Court : Andhra Pradesh
..... of reasonability being that of the ".prudent man".. 10-b. the presumption that further applied among clauses (a) to (g) of section 118 of n.i. act also, like the presumption under section 139 of the act, as per section 4 of the evidence act, is a rebuttable presumption for which the burden is on the accused, however, to rebut the presumption if a case is ..... the person who signed the cheque on behalf of a.1 entity (finance company). he denied the suggestion of there is no legally enforceable debt and accused did not issue the cheque. in fact, this suggestion runs contra to the reply notice ex ..... examination of p.w.1 by accusedd.w.1 it is stated that the a.2 is the managing director of the company among its partners and it is a finance company and he made payments for every month of the chit instalments and obtained receipts discharged him and also passbook, that p.w.1 deposed that he does not know .....
Tag this Judgment!Court : Andhra Pradesh
..... so long as the property produced before the court is not alleged to have been used for commission of any offence, as is also required, incidentally by section 8 of the act, such property is liable to be delivered to the person entitled to possession thereof. therefore, the order passed by the learned judicial magistrate of firs.class, ..... is laid that this motor vehicle is used as a security for money, it could not have been ordered to be forfeited by the magistrate, under section 8 of the act. admittedly, the motorcycle and the four cell phone instruments are not attracted to the definition of instruments of gaming. hence, so long as the articles ..... department, the name of the owner of the vehicle is shown as sr.pendam narender, the petitioner herein. the vehicle is under hypothecation with sr.manikanta auto finance, munagala. the invoice raised by sr.krishna motors.miryalaguda, nalgonda district, authorized dealer of hero honda motor vehicles issued on 15.04.2014 also disclosed that the .....
Tag this Judgment!Court : Andhra Pradesh
..... as the marriage of the petitioner with his wife is subsisting. however, whether the 2nd respondent is entitled to maintenance and other reliefs sought for under section 12 of the d.v. act are matters to be considered in d.v.c.no.40 of 2012 and not in this petition.29. the learned counsel for the petitioner placed ..... , marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family. a plain reading of section 2(f) of the d.v. act shows that domestic relationship is a relationship between two persons who lived or have, at some time lived, inter alia, in a shared house when they ..... any other person on behalf of the aggrieved person may present an application to the magistrate seeking the reliefs envisaged under the d.v. act. proviso to section 12(1) of the d.v. act contemplates that before passing any order on the application from an aggrieved person or a protection officer or any other person, the magistrate shall take .....
Tag this Judgment!Court : Andhra Pradesh
..... the same. the 5th respondent seeks to blame the 6th respondent and the asst. executive engineer for dereliction of duty. it is further stated that section 28(5) of the act has no application since the tank in question is located at a distance of 10 kms. from the municipality and not in an urban area and ..... cut the trees in the tank. in para.8 of the counter, the 5th respondent alleges that the petitioner is liable to be prosecuted under section 382 of the a.p. municipalities act, 1965 for obstructing him from discharging his official functions and states action would be initiated without fail against the petitioner. in conclusion, he states ..... air and environment guaranteed to the residents of nandikotkur under article 21 of the constitution of india.17. the responsibility to maintain water works under section 134(2) of the a.p. municipalities act, 1965 is on the municipal council and unless there is a resolution of the municipal council, not only authorizing the cleaning of the malayala .....
Tag this Judgment!Court : Andhra Pradesh
..... appellant or had deposited the said compensation before an appropriate forum.8. in that view of the matter, in our considered opinion, sub-section (2) of section 24 of the 2013 act squarely applies to the appellants case and the appellant is entitled to relief sought for in their petition.22. in the instant case, ..... 30.09.2000, there is absolutely no evidence to show that the respondent-authorities took possession of the property in accordance with the provisions of section 16 of the act by holding panchanama. the record produced before this court also discloses that the respondent- authorities did not take possession of the property according to ..... deletion of their lands from the land acquisition proceedings initiated in the year 1994 for the same purpose in pursuance of the enquiry conducted under section 5-a of the act by upholding their objections, the respondent authorities are not legally justified in again issuing the impugned proceedings. iii) the respondent authorities failed grossly .....
