Court : Andhra Pradesh
..... thereafter, ibfsl filed o.p.no.377 of 2013 against the petitioners in the court of ii additional chief judge, city civil court, hyderabad, under section 9 of the arbitration act, for the relief of injunction, to restrain the petitioners from alienating, encumbering, transferring or creating third party rights, vis--vis the properties that were offered as security and for a direction to the petitioners to jointly ..... also argued that the loan agreements provided for arbitration and by invoking the same, o.p.nos.377 and 378 of 2013 were filed, under section 9 of the arbitration act, and in that view of the matter, initiation of any other proceedings either by the original lender i.e.ibfsl or any successor thereof, are impermissible in law. ..... second contention of the petitioners is that the 4th respondent is a housing finance company, governed by the provisions of the national housing bank act, 1987 (for short 'the n.h.b act') and it cannot deviate from the procedure prescribed under that act. ..... due respect to the learned judges, we are of the view that it is no part of the duty of the constitutional courts to administer the finances, and we totally disagree with the view expressed by them, that the sarfaesi act is retroactive in nature. ..... was merged with its sister concern, m/s india bulls housing finance limited, the 4th respondent, on the basis of an order dated 12-12-2012 in company petition no.457 of 2012, passed by the delhi high court under the provisions of the companies act, 1956. .....
Tag this Judgment!Court : Andhra Pradesh
..... learned counsel for the petitioner, placed reliance on the judgments of the supreme court in haryana teleco.ltd.v.sterlite industries (india) ltd.1, booz allen & hamilton inc.v.sbi home finance ltd.and a learned single judge of this court in m/s integrated broadcasting company pvt.ltd.v.m/s.nettlinx ltd.3, in support of his submission that the present application is not maintainable ..... c.v.nagarjuna reddy company application no.1190 of 2013 in company petition no.180 of 2013 dated: 04.02.2014 the court made the following: order: this application is filed under section 8 of the arbitration and conciliation act, 1996 (for short 'the arbitration act') read with section 89 of the code of civil procedure, 1908, and rule 9 of the companies (court) rules, 1959, for reference of the disputes to arbitration. ..... before adverting to the above-mentioned judgments cited by the learned counsel for the parties, it is apposite to refer to the provisions of section 8 of the arbitration act, which read as under: ".power to refer parties to arbitration where there is an arbitration agreement - (1) a judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies ..... judge has referred to the judgment in haryana teleco.ltd (1 supra).but did not explain as to how an order allowing the application under section 8 of the arbitration act could be justified in the face of the dicta laid down by the supreme court in the said case. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... electricity is one of the services defined u/s sec.2(1)(o) of the c.p.act (o) "service" means service of any description which is made avail able to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, boar or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a ..... dissatisfied with the quantum of compensation the complainants preferred this appeal and mainly contented that multiplier system provided under second schedule of motor vehicles act is not adopted by the district forum in assessing the loss of earnings of the deceased and that awarding rs. ..... consequently the said shankar and his bull died on the spot due to electrocution and it so happened due to careless and negligent acts of the officials of the opposite parties 1 to 3 because they failed to maintain proper service. ..... consequently the said shankar and his bull died on the spot due to electrocution and it so happened due to careless and negligent acts of the officials of the opposite parties 1 to 3 because they failed to maintain proper service. ..... basing on the said second schedule under motor vehicles act. .....
