Court : Andhra Pradesh
Reported in : [2005(1)JCR344(AP)]
..... the state governments have, by notifications issued under the court fees act, reduced the court fee payable in respect of appeals against orders under section 47 ..... giridhar auto finance (p) limited, (supra), a learned single judge of this court took a totally different view and held that against the order passed under rule 58 (3), only an appeal under section 96, has to be filed ..... giridhar auto finance (p) limited, : 2003(2)ald370 , the lower appellate court returned the appeal as not maintainable ..... nellore finance corporation, : air1993ap297 (fb), held that the claim or objection made under rule 58 of order xxi, is almost a suit, justice p ..... if for any reason, the appeals against such orders are to be filed only under section 96, the court fee payable thereon shall be the one under article 11(i) of schedule ii of the ap court fees and suits valuation act, (for short the 'court fee act') read with section 48 of cpc.7. ..... section 38 of the court fee act, stipulates the court fee to be paid on suits to set aside the ..... under section 3 of the act, the tax is payable on the income of the previous ..... singh, : [1959]35itr408(sc) , section 18a of the income tax act, fell for consideration. ..... regards the court fee payable on appeals against such orders, learned senior counsel submits that section 38 of the court fee act is the relevant provision.10. ..... also stresses upon the significance of omission of section 47 from the definition of a decree though cpc (amendment) act, 1976 (act 1 of 1976). .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2005AP243; 2004(6)ALT739
..... on 'the interpretation of statutes', observes 'whenever the language of the legislature admits of two constructions and, if construed in one way, would lead to obvious injustice, the courts act upon the view that such a result could not have been intended, unless the intention to bring it about has been manifested in plain words.' 33. ..... apart from the definition of 'mortgage' under section 2(17) of the stamp act, this difference is discernible from the amount of stamp duty levied on transactions of sale, on the one hand, and ..... it is in this context, that the definition of mortgage under the stamp act becomes relevant under section 2(17), the mortgage deed is defined as under:'mortgage deed includes every instrument whereby, for the purpose of securing money advanced or to be advanced, by way of loan, or an existing or future debt, or the ..... out of an order passed in a civil miscellaneous appeal filed under section 47a of the indian stamp act, 1899, it has a background spread over about three decades.2. ..... while under the transfer of property act, a transaction of mortgage is limited to the one involving 'transfer of interest in a specific immovable property', the mortgage deed under the stamp act includes an instrument, which 'transfers or creates the right over or in respect ..... sundaram finance ..... bringing about a transaction of transfer of immovable properties of various kinds, the provisions of the transfer of property act, the registration act and the indian stamp act become relevant. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2006]146STC634(AP)
..... , gajuwaka, assessed the petitioner on the basis of the said receipts under section 5-e of the andhra pradesh general sales tax act, 1957 which provides for levy of tax on the amounts received in respect of transfer of right to use goods which is a deemed sale. ..... the bank lockers were held to be not assessable to tax under section 5-e of the apgst act on the ground that the lockers were not goods as they were not movable and they were immovable as they were imbedded. ..... state of andhra pradesh and 20th century finance corporation limited v. ..... in 20th century finance corpn. ..... section 5-e of the apgst act lays down:5-e. ..... before coming to these judgments, it will be profitable to reproduce section 5-e of the apgst act. ..... the learned counsel for the petitioner submits that this agreement makes it clear that the right of use was not transferred and right of use must be transferred in order to attract the section 5-e of the apgst act. ..... and operated by it, but he held that these features could not alter the transaction that the right to use goods was transferred to hsl, therefore the transaction was accessible to tax under section 5-e of the apgst act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2005)ACC205; 2006ACJ757; 2004(6)ALT385
