Court : Andhra Pradesh
Reported in : 2002(2)ALD634; 2002(2)ALT173
..... it is for the society to take appropriate steps in regard to staffing pattern of the society under section 116-c of the act, if it so desires.8. ..... co-operative societies act, 1964 leaving all other things aside. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1994(2)ALT62
..... pattabhiraman, : [1985]2scr643 which arose out of an analogous provision under the tamil nadu buildings (lease, rent and eviction) control act has pointed out, 'thus a consensus of the meaning of the words'wilful default 'appears to indicate that default in order to be wilful must be intentional, deliberate, calculated and conscious, with ..... have appropriate this ..... the landlord receives any amount in excess of one month rent as deposit under section 7 (2) of the act he cannot seek for eviction of the tenant, i agree with the contention of the learned counsel for petitioner that this court can interfere in exercise of the revisional jurisdiction of this court under section 22 of the rent control act because it affects the legality of the orders passed by the two courts below.11. ..... (a), any sum paid in excess of the agreed rent whether before or after the commencement of this act, in consideration of the grant, continuance of renewal of the tenancy of the building after such commencement, shall be refunded by the landlord to the person by whom it was paid or, at the option of such person, ..... the learned counsel for the petitioner referred to section 7 (2) of the rent control act which reads -7 (2) where the fair rent of a building has not been so fixed -(a) the landlord shall not, after the commencement of this act claim, receive or stipulate for the payment of any premium or other like sum in addition to the agreed rent;provided that the landlord may receive, or stipulate for the payment .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD264; 2001(2)ALT141
..... insults to national honour act, 1971 (act no.69 of 1971) (hereinafter referred to as 'national honour act') and the emblems and names (prevention of improper use) act, 1950 (act no.12 of 1950) (hereinafter referred to as 'emblems act') apart from the flag ..... the appropriate authorities including the collector of nalgonda district and the superintendent of police, nalgonda should have taken all steps to prevent the ..... three explanations have been appended to section 2 of the said act and explanation 2 which is relevant for the purpose of this case reads as under: 'explanation 2:--the expression 'indian national flag' includes any picture, painting, drawing or photograph or other visible ..... keeping in view the fact that the aforementioned act contains penal provisions there cannot be any doubt whatsoever that ..... section 2 of the 'national honour act' reads thus: 'insult to indian national flag and constitution of india :--whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise brings into contempt (whether by words, either spoken or written, or by acts) the indian nationalflag or the constitution of india or any part thereof, shall be punished with imprisonment for a term ..... the provisions of the aforementioned acts and the flag code of india clearly stale the reasons as to why the same had to be enacted by the parliament inasmuch as it is expected to every citizen of india to pay respect to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(2)ALD118; 1998(2)ALT604
..... affirm such a position would be contrary to the scheme of part xv of the constitution and the representation of the people act, which as i shall point out later, seems to be that any matter which has the effect of vitiating an election should be brought up only at the appropriate stage in an appropriate manner before a special tribunal and should not be brought up at an intermediate stage before any court. ..... ' the discussion in this passage makes it clear that the word 'election' can be and has been appropriately used with reference to the entire process which consists of several stages and embraces many steps, some of which may have an important bearing on the ..... of opinion that the election commission is competent in an appropriate case to order re-poll of an entire constituency where ..... view of the above, we have no hesitation to conclude that in the facts and circumstances of this case the respondents acted well within their power in ordering deletion of petitioner's name from the list of contesting candidates by rejecting his nomination.4. ..... , on 28-1-1998, suppressing the fact of hjs conviction and undergoing imprisonment for a period of two years in the affidavit and the proforma for furnishing information under section 8 of the representation of people act, 1951 (for short 'the act') he has signed and filed along with his nomination papers. ..... is no provision either in the constitution of india or in the act and the rules made thereunder, conferring such power on the respondents. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(6)ALT408