Tag this Judgment!Court : Andhra Pradesh
..... authority has to refer the parties to arbitration, if a party to the arbitration agreement applies to it in the manner prescribed in section 8 of the act, 1996.13. section 8 of the act, 1996 authorizes the judicial authority before which an action is brought in a manner which is the subject of an arbitration agreement, ..... agreement or a duly certified copy thereof is being filed along with the application. therefore, there was a clear non-compliance of sub-section (2) of section 8 of 1996 act which is a mandatory provision and the dispute could not have been referred to arbitration. learned counsel for the respondent has submitted that a ..... the act reads : the application referred to, in sub-section (1) shall not be entertained unless it is accompanied by the original arbitration agreement or a duly certified copy thereof. the section appears to an adjective law which regulates the procedure to be followed in referring the matter to an arbitrator.15. (a) in itc classic finance ltd. .....
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..... 11681 of 2000, seeking to declare the land acquisition proceedings initiated vide draft notification and draft declaration dated 4.6.1975 and 25.5.1978 issued under sections 4(1) and 6 of the land acquisition act, 1894 as lapsed to the extent of the land, admeasuring ac.1.22 guntas situated in s.nos.572 (ac.0.07 ..... ?.9. the material available on record reveals that the state government pressed into service the provisions of land acquisition act, 1894 (hereinafter called the act) and issued a draft notification under sub- section (1) of section 4 of the act vide g.o.rt.no.68 health, housing and municipal administration department dated 4.6.1975 for the purpose of ..... is deemed to have been false, and therefore a misrepresentation, if it was at the material date false in substance and in fact. section 17 of the contract act defines fraud as act committed by a party to a contract with intent to deceive another. from dictionary meaning or even otherwise fraud arises out of deliberate active role .....
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..... but for the cap of rs.1,00,000/-, the amount of gratuity was much more. the appellant framed regulations in exercise of power under section 48 of the state financial corporation act, 1951. the said provision is to the effect that the appellant is conferred with the power to frame regulations on various aspects, subject to approval ..... the basis of the letter addressed by the secretary of the public enterprise department. when the service conditions of the respondent are governed by the regulations framed under the act, a general letter addressed by the public enterprises department cannot govern the situation. therefore, the writ petition is allowed and the order under appeal is set aside. ..... honble sr.justice l. narasimha reddy and honble sr.justice challa kodanda ram writ appeal no.1018 of201425-07-2014 andhra pradesh state finance corporation, rep., by its managing director, d.no.5-9-191, chiragali lane, hyderabad - 50001..appellant z.prabhakara rao respondent counsel for the appellant: sr.a .....
Tag this Judgment!Court : Andhra Pradesh
..... income tax versus apsrtc , the honble supreme court held that the corporation is entitled to the benefit under section 11 of the act. the parliament amended section 11 of the act through the finance act 1983 by inserting sub-section (4a).before insertion of the said provision, the exemption from tax in relation to income of a ..... charitable institution or trust was unqualified. through sub-section (4a) of section 11 of the act, two conditions are stipulated. the ..... charitable trusts and institutions, altogether. the proposal under the finance bill was to substitute sub-section (4) of section 11 of the act, which is to the following effect: (4) nothing contained in sub-section (1) or sub-section (2) or sub-section (3) or sub-section (3a) shall apply in relation to any income being profits .....
Tag this Judgment!Court : Andhra Pradesh
..... charges. the parliament provided for incentive to the exporters of various products. section 80hhc of the income tax act, 1961 (for short the act) was added through finance act, 1985 in this behalf. it provides for deduction in respect of profits retained for export business. sub-section (3) thereof is to the effect that the profits of a manufacturing ..... brokerage, commission, interest, rent mentioned in the clause do not form part of the total turnover of the business referred to in sub-section (3) of section 80hhc of the act, the conversion charges also do not form part of the turn over. he submits that the income tax officer, the appellate commissioner and ..... remaining part of the provision is omitted, since it is not necessary) the expression profits of the business employed in clause (a) of sub-section (3) of section 80hhc of the act becomes relevant. a semblance of definition thereof is provided under the clause, which reads: profits of the business means the profits of the business .....
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