
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