Tag this Judgment!Court : Andhra Pradesh
..... of the facilities is attempted at and consequently, a policy decision has been taken to transfer the entire transport wing of the devasthanam in favour of the corporation, which is the creature of the road transport corporation act, and is also a state-owned organization, so that the professional efficiency of the services can be reasonably secured. ..... as well as sr.k.v.subba reddy, learned standing counsel for the corporation, sr.harinath gupta, learned standing counsel appearing on behalf of the 4th respondent devasthanam and learned government pleader for finance & planning, who advanced arguments on behalf of the 1st respondent. ..... on the other hand, the settlement arrived at in accordance with section 18 of the industrial disputes act, 1947, in so many words, made it explicitly clear that the revised scales of pay, as are rendered applicable to the employees of the devasthanam, shall not be applied henceforth to the absorbed employees of the ..... is engaging the attention in the instant case is that the state government had announced revised pay scales to its servants through the orders contained in g.o.ms.no.288, finance & planning (fin.wing prc.i) department, dated 17-11-1986. ..... , to secure industrial peace, a memorandum of settlement (for short 'mos') has been arrived at, in terms and in accordance with sub- section (1) of section 18 of the industrial disputes act, 1947, between the representatives of tirupati transport workers union and the corporation on 04- 08-1979. .....
Tag this Judgment!Court : Andhra Pradesh
..... revenue divisional officer-cum-land acquisition officer5 and held that in cases arising out of the land acquisition act where the amount of compensation, finally determined has not been paid, a person must first resort to the alternate efficacious remedy of taking out execution and when despite taking out execution proceedings, ..... first petitioner is the company incorporated under the provisions of the companies act, 1956 and second petitioner is the managing director of first petitioner company ..... the petitioners is against the decision of maharastra police applying the provisions of the act, 1999, while investigating into the crime no.89 of 2013. ..... business of investments, trading and financing. mr. ..... resident of mumbai is a director of m/s.vostok far east securities private limited, a company registered under the companies act, 1956, with registered office in mumbai. ..... p.naveen rao writ petition no.37056 of 2013 24-01-2014 metkore alloys & industries limited,(a public limited company incorporated under the provisions of the companies act, 1956),having its regd. ..... instituted praying for a declaration that the provisions of maharashtra protection of interest of depositors (in financial establishments) act, 1999, have no application to the proceedings initiated by the state of maharashtra in crime no.89 of 2013 and seeks to quash the first information report insofar as it implicates sections 3 and 4 of maharashtra protection of interest of depositors (in financial establishments) act, 1999. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... the appellants/opposite parties also filed written arguments contending that the complainant is not a consumer as defined under the consumer protection act and that there is an arbitration clause in the agreement and in view of it, the matter has been referred to an arbitrator and it is being adjudicated and therefore the consumer forum has no jurisdiction to entertain the complaint and ..... guarantor to settle the account but they did not turn up and also had sent noticed dated 17.9.2009 before taking repossession and on account of default in repayment the complainant himself handed over the financed vehicle to the opposite party and there after he did not turn up for settlement. ..... moreover, the plain language of section 3 of consumer protection act, 1986 makes it clear that the remedy available in that act is in addition to and not in derogation of the provisions of any other law for the time being in ..... cholamandalam finance volume i 2011, cpj 264 (nc) is not helpful for them to decide the said aspect in their ..... if he chooses to file a complaint in the first instance before the competent consumer forum, then he cannot be denied relief by invoking section 8 of the arbitration and conciliation act, 1996 act. ..... by the order of the district forum, the opposite parties preferred this appeal and mainly contended that the district forum has exceeded its jurisdiction under the consumer protection act, 1986 and also attempted to vitiate the proceedings u/s.138 of negotiable instruments act. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... the loi will be valid for one year from the date of issue and the promoter has to approach financing bank after obtaining loi from nhb and get his crop loan sanctioned by the bank. 9. ..... it is contended that the appellant bank has performed the required act and there was no deficiency in service on its part. 6. ..... the appellant bank is the financing bank and the respondent no.2 released a sum of rs.54,400/- through cheque dated 10.2.2009 to the appellant bank. ..... for resorting to such an act, the appellant is liable to pay an amount of rs.3,000/- to the first respondent and accordingly, the order of the district forum is liable to be modified. 32. ..... therefore, it is established beyond doubt that the cheque for a sum of rs.54,304/- the original of ex.b-9 was misplaced in the bank of op-1 and this is attributable to the sheer negligence of the employees of op-1 band and op-1 is vicariously liable for such acts of its employees.? . 23. ..... act. .....
