Court : Andhra Pradesh
Reported in : 2006(3)ALD27; 2006(2)ALT13
..... judgment of this court in s.a.no.420 of 1988, dated 7-9-1994 the notification dated 30-10-1972 under which it was declared that the andhra pradesh civil courts act, 1972 is not applicable in agency areas was not brought to the notice of the division bench of this court in ashifaquddin's case (2 supra). ..... the impugned order of the 3rd respondent is in gross violation of the regulation framed by the corporation in seeking to finance the tribals in the scheduled areas and in furtherance of the same, the petitioner-corporation transferred the assets of the sick ..... it is the case of the petitioner that the state finance corporation is a statutory body incorporated under the state financial corporations act, 1951 with the main object of extending financial assistance to the ..... under the said section 1(3), the government issued a notification dated 30-10-1972 bringing into force the provisions of the act with effect from 1-11-1972 in the whole of the state of andhra pradesh except in the scheduled areas ..... therefore 'rightly in s.a.no.420 of 1988 it was held that view of the notification dated 30-10-1972 under which the act was not brought into force in the scheduled areas, the civil courts have no territorial jurisdiction to try the suits in relation to the matters, which arose in scheduled ..... no.22 of 2004 seeking to transfer the said suit from the file of the learned agent to government at khammam to the file of the learned district judge, khammam, wherein it was impliedly ..... 9 of 2004 in the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD705; 2006(2)ALT115
..... provision dealing with enquiries contemplates enquiry to decide the question as to whether a person is a founder of the institution or not, whereas the explanation i to section 17(1) of the act employs the phrase 'a person who has founded the institution and recognized as such by the competent authority' to be given preference in the appointment as a member of board of trustees. ..... the learned assistant government pleader for endowments department and the learned counsel for contesting respondents, however, do not seriously dispute that by reason of amendment by act 27 of 2002, under section 87(1)(h), it is the deputy commissioner, who is competent to enquire into the disputes regarding the recognition of the member of the founder ..... the power conferred by the deputy commissioner to conduct enquiry duly following the provisions of cpc and evidence act is essentially the power to adjudicate the rights of the person or a group of persons in relation to or in connection with a charitable or religious institution ..... the authority to appoint non-hereditary board of trustees in respect of three categories of temples as enumerated in section 6 of the act being different, the question arose whether the assistant commissioner can declare a person as member of founder's family even in respect of the temples to whom board of trustees has to be appointed either by the government or the ..... ghulam ghouse, : 2004(164)elt141(sc) , the special director, enforcement directorate issued a notice to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALT41
..... salt nathmal manik chand : air1996ap149 and came to the conclusion that in the light of the rigor imposed by section 7 of the act and also in the light of the oral evidence available on record, the adjustment may have to be believed and hence, taking the conduct of the parties into consideration, the ground of wilful default was ..... the learned counsel also would comment that even otherwise the view expressed in relation to the applicability of section 7 of the act also cannot be sustained since the amount is said to have been paid under a promissory note and hence, the question of the landlady having advance amount with her would not arise at ..... the learned counsel also explained in detail the applicability of section 7 of the act, in the facts and circumstances of the case and had pointed out the relevant findings in relation ..... in the light of the language employed in section 7 of the act, it is doubtful whether all such monetary transactions like covered by promissory note ..... the appellate authority relied upon section 7 of the act and also the decisions in modern hotel, gudur v. ..... (lease, rent and eviction) control act, 1960 (hereinafter, in short, referred to as 'the act' for the purpose of convenience) ..... this aspect of the matter, the findings recorded by the appellate authority are not happily worded especially in the light of the applicability or otherwise of the section 7 of the act in relation to a promissory note, in the light of the language employed in section 7(1) of the act.7. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(3)ALD494
..... t-610313 and 610228 the name of the third defendant mentioned along with his name in margadarsi finance also name of third defendant is mentioned. ..... sub-section (3) of section 373 of the indian succession act specifies that if the judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in a summary proceeding, he may nevertheless grant a certificate to the ..... tajammul hussain under section 372 of the indian succession act 1925 praying for grant of succession certificate. ..... section 381 of the indian succession act deals with the effect of certificate, which reads thus:effect of certificate :subject to the provisions of this part, the certificate of the district judge shall, with respect of the debts and securities specified therein, by conclusives as ..... it was neither intended by the deceased to create a gift in favour of defendants nor was it acted upon at any point of time. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD468; 2006(2)ALT18
..... the proper collection of income and for incurring of expenditure;(iii) sue or be sued by the name of the institution or endowment in all legal proceedings:provided that any legal proceeding pending immediately before the commencement of this act, by or against an institution or endowment in which any person other than an executive officer is suing or being sued shall not be affected; (iv) deposit all moneys received by the institution or endowment in such bank or treasury as may be prescribed and be ..... resorting thereto and to direct that the expenses of executing such work or the doing of such act shall be paid from the funds of the institution or endowment:provided that the executive officer shall report forthwith to the trustee any action taken by him under this sub-clause and the reasons therefore ..... :provided that such deposit may be made in the treasury if the rate of interest offered by it is higher than that of any bank; (v) have power in cases of emergency, to direct the execution of any work or the doing of any act which is provided for in the budget for the year or the immediate execution or the doing of which is in his opinion, necessary for the preservation of properties of the institution or endowment or for the service or safety of the pilgrims ..... chapter viii relates to finance. ..... endowments department : 2004(2)ald532 ).22. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALT691; 2006(2)ARBLR130(AP)
