Court : Andhra Pradesh
..... granted to the contractor to the debarment of others from articulation in the said area, as a particular right or favour by law contrary to the general law, or else it is not a privilege much less an exclusive privilege granted under the act; the state cannot claim a right over such an area/locality for granting further licences until the existing contract is terminated or expires by efflux of time; grant of exclusive privilege for an area creates a binding contract and ..... licence fee, in that excise year such licensees are liable to pay privilege fee; the petitioners.contention that they would be put to loss if licences are issued to prospective applicants is not tenable; under section 3 of the act and rule 11 of the rules, the district collector is the selection authority to conduct the process of selection of applicants for grant of licences, which includes the power to issue a notification duly inviting applications for grant of ..... , though there may not be a proportionate increase in sales; and, in such circumstances, it cannot be said that the gazette notification issued by the respective district collectors are illegal, arbitrary and contrary to the provisions of the a.p.excise act; and, in similar circumstances, this court had, by its order in w.p.no.22095 of 2013 dated 25.09.2013, held that relocation of an a-4 shop, at a place where the turnover is 14 times, cannot be said to be arbitrary or in violation of article 14 of the constitution ..... auto & general finance (p) ltd. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... according to the complainant the opposite parties builder did not provide any car parking to him and under the provisions of the andhra pradesh apartments (promotion of construction and ownership) act, 1987 car parking it is necessary for the builder to provide car parking. 13. ..... in view of the above provisions of the said act, the opposite parties cannot contend that car parking slot in absence of any agreement thereof cannot be sought for by the complainant as a matter of right. ..... apartments (promotion of construction and ownership) act reads as under: (d) common areas and facilities? ..... apartments (promotion of construction and ownership) act provides for commons area which includes car parking slot. ..... apartments (promotion of construction of ownership) act the builder has no right to alienate the parking area to any person by selling the same for a sum of rs.30,000/- and it is only a common area of all the flat owners. 7. ..... apartments and buildings act reads as under: 24 prohibition of selling, leasing and misuse of common areas and facilities:- the promoters or the owners of apartments shall not sell or lease out or misuse any common areas and facilities?. 15. .....
Tag this Judgment!Court : Andhra Pradesh
..... view that if the debtor/borrower/mortgagor himself/herself/itself has not been given any right of participation in the sale except in the manner provided in section 17 of the act, the question of our interpreting the provisions in a manner vesting such right in the official liquidator who is but a successor-in-interest of the debtor/borrower/ mortgagor and also representing ..... the issue of jurisdiction of the company court vis--vis the sale and recovery made under the rdb act and specifically considered and answered the question holding that appropriate forum for the official liquidator to agitate his grievance ..... the ratio of the decision of the supreme court in allahabad bank's case (2 supra) and contended that the sale having been conducted under the sarfaesi act without intervention of the court, the only remedy available to the official liquidator is to approach the drt under section 17 of the sarfaesi ..... the pendency of the winding up proceedings is wholly unauthorized and contrary to the mandate of section 456 read with section 536 of the companies act, as the said secured creditor had not obtained any leave of the company court to stay outside the winding up proceedings. ..... and that sbi along with other secured creditors exercised their rights under the securitization and reconstruction of financial assets and enforcement of security interest act (sarfaesi act) and took physical possession of the entire asset of the company in liquidation and deployed their security to protect it. .....
Tag this Judgment!Court : Andhra Pradesh
..... appeal on the following suggested question of law: whether the learned tribunal is correct in law in holding that financial difficulty is not a primary criteria for deciding the issue of undue hardship as mentioned 35f of the central excise act, 1944, which has been adopted by the appropriate finance act the learned counsel for the respondent revenue is present and takes notice. ..... in any appeal under this chapter, the decision or order appealed against relates to any duty demanded in respect of goods which are not under the control of central excise authorities or any penalty levied under this act, the person desirous of appealing against such decision or order shall, pending the appeal, deposit with the adjudicating authority the duty demanded or the penalty levied. ..... payable under rule 57cc of central excise rules, 1944; (iv) amount payable under rule 6 of cenvat credit rules, 2001 or cenvat credit rules, 2002 or cenvat credit rules, 2004; (v) interest payable under the provisions of this act or the rules made thereunder.". ..... section 35f of the act, which is relevant, is therefore set out for complete understanding. .....
Tag this Judgment!Court : Andhra Pradesh
..... this aspect was considered in the said order and division bench of this court while considering the memo of understanding with mfsl company which undertook entire responsibility of repayment of deposits of nagarjuna finance limited depositors wherein it is observed that the new management has filed affidavit in different proceedings at different level except the change of management and payment of certain amount to a tune of rs.34 crores ..... filed company petition no.162 of 2004 against the company represented by its managing director 6th respondent (a.9 and petitioner in crl.m.p.no.1000 of 2005), to sentence him under section 58a(10) of company act for violation and disobedience of the orders of the company law board and a division bench of this court through a common order dated 13-3-2010 has dealt with that relief and held the promoters and ..... a single judge of this court passed an order holding that the promoter director of the company and director of the company are liable for punishment under contempt of courts act and the promoter director and other director preferred contempt appeal no.3 to 11 of 2007 and a division bench of this court by its order dated 22-8-2008 after considering the fact that the ..... points1to3 according to the revision petitioners, nagarjuna finance limited was incorporated under the provisions of companies act and invited deposits from the public offering higher rate of interest under fixed deposit scheme such as cumulative, non-cumulative and money .....
