Court : Andhra Pradesh
Reported in : 2008(3)ALD39; 2008(4)ALT567
..... preliminary decree already granted by the court of first instance in the facts and circumstances, in the light of section 6 of hindu succession act, 1956, as substituted by the amending act, act 39 of 2005?19. sri mahipati rao, the learned counsel representing the appellants advanced certain submissions that apart from the plea of want of ..... applies inter alia, to persons governed by the mitakshara and dayabhaga schools and also to those governed previously by the murumakkayyam, aliyasantana and nambudri laws. the act applies to every person who is a hindu by religion in any of its forms or developments including a virashaiva, a lingayat or a follower of the ..... property capable of being disposed of by her by will or other testamentary disposition;(iv) nothing in this chapter shall apply to a daughter married before the date of the commencement of the hindu succession (tamil nadu amendment) act, 1989;(v) nothing in clause (ii) shall apply to a partition which had been effected before the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2008]82SCL288(AP)
..... of sica, in effect, dispense with are the requirements of section 439 for the purpose of initiating proceedings for winding up of the company under part vii, chapter ii of the companies act. proceeding for winding up shall have to be conducted, after receipt of the opinion of the bifr, in accordance with the provisions of the companies ..... with the three secured creditors, i.e., apsfc, apidc and sbi. it is stated that, in terms of the settlement, the former management had raised the required finance, paid all the secured creditors and had obtained letters to that effect, that in addition they had settled the claims of 36 workmen and had paid their legal dues ..... earlier prima facie opinion that, in spite of ample time and opportunity having been given to all concerned, no viable rehabilitation scheme with fully tied up means of finance could be worked out and that the sick company was not likely to make its networth exceed its accumulated losses within a reasonable time while meeting all its .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALD685
..... or 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 available to ..... hereunder:in order to appreciate the contention raised by the learned counsel for the parties, it is necessary to briefly notice the relevant part of the tender document. chapter i deals with 'instructions regarding submission of the tender'. para 2 gives a long list of documents which had to be submitted for prequalification bid. the relevant ..... as being the sole proprietor of m/s. master marine services. as per our tender criteria, clause l(d), chapter 2 (p.6) mentions that the tenderer must have licence to act as surveyor/loss assessor under the insurance act, 1938. tec feels that there are only two bidders in this tender. it would be desirable to prevent this .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALD247; 2008(1)ALT729
..... /plaintiffs. section 130 of the act lays down that the rules and tables embodied in schedule-ii form part of chapter-ii of part-iv of the act. dealing with finances of the municipality, schedule-ii i.e., taxation rules contains 61 rules and three appendices. ..... on the ground that without availing the remedy of revision under rule 12 of taxation and financial rules (hereafter called, taxation rules) of andhra pradesh municipalities act, 1965 (the act, for brevity) is not maintainable and that the assessments made are correct. first plaintiff examined himself as p.w.1 besides examining p.w.2. documentary ..... 3 and a-4 is not the land exclusively used for agriculture and there are two buildings thereon. therefore, the submission that section 85(4) of the act applies cannot be countenanced. insofar as maintainability of the suit is concerned, this court does not find any force in the submission of learned counsel for the appellants .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(6)ALD327; 2007(5)ALT317; 2007(4)ARBLR219(AP)
..... legal notice makes no reference to the appointment of an arbitrator, let alone requesting the respondent to give his consent for such appointment.10. chapter iii of the act prescribes the composition of an arbitral tribunal. under section 10(1) parties are free to determine the number of arbitrators provided that such number ..... , the provision necessitates strict adherence and non-compliance thereof must result in dismissal of the application. learned counsel would place reliance on datar switchgears ltd. v. tata finance ltd. : (2000)8scc151 in this regard. learned counsel would rely on u.p. state sugar corporation ltd. v. jain construction co. : air2004sc4335 , and ..... invoked only on compliance of these pre-requisites, it cannot be dispensed with. strict adherence to the conditions prescribed in section 11(5) of the act is essential. as a general rule, statutes which enable persons to take legal proceedings under certain specified circumstances must be accurately obeyed. when a statute .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALT808