..... face of the award, neither the high court nor the supreme court can interfere with the award and further the question of liquidated damages was to exclude the provisions of section 73 of the indian contract act was one of the points for consideration and it was held that it was a matter of appreciation of facts in a case, and where the arbitrators dismissed the claim for liquidated damages and found ..... remembered that the apex court discussed and decided the question of limitation in a case where a petition was filed before the civil court seeking appointment of arbitrator under section 20 of the old act and the question that was decided was regarding limitation for filing the application under section 20 of the old act before the civil court, but not the question whether the very claim raised was barred by limitation.49 ..... . in the result, it is held that:(a)(1) the court can set aside the arbitral award under section 34 of the act if the party making the application furnishes proof that:(i) a party was under some incapacity, or(ii) the arbitration agreement is not valid under the law to which the parties have subjected it ..... .(4) for computing the period of limitation for the said purpose is governed by article 137 of the limitation act and the period of limitation is three years; and(5) the period of limitation is for three years commencing from the date of making or asserting the claim and consequent repudiation ..... for the claimant relied on the decision of the apex court in sundaram finance ltd. v .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALD180; 2006(2)ALT225
..... the complaint now made is that the fourth respondent, who is the executive authority of the gram panchayat bound by the decisions/resolutions of the gram panchayat, acted contrary to the resolution by not implementing it by instigating re-erection of the shops which were removed by the gram panchayat enabling it to raise new constructions. ..... the powers of the gram panchayat also include the power to take all necessary steps to augment the finances of the gram panchayat to meet various expenses in discharge of its functions.5. ..... in view of the submissions made by the learned counsel for contesting respondents, the writ petition is disposed of directing the fourth respondent to take all necessary steps implementing the resolution of the gram panchayat dated 7.5.2004 in letter and spirit without any let or hindrance as he is duty bound in law. ..... the gram panchayat is ordained to discharge various duties as listed in section 45 of the act, and section 46 of the act confers power on the gram panchayat to achieve the purposes for which it is constituted. ..... so as to augment the panchayat funds, the gram panchayat passed a resolution on 7.5.2004 to remove the existing shopping complex and construct a new shopping complex with 37 shops. ..... this court has strong reason to hold that the panchayat secretary is bound to implement all the decisions and resolutions of the gram panchayat and he is in no way act as a watchdog at the behest of the district collector/divisional panchayat officer. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD281
..... however, it is pleaded by the 2nd respondent that whereas the petitioner-society, which is admittedly registered under the 1995 act, consists of voluntary self-financing autonomous bodies formed with the members of all castes, including forward castes, the fishermen co-operative societies are registered only with the members of weaker sections by conducting fishing skill tests. ..... in the said decision, the division bench, while dealing with an identical question, held that the society registered under the 1995 act is also at liberty to participate in the public auction and that the rights of the 6th respondent therein, cannot be interfered with in any manner.12. ..... -assistant director of fisheries, guntur, in refusing to consider the case of the petitioner for grant of fishing lease in respect of the said tank on the ground that the petitioner-society, which was registered under the 1995 act, is not entitled to the rights and privileges that are available to the societies registered under the a.p. ..... no other statutory provision, which would disentitle the societies registered under the 1995 act to obtain the lease of fishery rights has been placed before this court by the learned government pleader. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALD210; 2006(3)ALT16
..... according to the learned counsel, the petitioners are not eligible to hold similar posts in the other divisions namely, administration, agricultural engineering, finance and accounts divisions since they do not possess the required qualifications, and that abolition of the posts of senior marketing officers, to which the petitioners were recruited, was due to closure of the agro ..... the court would be the least competent in the face of scanty material to decide whether the government acted honestly in creating a post or refusing to create a post or its decision suffers from mala fide, legal or factual....52. ..... at present the corporation has four wings (a) agricultural engineering wing (b) finance and accounts wing (c) personnel and administration wing and (d) secretarial section. ..... concern of the court in such matters is to ensure the rule of law and to see that the executive acts fairly and gives a fair deal to its employees consistent with the requirements of articles hand 16....55. ..... when persons seek and get employment with such a company registered under the companies act, it must be presumed that they accept the right of the directors and the shareholders to conduct the affairs of the company in accordance ..... state agro industries development corporation limited hyderabad, : 2004(4)ald181 , to contend that the principle, of operating roster backwards, must be extended to the petitioners and that they should be given the benefit of being continued ..... 0065/2004 : (2004)iillj581ap .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALD172; 2006(1)ALT336
..... student complains of ragging to the head of the educational institution, such head shall enquire into the same forthwith and if the complaint is found true, shall take serious action against such doer of the act in view of the fact that no educational institution is taking serious view on the ragging till it becomes very serious in nature(h) the head of the institution shall constitute anti-ragging squads involving teachers and students ..... with rudeness any other student, indulging in rowdy or undisciplined activities which causes or is likely to cause annoyance, hardship or psychological harm or to raise fear or apprehension thereof in a fresher or a junior student or asking the students to do any act or perform something which such student will not do in the ordinary course and which has the effect of causing or generating a sense of shame or embarrassment so as to adversely affect the physique or psyche of a fresher or a junior student. ..... other in a healthy atmosphere and develop a friendly relationship so as to behave like members of a family in an institution;(m) to stop the ragging awareness should be brought amongst the students, teachers and parents that ragging is a reprehensible act which does no good to any one and by simultaneously generating an atmosphere of discipline by a clear message that ..... the state government or the educational institutions, are complying with the provisions of the act, rules or the guidelines or not, for the reason that very often the media .....
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