Court : Andhra Pradesh
Reported in : 2008(2)ALD593; 2008(3)ALT227
..... by the director of settlements without waiting for the report of the collector was arbitrary and illegal. the said appeal was allowed by order dated 18-4-1994 and the matter was remanded to the director of settlements to refix the basic annual sum and the total compensation as per the order of this court in ..... 74.22 ps. had only taken into consideration the net miscellaneous revenue and completely ignored the annual ryotwari demand, the other constituent part under section 31 of the act. that apart, the director of settlements did not take the report of the district collector, ananthapur into consideration. in the circumstances, on appeal by the petitioners, ..... computation of compensation depending upon the actual receipt of income during the regime of the government is brought with tendencies of defeating the allied object of the act to pay compensation. the inaction or lethargy or lack of attention on the part of the government in marshalling the sources of income inevitably leads to nil .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(6)ALD663; 1998(6)ALT608
..... passed. such orders are treated as if they are decrees and liable to be appealed to the court to which an appeal lies against original decree.12. the entire chapter of order 21 only revolves on the decrees and decretal properties. in 1977 an amendment was brought only with an intention to see that there should not be any ..... order of approval in crp no. 193 of 1993 and they were upheld. thereafter the judgment debtors questioned the orders of this court in slp no. 1138 of 1994 before the supreme court and the same was also dismissed. consequent on the finality to the litigation 41 sale deeds were executed by the court in favour of the ..... language contained in rule 102. exclusion of such a transferee from raising further contentions is based on the salutary principle adumbrated in section 52 of the transfer of property act.when a decree-holder complains of resistance to the execution of a decree it is incumbent on the execution court to adjudicate upon it. but, while making adjudication, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2001]45CLA48(AP); [2002]112CompCas211(AP)
..... 'acquirer'. it means any person who agrees to acquire, directly or indirectly, shares or voting rights in the target company. regulation 2(e) defines 'person acting in concert'. chapter iii deals with substantial acquisition of shares or voting rights in and acquisition of control over a listed company more than 15 per cent. of shares. regulation 10 ..... and to substantiate the said allegation, he placed reliance on the following judgments :7. r.k. garg v. union of india : [1982]133itr239(sc) ;8. peerless general finance and investment co. ltd. v. reserve bank of india : 1991crilj1391 ;9. attorney-general for india v. amratlal prajivandas : 1995crilj426 .lastly, he contended that unless the petitioners are ..... made by the sebi, searches made by the income-tax authorities and suspension of trading rights of g. s. damani for a period of three months in 1994 were made. as desired by the sebi, the said disclosures also appeared in the public announcement made by respondent no. 3 on may 21, 2001. it .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD592
..... which received assent of the president on 17. 2.1995 and first gazetted on 20-2-1995 in the a.p. gazette and the act replaced the ordinance no. 19 of 1994 i.e., the andhra pradesh prohibition ordinance, 1994. chapter iii deals with prohibition and penalties. section 7 prohibits selling, buying and consumption of liquor otherwise than in accordance with the provisions of ..... the act. section 7-a thereof prohibits manufacture of liquor and section 8 is penal provision. section 9 prescribes punishment for being found in a state .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALT479
..... view of the matter, it cannot be said that the acquisition is for the purpose of the said company so as to violate the procedure contemplated in the chapter vii of the act. it is submitted, that one of the projects, i.e. financial district, is intended for the benefit of state of andhra pradesh, and the lands belonging ..... apiic with a foreign company does not mean that the acquisition is for the purpose of that company so as to follow the procedure as contemplated in chapter (sic. part) vii of the act, at the same time, it is also to be seen that the funds are flowing only from the government, and, not from the said foreign ..... of the act is illegal and has to be set aside. in support of his arguments, the learned counsel has placed reliance on the judgments of the supreme court in pratibha nema v. state of madhya pradesh : air2003sc3140 , s.s. darshan v. state of karnataka : air1996sc671 , and srinivasa co-operative house building society limited v. madam gurumurthy sastry : [1994]3scr848 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALD72; 2004(5)ALT808