..... the trade name of 'sanchaita investments' in prize chits and money circulation scheme in violation of section 3 of the prize chits and money circulation schemes (banning) act, 1978.in para-66 of the judgment, it is held:whether an offence has been disclosed or riot must necessarily depend on the facts and circumstances of each particular ..... a registered partnership firm consisting of three partners with a share capital of rs. 7,000/-. in the year 1975 the said firm started its business in finance and investments. on a report given by the commercial tax officer concerned, fir was registered with the allegations that the firm had been offering 48% interest which ..... salient features thereof.analysis;16. a study group constituted by the reserve bank of india made an in-depth examination of the provisions of chapter-iii-b of the reserve bank of india act, 1934 and submitted its report with the recommendations that prize chits or money circulation scheme, by whatever name called, should be banned .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD801; 2007(5)ALT770
..... dated 16.5.1977 was executed promising to execute a regular deed later. at the instance of the people of siva parvathi, another agreement in her favour dated 1.1.1978 was executed with regard to ac.1-60 cents in d. no. 40/2a being the western plot and ac.0-81 cents being the eastern plot in d. ..... different from the preliminary decree already granted by the court of first instance in the facts and circumstances, in the light of section 6 of hindu succession act, 1956, as substituted by the amending act, act 39 of 2005?32. in the light of the foregoing reasons and for the said purpose this court is of the considered opinion that the matter ..... in force, as property capable of being disposed of by her by will or other testamentary disposition;(iv) nothing in this chapter shall apply to a daughter married before the date of the commencement of the hindu succession (tamil nadu amendment) act, 1989;(v) nothing in clause (ii) shall apply to a partition which had been effected before the date of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2007AP314; 2007(4)ALD414
..... without putting the caveator on notice, behind the back of the creditor the probate was obtained in o.p. no. 307 of 2004. the a.p. state finance corporation as third party petitioner thought it fit to get the said probate revoked. the learned counsel also would placed strong reliance on certain decisions to substantiate his submissions. ..... to contest the matter. incidentally, the learned counsel also would submit that though it is stated that during the pendency of these proceedings, the a.p. state finance corporation had sold away the property, which is said to have been knocked down in favour of one sri r. seshagiri rao, this fact was not brought to ..... these are being placed before this court to further substantiate the stand taken by the a.p. state finance corporation in the counter-affidavit. the facts in nutshell had already been narrated supra.6. section 263 of the act deals with revocation or annulment for just cause. the grant of probate or letters of administration may be revoked .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2007]139CompCas102(AP)
..... the powers of this court to entertain a revision, where it finds manifest illegality or miscarriage of justice.6. section 397 of the code of criminal procedure is part of chapter xxx of the code of criminal procedure, which deals with 'reference and revision'. section 397 lays down as under:397. calling for records to exercise powers of revision.--(1) ..... pat v. state [1972] crl. lj 543 jagir singh v. ranbir singh : 1979crilj318 , state of maharashtra v. jagmohan singh kuldip singh anand : 2004crilj4254 and c. kunnhamad v. c. abdul kader [1978] crl. lj 19 (ker).18. though the judgment of the apex court in state of maharashtra v. jagmohan singh kuldip singh anand : 2004crilj4254 , does not deal directly with the point ..... bilal nazki, j.1. the petitioners have been convicted of the offence punishable under section 220(3) of the companies act, 1956, in c.c. no. 251 of 2001, dated july 8, 2002, by the court of the special judge for economic offences, hyderabad. each of them was sentenced to pay .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD282
..... government nor can be exercised by the government. it is already noticed that the government had the power only under sections 62, 63, 64 and 66-a of chapter-viii of the act, which are only supervisory in nature, and necessary directions can be given only on the policy decisions of the wakf board. all other functions are carved out under ..... of the wakf properties. the jurisdiction of the government is carved out only to a narrow extent, which is provided under sections 62, 63, 64 and 66-a of chapter-viii of the act.134. section 62 of the act deals with the power of the central government to issue directions to the wakf board. section 63 of the ..... considered view, the power conferred upon the wakf board, under section 36-a of the act, and the powers conferred upon the government, under sections 62, 63, 64 and 66-a of chapter-viii of the act, are distinct. in other words, section 36-a of the act, is specifically meant for alienation of the wakf properties. by virtue of the language incorporated .....
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