Tag this Judgment!Court : Andhra Pradesh
..... by 1st respondent on 27-02-1996 in the said suit admitting the claim of 6th defendant and on the same day, a decree was passed in the said suit; that the counsel sri s.bhooma goud was clearly acting in collusion with the 6th respondent against the interests of the petitioners and possibly on account of this conduct, he did not inform about the dismissal of the suit to the petitioners. ..... sir john edge observed at page 84 thus : ".before concluding, their lordships must express their complete assent to the observations of the learned judges of the high court on the impropriety of a legal practitioner who has acted for one party in a dispute, such as there was in this case, acting for the other party in subsequent litigation between them relating to or arising out of that dispute. ..... the advocate-commissioner appointed by the trial court in i.a.no.610 of 1991 to take evidence of 1st petitioner (p.w.1) filed his report along with a memo on 27-01-1992 ..... , an application to set aside an ex parte decree dt.28-10-1991 filed by the defendant was dismissed for default on 17-02-1993 ..... holder of petitioner nos.2 and 3 and to petitioners in 1991 to 1995 relating to certain agreements of sale allegedly executed by petitioners in favour of 6th respondent in respect of an extent of 78 acres in sy.no.1007 of kukatpally village and therefore, the i.a.no.1828/1998 (ia.no.1405/2000) be ..... proceedings in the suit5 the 1st petitioner was examined as p.w.1 on commission on 04-09-1991 and again on 01-12-1991. .....
Tag this Judgment!Court : Andhra Pradesh
..... was correct in law in wrongly applying section 13(1)(bb) in the case of the appellant for assessment year 2001-02 despite the fact that section 13(1)(bb) was omitted with effect from 01st april 1984 by the finance act, 1983 and the objects of the appellant trust have already been approved to be charitable in nature?. ..... is not in excess of fifteen percent of the income from such property; (b) income derived from property held under trust in part only for such purposes, the trust having been created before the commencement of this act, to the extent to which such income is applied to such purposes in india; and where any such income is finally set apart for application to such purposes in india, to the extent to which the income so set ..... find that in order to get the benefit under sections 11 and 12 of the act, the conditions as mentioned in section 12(a) of the act have to be fulfilled, meaning thereby, the trust has to get a registration as required ..... of the case whether the tribunal was correct in law in perversely bolding that the investment made in immovable property was not for charitable purpose despite the provisions of section 11(5) of the income tax act, 1961 treating such investment as application for charitable purpose?. 2. ..... the commissioner of income tax (appeals) by which the commissioner dismissed the appeal filed by the appellant by confirming the order of the assessing officer not allowing exemption under section 11 of the income tax act, 1961 (for short, ".the act". .....
Tag this Judgment!Court : Andhra Pradesh
..... that the decisions cited before it had no application for the reason that notice under section 25-f of the industrial disputes act and compensation thereof had not been paid in lieu of notice to the petitioner and that the termination of the petitioner consequently ..... executive engineer, pwd10, where there was delay on the part of the workman in invoking sections 10 and 11-a of the industrial disputes act, it was observed that if the industrial court reaches the conclusion that the termination was illegal, it could suitably mould the relief to be granted to the workman and that in such a ..... the bank deemed that the employee had voluntarily retired from service, the supreme court held that the bank did not act in violation of principles of natural justice and that the term of employee has voluntarily retired from service is just ..... off the name of such an employee from the rolls would amount to retrenchment covered by section 25-f of the industrial disputes act, 1947 and that striking off the name leading to termination was bad.28. ..... relationship of the employer and employment between the petitioner and the second respondent cannot be set aside on the basis of section 25-f of the industrial disputes act, as the determination cannot be treated as a termination by way of retrenchment. ..... it was provided by section 4k of the act that where the state government was of the opinion that any industrial dispute existed or was apprehended, the state government might at any time refer the dispute .....
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