..... disallowed the said relief, allowed the o.ps partly directing the revision petitioners-respondents in the o.ps to follow rule 3(i) and (ii) of chapter iii, of the memorandum and certain other consequential directions. aggrieved by the same, the revision petitioners had filed the present civil revision petitions under article 227 of ..... relating to the affairs of the society, any member of the society may proceed with the dispute under the provisions of the arbitration and conciliation act, 1996 (central act 26 of 1996) or may file an application in the district court concerned and the said court shall after necessary inquiry pass such order as ..... follows:'it must be-noted that the principal district court (in this case chief judge, city civil court) is exercising a jurisdiction conferred by a special act and it is not the ordinary jurisdiction under the provisions of the civil procedure code. the provisions of civil procedure code including order xxxix, rule i cannot be made ipso facto .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALT415
..... court under article 226 of the constitution of india, which power is held to be the basic structure/feature of the constitution.3. g.o.ms.no. 272, finance and planning (fw.ta) department was issued on 7-7-1993. in compliance of the directions issued by the tribunal and the high court the government issued orders in ..... this court in sakinala harinath (2 supra) rendered on 26-10-1993 and by reason of suspension of the said judgment by the apex court on 14-1-1994 this court should not ask the petitioner to avail the alternative remedy.9. mr. ramachandra rao would further contend that the apex court could not dictate by judicial ..... cannot be approached directly. it directs:the tribunals are competent to hear matters where the vires of statutory provisions are questioned. however, in discharging this duty, they cannot act as substitutes for the high courts and the supreme court which have, under our constitutional set up, been specifically entrusted with such an obligation. their function in this .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1992]75CompCas417(AP)
..... of the third respondent are prima facie only an afterthought. it is appropriate to examine the reason given in the minutes of the board meeting regarding the need for finance for capital investment while dealing with point no. (b). point (b). - exhibit zb-12, that is, the extract of the general ledger of the first ..... by the said illegal issue and allotment, the third respondent has converted his position from a minority shareholder to a major shareholder and has been perpetuating further acts by excluding the petitioners and the ninth respondent who, in fact, have a majority shareholding but for the alleged additional issue. it is also contended that ..... counsel for the ninth respondent has referred to two decisions where interlocutory relief was granted under section 403 pending the petitions under sections 397 and 398 of the companies act by appointment of an interim administrator or special officer to supersede the board. they are : s. narayanan v. century flour mills [1987] 2 comp lj 25 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(1)ALD138; 1999(6)ALT578
..... that the respondent workmen were employees who fell within the definition of workmen under section 2(s) of the industrial disputes act. the said decision was confirmed in wa nos.1196 of 1994 and 1997 of 1994 holding that the daily wages employees stand excluded from the purview of the conduct regulations and service regulations. the fact that ..... termination. we find no substance in the contention that the labour court exceeded the jurisdiction vested in it under section 33-c(2) of the industrial disputes act. the learned single judge has rightly upheld the order of the labour court.9. the counsel for the respondent further contended that neither the conduct regulations nor ..... period not exceeding three months'.'10. a perusal of the said section clearly discloses that the labour court acting under section 33-c(2) is competent to entertain and make an award or settlement under chapter v-a of the act. section 33-c(2) takes within its purview cases of workmen who claim that the benefit to which .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1981(43)FLR202]; (1981)IILLJ54AP
..... clear that a writ of mandamus would lie against the respondent-company to compel it to carry out directions of the parliamentary enactment contained in chapter v-b of the industrial disputes act. but because mandamus is a public law remedy, its use is governed by considerations which are peculiar and appropriate for the exercise of such ..... public law remedy. in this case there is no doubt that chapter v-b of the industrial disputes act imposes a public duty on the respondent-company not to retrench the petitioners except in accordance with the conditions laid down by the parliament. ..... citizens' life came to be governed not merely by what was hitherto regarded as law but more by administration. lord beeveridge made a difference not only to english public finance but even to english law, the english law has valiantly responded to this new situation. in answer to these new needs, lord parker, c.j. in r. .....
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