Court : Andhra Pradesh
Reported in : 2001(4)ALT520
..... there is no increase in the rental value of the building from july, 1989 nor any increase in the rental values in the locality; the provisions of the hyderabad municipal corporation act as made applicable to the city of visakhapatnam by virtue of act 9 of 1979 dealing with the method and manner of assessment of the plaintiff's property have not been complied with either in effect or in substance in revising the tax and no ..... finalised in the same financial year in which it is proposed to be made.7. the plaintiff got issued a legal notice dated 6-12-1990 under section 685 of the hyderabad municipal corporation act calling upon the defendant to cancel the enhancement of tax and confirm the tax at the old rate, and the said notice was received by the defendant on 13-12-1990but no reply has ..... therefore, the enhancement is also illegal; no public notice was issued regarding the preparation of the ward assessment books and even playcards were not displayed under the act; the person whose facsimile signature appears on the special notice is not competent to make the assessment nor issue the special notice; and the assessment has not ..... therefore, the assessment of tax is vitiated by non-application of his independent mind; that after formation of the visakhapatnam municipal corporation, the provisions of the hyderabad municipal corporation act have not been followed, and the rate of tax has not been fixed by any of the resolutions of the standing committee, and the rate adopted under the a.p .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(6)ALT134
..... in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract,and the transferee has performed or is willing to perform his part of the contract,then, notwithstanding that the contract, though required to be registered, has not been registered, or, where ..... accept the same because he cannot evict the tenant even after the expiration of the lease period as his right to remain in possession is created by virture of the rent act.....the expression 'agreement to the contrary' used in section 116 is referable to the terms of the tenancy created by the tenant holding over but not to the terms of the original lease. ..... d.s.gowda, : (1994)5scc213 while affirming the decision rendered by the high court of karnataka in the case of karnam ranga rao (17 cite supra), held as follows:'banking regulation act, 1949 - sections 21 and 35- circulars/directions issued by reserve bank under, regarding interest with periodical rests chargeable by banks from borrowers - held, based on rational policy - ..... certain is that a person continuing in possession of the accommodation even after the termination of his contractual tenancy is a tenant within the meaning of the madhya pradesh accommodation control act, 1961 and on such termination his possession does not become wrongful, until and unless a decree for eviction is made. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(5)ALT639; 2008CriLJ402
..... the court went into examining the various provisions of the code of criminal procedure which was termed by the bench as the hand book for the police to act and arrest any person, investigate the crime and book criminals and then it noted,proceeding on the assumption that the officers who decided to lie in wait ..... course, what they did had a justification or not and, although falling within the definition of an offence, the act by them is excusable or not are matters which shall be dealt with but only when the truth or otherwise ..... of sub-inspector with powers to use such force as may be necessary to disperse any unlawful assembly and section 132 specifically protects the police officers acting under section 129 - 131 of the code from being prosecuted in any criminal court and all acts done by such police officers would not be deemed to have amounted to the commission of an offence. ..... indian penal code has defined 'culpable homicide' as follows:whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.it is difficult even to imagine that police officers who ..... to the in charge of the police station that in an encounter a person got killed while police officer was acting in self-defence, it amounts to giving an information of a cognizable offence having been committed because life is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(4)ALD241; 2002(6)ALT130; [2002(94)FLR1195]
..... the legislative background can be traced from madras hindu religious and endowments act, 1925 (act 1 of 1925), which was only a short-lived legislation, replaced by madras act 2 of 1927, which in fact had undergone several amendments and ultimately the madras hindu religious and charitable endowments act, 1951 was enacted and on formation of the state of andhra and thereafter, the 1951 act was in force in andhra area of the state and subsequent thereto ..... the state of andhra pradesh was formed and the aforesaid madras act was in force in andhra area and andhra pradesh telangana area 1349-fasli was ..... charitable and hindu religious institutions and endowments act, 1987, in short hereinafter called as 'act 30 of 1987' for the purpose of convenience, and also the relevant ..... from the scheme and the object of the act and also the different provisions governing the tirumala tirupati devasthanams, it is clear that the predominant activity of the tirumala tirupati devasthanams is the religious ..... of the importance of the tirumala tirupati devasthanams, a separate legislation- tirumala tirupati devasthanams act, 1977, was enacted which came into force on 18-5-1979 and subsequent thereto act 30 of 1987 came into force on 28-5-1987. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(5)ALD51; 2000(4)ALT541; 2000CriLJ4058
..... periods longer than the maximum term for which they could have been sentenced if convicted; (2) all the ut prisoners, who have been in remand for offences other than the offences under the various acts mentioned in clause (1) above, including the offences under ipc, shall be released (discharged or acquitted) forthwith if they have been in jail for periods longer than the maximum term for which they could ..... reddy, submits that the concerned magistrates may consider those of the ut prisoners who are remanded under the various acts other than indian penal code for release on bail or discharge. ..... for enforcement of fundamental rights, and that the said remedy in public law jurisdiction is without prejudice to any other action like civil suit for damages with respect to same matter for the tortious act committed by the functionaries of the state. ..... this case, raj deo sharma prayed quashing an fir under section 5(1)(c) and 5(2) of prevention of corruption act, 1947 on the ground of long delay. ..... to direct release of ut prisoners who are detained for more than one year facing charges of offences punishable with death/imprisonment for life of twenty years under the narcotics drugs act on bail on execution of personal bond. ..... the human rights act by clause (i) of section 2 defines the international covenants as meaning the international covenant on civil and political rights and international covenant on economic, social and cultural rights adopted by the general assembly of the united nations .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP448; 2003(5)ALD241; 2003(5)ALT265