..... in the words of lord macmillan (1942 ac 601 at 609), except where there is express statutory direction to the contrary, the damages to be awarded to a dependant of a deceased person under the fatal accidents act must take into account any pecuniary benefit accruing to that dependant in consequence of the death of the deceased. ..... taking into consideration and as per schedule-ii of motor vehicles act, as submitted by the learned counsel for the appellant, rs.5000/- awarded to the first injury and rest. ..... these words of lord wright were adopted as the principle applicable also under the indian act in go bald motor service ltd. ..... no doubt, motor vehicles act is a beneficial piece of legislation, but that does not entitle the judicial officers to determine the compensation so generously and disburse the same in utter derogation of the decided principles. ..... act cases, at least for some time.12. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : III(2005)BC42; 2005CriLJ190
..... the learned judge after recording findings ultimately found the accused guilty for the offence under section 4 of the act and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of rs.1,000/- in default to undergo rigorous imprisonment ..... in the absence of anything to indicate that the firm in question makes any investment in consultation with depositions, the acts of a firm indulging in high-risk investments and also advancing monies to political parties do not go to show hat the firm ..... swapan kumar guha's case (5 supra) the apex court while dealing with the object of the act, observed as under:'to be a money circulation scheme, a scheme must be for the making of quick or easy money on any event or contingency relative or applicable to the enrolment of the members ..... was filed against the appellant/accused for the offences under sections 4 and 5 (i) (ii) and (iii) of prize, chits and money circulation schemes (banning) act, 1978 (for short hereinafter referred to as the act for the purpose of convenience) in crime no.52 of 1997 on the file of adilabad i town police station. 2. ..... filed charge sheet stating that the accused started money circulation scheme in the name and style of indira finance enterprises by enrolling 1500 members and by collecting rs.200/- per month each, for a period of 51/2 years and issued maturity certificate dated 10-12-2001 and introduced lucky draw every month and gave prizes and thus violated the provisions of section 4 of the act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2005AP51; 2004(5)ALD776; 2004(6)ALT403; 2005(1)ARBLR63(AP)
..... following relief:(i) it is therefore prayed that the hon'ble court may be pleased to pass the judgment and decree for perpetual injunction be granted restraining the defendant, its agents, workers, servants and all acting through or under it from alienating or disposing of the suit vehicle to third parties;(ii) costs of the suit be granted;(iii) any other relief be granted to which plaintiff is legally entitle.3. ..... or in any way touching or concerning the same or as to constructions, meaning or effect hereof or as to the right and liabilities of the parties hereunder shall be settled by arbitration to be held in accordance with the provision of the arbitration and conciliation act, 1996 or any statutory amendments thereof and shall be referred to the sole arbitration of a sole arbitrator to be nominated by the lender. ..... dealer would deliver the goods to the customer who would then drop out of the transaction leaving the finance company to collect instalments directly from the customer. ..... event of death, refusal, neglect, inability or incapability of a person so appointed to act as an arbitrator, the lender may appoint a new arbitrator. ..... the result, the civil revision petition is allowed, setting aside the order dated 5.1.2004 passed in i.a. no. ..... civil revision petition is directed against the order dated 5-1-2004 passed in i.a. no. ..... learned junior civil judge, on considering the material on record and on hearing the counsel for parties, dismissed the application by an order dated 5.1.2004. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALD517; I(2007)BC438; [2005]128CompCas431(AP); [2005]58SCL249(AP)
..... bank initiated action under the provisions of securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (hereafter called 'the sarfaesi act') calling upon the first petitioner to pay the entire amount of loan within a period of sixty ..... considering all these circumstances, the recovery of debts due to banks and financial institutions act was enacted in 1993 but as the figures show it also did not bring ..... the second respondent-bank, however, issued an auction notice, dated 24.7.2004, proposing to sell the property mortgaged by the proprietor of hotel rajahamsa international as well as the property belongs to petitioner ..... discussion already held in this behalf, we find that the requirement of depot of 75% of the amount claimed before entertaining an appeal (petition) under section 17 of the act is an oppressive, onerous and arbitrary condition against all the canons of reasonableness. ..... bank filed two interlocutory applications being i.a.nos.229 and 233 of 2004 and obtained order of attachment of movable as well as immovable properties ..... sections 29 and 30 of the state financial corporations act, 1951 ('the act' for brevity) provided two different methods of recovery by the state ..... day global economy it may be difficult to stick to old and conventional methods of financing and recovery of dues. ..... of the first petitioner that the instalments were paid up to december 2003, but in may 2004, the second respondent-bank filed an application being o.a.no. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALD243; 2004(6)ALT454