Tag this Judgment!Court : Andhra Pradesh
..... the petitioner being eligible under the kversus made a declaration on 29.12.1998 under sections 88/89 of the finance act in form 1(a) to the firs.respondent who is the designated authority under the k.v.s.s.the declaration made by the petitioner was to settle the tax dues in respect of the pending gift tax appeal. ..... indicating that since there was no valid appeal filed by the petitioner before the appropriate appellate authority, the petitioner was not entitled to make a declaration under the k.v.s.s.and the declaration under section 89 of the finance (no.2) act, 1998 is never deemed to have been made. ..... the finance (no.2) act, 1998 introduced a scheme called kar vivad samadhan scheme, 1998. ..... broadly, the scheme makes an offer by the government for settling tax arrears locked in litigation subject to the provisions contained in chapter iv of the finance act. ..... the petitioner filed the appeal within the time limit of 30 days prescribed under the gift tax act. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... premium is pressed into service and the learned counsel for the appellant insurance company has contended that the district forum failed to consider the plea of the appellant insurance company as to impleadment of m/s easy finance services limited, greater mumbai which insured members in bulk, and paid premium on their behalf as also non-payment of premium pertaining to the respondents son and he contended that the order of the district ..... the appeal to avoid payment of the amount due in terms of the insurance policy and that having issued insurance policy without any demur as to non-receipt of premium from m/s easy finance services limited pertaining to the son of the respondent, it does not lie in the mouth of the appellant insurance company to say that it had not received premium pertaining to the respondents son 16. ..... any evidence as to non-receipt of premium from m/s easy finance services pertaining the respondents son, the inescapable conclusion in the backdrop of insurance policy issued in favour of the respondents son and policy certificate issued in favour of m/s easy finance services, would be that there had been sufficient compliance of provisions of section 64vb of insurance act by m/s easy finance services limited and the son of the respondent. ..... the moment the appellant insurance company admits receipt of premium from various members of m/s easy finance services in the shape of cheque, onus of proof shifts on it as to prove non-payment of premium pertaining to the son .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... (2) where a non-banking financial company has failed to repay any deposit or part thereof in accordance with the terms and conditions of such deposit, the company law board constituted under section 10-e of the companies act, 1956 (1 of 1956) may, if it is satisfied, either on its own motion or on an application of the depositor, that it is necessary so to do to safeguard the interests of the company, the depositors or in the public interest, direct, by order, the non-banking financial company ..... the said question has been discussed in the above decision as follows: the next aspect of the matter is whether the provisions of the companies act and the rbi act impliedly ousts the jurisdiction of the consumer forums when the clb is seized of the matter or passed an order at the instance of some of the depositors of ..... as observed by the national commission in the aforementioned order, that in terms of section 5 of the andhra pradesh apartments (promotion of construction and ownership) act, 1987, the bank was under an obligation not to release more than 20% of the sale consideration amount as advance to the developer before commencement of the ..... the provisions of sec.45-q, 45-qa of the rbi act and sec.58-a(9) of the companies act, do not either expressly or impliedly bar the jurisdiction of the forums constituted under the consumer protection act, from entertaining a consumer dispute case at the instance of the depositor claiming repayment of the deposit from a non-banking finance company. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... whereas it is the contention of the opposite party that the complainant is not a consumer as defined in sec.2(1)(d) of the consumer protection act, 1986 and there is no consumer dispute between the complainant and the opposite party since the subsidy from the opposite party under its back ended capital investment scheme is a grant from the government of ..... the opposite party contended that the complainant is not a consumer as defined in sec.2(1)(d) of the consumer protection act, 1986 and there is no consumer dispute between the complainant and the opposite party since the subsidy from the opposite party under its back ended capital investment scheme is a grant from the government of ..... four open wells, one bore well and raised mango plantation as per project work but the opposite party unilaterally intimated him that the project area available for implementation with the bank finance is less than ac.10-00 and as such, he is not eligible for grant of loi. ..... 15-2-2011 stating that the complainant made necessary plantations without bank loan and thereby rejected his application as not eligible and also that the project area available for implementation with the bank finance is less than ac.10-00. ..... opposite party seeking service and even assuming that he paid application fee, it does not amount to consideration and therefore the complainant does not fall within the definition of consumer as defined under consumer protection act, 1986. .....
Tag this Judgment!Court : Andhra Pradesh
..... only subsequent to the accident it was held as violation of the terms of the policy by referring to kusum rai (supra) followed in ishwar chandra (supra) observed that in view of the section 15(1) of the act even the license after period of expiry remains valid for thirty days to renew meantime any renewal subsequently would be renewed from the date of renewal only to say as on the date of accident even be subsequent renewal ..... the driver is not duly licenced in driving the crime vehicle when met with accident, third party has a statutory right under section 149 read with 168 of the act to recover compensation from insurer and it was for the insurer to proceed against the insured for recovery of amount paid to third party in case there was any fundamental breach of condition of ..... the interference against the respondent no.1 owner-cum-rider on the bike that, had he possessed license he could have rather kept quite, but for no license under section 3 of the evidence act as an ordinary prudent man is supposed to respond and from that proof of the insurer in discharge of the burden, the burden shifts on the claimants or the owner to rebut said ..... for attachment of the crime vehicle or other property of the insured as an assurance for execution and recovery in the same proceedings or under revenue recovery as per the motor vehicle act, 1988 and also ask the tribunal not to disburse the deposited amount to claimants (but for to invest in a bank) till such attachment order is made. .....
Tag this Judgment!