..... as section 50 of 1950 act does not apply to the transaction as document in favour of ramdas (first plaintiff) is subsequent to 21.4.1961, on advice, first plaintiff filed a petition under sections 47 and 48 of the ..... 1950 act, whereupon a notice inviting, objections was published in the village, but no objections were received either during or after the enquiry, and as there are no dues ..... that file was transferred to tahsil west, consequent to the delegation of powers under sections 47 and 48 of the 1950 act to the tahsildar, urban, and that that file was closed in 1962 without passing any orders, and when ramdas (first plaintiff) again filed petition in 1966, he was directed to apply under section 50-b of 1950 act, and when he filed such petition, though notice was issued to the alienor shafiuddin (pw.1) he did not appear, and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALT18
..... this civil miscellaneous appeal is filed under section 384 of the indian succession act, 1925 ('the act' for brevity) against the judgment and decree dated 06.03.2003 passed by the learned i additional district judge, ongole in o.p. ..... shall be treated as the one filed under section 370 of the indian succession act, 1925 and the same shall stand ordered only in relation to the service benefits and other securities and debts referred to in the will;b) the findings recorded by the trial court as to the genuinty and validity ..... while adjudicating the claims, in an application filed under section 370 of the act for grant of succession certificate, the trial court can certainly take into account the contents of a will, if it is ..... it mainly deals with the applicability of the provisions set out in schedule iii of the act, to a will or codicil that may be made by any hindu, buddhist, sikh ..... in this connection, it needs to be seen that section 270 of the act empowers the district judge, under seal of his court, to grant probate of a will or letters of administration in favour of a person, on being satisfied that the testator had a fixed place of abode, or any properties covered by the ..... 'a plain reading of sections 213(2) and 57 of the act would make it clear that whatever prohibition contained in sub-section (1) of section 213 has no application in respect of wills executed by hindus within the state of andhra pradesh in respect of immovable properties situated within the territorial .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(4)ALD508
..... plaintiff against the dismissal of his earlier suit by the lower appellate court, the high court definitely held that the defendant's tenancy was one from month to month under section 106 tp act, and the only question left open was whether payment to the receiver amounted to payment to the plaintiff himself. ..... lease is a prerequisite to invoke the rule of construction embodied in section 106 of transfer of property act.section 107 prescribes the procedure for execution of a lease between the parties. ..... it is not disputed that the contract to the contrary, as contemplated by section 106 t.p act, need not be an express contract, it may be implied, but it certainly should be ..... in that case interpreting section 113 of the transfer of property act and illustration (a) to it, alladi kuppuswami, j as he then was after reviewing the case law on the subject held:'reading the illustration together with the main part of the section it will follow that ..... also contended that the clauses mentioned under section 107 of t.p act are subject to contract or local law or usage to the ..... the court now has to act upon the admissions made by ..... that under section 91 of the indian evidence act the document has to be produced. ..... and establishments act, they ..... -- though not unknown -- is, generally speaking, not very appropriate and as a general rule it cannot be held that preparation of sweetmeats would answer the test of 'manufacture' for purposes of section 106 of the transfer of proper act, normally it does not act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(3)ALT39
..... the driver and the insurer are not strictly necessary parties and in particular the insurer would be in the position of a judgment-debtor, the moment an award is passed, in view of clear expressions in section 96(1) of the act and therefore there was no difficulty for the tribunal to pass the award against the insurer of the other lorry atr 600 also leaving open the remedy for the claimants to exhaust in accordance with ..... person not duly licensed to drive the vehicle when the accident took place, the insurer shall be deemed to be a judgment-debtor in respect of the liability in view of sub-section (1) of section 96 of the act'(emphasis applied)such expressions also clarify the effect of section 96(2) of the act about the right of the insurer to get the notice of the prdceedings to have the right to defend such an award in accordance with the grounds available in section 96(2)(b)(i)(a) to (d) of the ..... sub-clause (2) of section 96 is that such a notice can be given either during the proceedings under section 110-a of the act before the judgment is pronounced resulting in the award or even thereafter before execution, provided the execution is stayed pending the appeal. ..... therefore, it can be concluded that the insurer is not always a necessary party to the claim petition under section 110-a of the act, but it is the duty of the tribunal to decide the rights and liabilities of the parties including the insurer either during the proceedings by following the prescribed procedure or after .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALD762; 2004(6)ALT140; 2005(1)ARBLR1(AP); I(2005)BC219
..... upon the judgments rendered by the supreme court and this court, he submits that with filing of an application under section 11(6) of the act, the chief justice or his nominee alone are entitled to appoint an arbitrator, and that the respondents have no say in the matter ..... as a successful bidder, and an agreement was executed on 10.3.2002.3.the petitioner alleges that the work was prolonged beyond the contract period, on account of various acts and omissions, on the part of the respondents, and that improper deductions were made from the bills, payable to him. ..... vengamamaba engineering company 2001(4) raj 459 (ap), a division bench of this court considered the scope of the provisions of the act, and in particular, section 11 as well as the purport of the judgments rendered on the subject, including the one in datar ..... raja shekar reddy, on the other hand, submits that there is no provision, contained in the act, or the scheme framed by the chief justice under section 11 of the act, under which the right of one of the parties, to take steps in conformity with the agreement ..... the appellant therein pleaded that seizure of a property under section 431 of the bengal municipal act is equivalent to forfeiture, and that the high court did not have jurisdiction to quash an order ..... 3 of the andhra pradesh scheme discloses that the applications filed under sub-sections (4), (5) and (6) of section 11, of the act, are to be dealt with by regular courts, depending on the value of the subject-matter. .....
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