..... the present application, it clearly shows that there is denial as to the agreement or sale deed held by the plaintiffs and also the question as to whether plaintiffs are entitled to benefit under section 202 of the indian contract act, which again calls for the factual appreciation on the aspect even on the finding given that the plaint does not show the date of death of the azizunnisa begum, it is to be noticed that the defendants have ..... he is also district survey officer both under hyderabad land revenue act as well andhra pradesh survey and boundaries act, 1923 and rules thereunder and pass quasi judicial order either on appeal or reference. ..... the collector is the statutory authority under the hyderabad land revenue act to enquiries and also to restore possession of attached land after the attachment ceases when the amount is ..... thereafter, with effect from 1-11-1956 under the states re-organisation act of 1956, part 'b' states were abolished and the telanagana part of erstwhile hyderabad state has become part of state of andhra pradesh and the existing laws ..... any averment as to the date of death of the late azizunnisa begum and no death certificate was also filed and therefore the plaintiffs are not entitled to the benefit under section 202 of the indian contract act or even under section 146 of the code of civil procedure. ..... and the tahsildar neither took action under section 57 or section 157 of the hyderabad land revenue act to evict the trespassers and to render accounts. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALD722
..... being supplied or adequately supplied with electricity;(b) to supply electricity as soon as practicable to a licensee or other person requiring such supply if the board is competent under this act so to do;(c) to exercise such control in relation to the generation, distribution and utilisation of electricity within the state as is provided for by or under this act;(d) to collect data on the demand for, and the use of, electricity and to formulate perspective plans in co-ordination with the generating company or generating companies, if any, ..... dealing with the nature of the revised conditions of supply it was held:we have already seen that section 49 of the supply act empowers the board to prescribe such terms and conditions as it thinks fit for supply of electricity to any person other than a ..... 45 of conditions of supply every consumer is deemed to have full knowledge of the provisions of the electricity act, electricity supply act and other rules and regulations, and the impugned levy was estimated in accordance with revised conditions of supply ..... section 59 of the electricity supply act in mandatory terms requires the electricity board to regulate and govern finance in such a manner that there will be at least 3% surplus ..... the court further observed that having regard to sections 49(2)(b), 59, 67a of the electricity supply act, the board has to follow particular method of accounting and it is on the basis of that method of accounting that the board is required to generate .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2005)BC471
..... cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed on offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both: provided that nothing contained in this section shall apply ..... wazir jaivir chand, : air1989sc630 the apex court had an occasion to consider section 27 of general clauses act, 1897, and clause (i) of section 11(1) read with proviso to section 12(b) of the j and k houses and shops rent control act (34 of 1966) which is similar to clause (b) of the proviso to section 138 of the act and observed as follows:'the proviso insists that before any amount of rent can be said to be in arrears, a notice has to be served through post. ..... ) 1 (ap), contends that since the notice was sent to the address known though the notice was returned unserved with an endorsement that the addressee was not found, in view of section 27 of general clauses act, 1897, it should be deemed that, the notice was duly served and so question of quashing the complaint does not arise.3. ..... sundaram's case (supra), in shashi finance corporation's case (supra) and in shakthi travel's case (supra) it is held that if the cover is returned with an endorsement as 'not found' or 'wrong address', etc. ..... , ii (2004) bc 172=2003(2) ald (crl). .....
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