..... is also well settled that existence of sufficient cause under section 5 of the limitation act is always open to a liberal construction and if any inconvenience caused to the opposite party can be compensated by appropriate terms, such conditions should be imposed instead of refusing to determine the dispute on merits ..... of the undisputed deaths of the two counsel of the defendant during the relevant period and the probability of the defendant being sick at the relevant times, the delay has to be condoned on appropriate terms, in order to give a reasonable opportunity to the defendant to have her defence in the suit decided on merits. ..... of 252 days in filing the petition to set aside the ex parte decree and the defendant/petitioner claimed that due to her suffering from jaundice and severe fever from 10-12-2005 till 25-02-2006, she was set ex parte and an ex parte decree was passed against her in o.s. no. ..... her claim that she was suffering from jaundice and severe fever from 10-12-2005 till 25-02-2006 and again with severe fever from 10-08-2006 to 15-11-2006, need not be straight away rejected, as her assertion and the plaintiff's denial in the affidavits is a case of oath ..... it is true that extension of period of limitation cannot be on equitable grounds and the provisions of the limitation act should be strictly followed, but in construing the truth or otherwise of the grounds raised in support of the request for condonation of delay, the court will not adopt a too rigid and technical .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1982AP322
..... 4291/a1/81 dated 19-12-1981 relating to the rejection of the petitioner's application for the grant of temporary permit on the route srikakulam to budhithi viz narasannapeta by issue of a writ of certiorari or any other appropriate writ, order or direction after calling for the concerned records.2. ..... the frontal issue in the decision of this court is with reference to conflict of madras amendment with central act and the issue regarding temporary permit appears to have surfaced in the nature of sidewind. ..... the applications were invited under s.57 (2) of the act for the grant of pucca permit on the said route and the notification was given under sec ..... 62(d) of the central act and as such it should yield to the central act as ordained under art. ..... 62(1) of the motor vehicles act in view of the pendency of the applications for the grant of pucca stage carriage permits ..... 64 of the motor vehicles act is fatal to the writ petition ..... 62 (1) of the motor vehicles act prohibits the grant of temporary permit pending the consideration of the grant of pucca permit ..... 62(d) of the central act and that when once there is an application for the grant of a pucca permit pending the transport authority has no jurisdiction to grant temporary permit under the proviso to ..... 62(c) of the act authorises the regional transport authority to grant temporary permit to meet a particular temporary need and this clause should not be given any special or restricted meaning and two kinds of needs viz, temporary need as well .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT780
..... expert has not followed the required procedure, where the findings of the expert appears to be prima facie incorrect, where there is an error on the face of the record, where it appears that the commissioner or expert had acted in a partisan manner and where the deficiency in the report cannot be completed by the same commissioner or expert or where the court feels that referring the matter to second commissioner would be useful for better appreciation of evidence ..... kse board : air1988ker169 , it was observed that it would not be appropriate to hold that under no circumstances could a court issue a second commission, without setting aside the report of the first. ..... govindankutty's case : air1982ker49 (supra) while discussing order xxvi rule 10 cpc and section 45 of the evidence act observed that whether it be under order xxvi or under section 45 of the evidence act, there is no prohibition as such against making a second reference to a handwriting expert without setting aside the report of the first; the court has a discretion in the matter. ..... exs.c2 and c3 are the photostat copies of the certificates dated 14.07.2005 and ex.c4 is the photostat copy of the report of the directors dated 01.09.1997 containing the signatures of dw.1. ..... peerchand misrimalji bhansali : (2005)2mlj603 , a division bench of the madras high court opined that the practice of sending original documents in the custody of the courts to the handwriting experts is highly objectionable one and a very bad procedure. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALD463; 2004(3)ALT371
..... it is also the case of the appellant corporation that the land occupied by the retail outlet premises was declared as surplus land under the provisions of the urban land (ceiling and regulation) act, 1976, by the special officer and competent authority vide his proceedings dated 14-6-1980 and the appeal preferred by the legal heirs against the order of the competent authority was dismissed by the appellate authority by ..... if the petitioner makes a claim which is frivolous, vexatious, or prima facie unjust, or may not appropriately be tried in a petition invoking extraordinary jurisdiction, the court may decline to entertain the petition. ..... in case the respondents/writ petitioners intend to file any civil suit seeking appropriate relief as against the appellant, the same may have to be disposed of as expeditiously as possible preferably within six months from the date of filing of the suit ..... the supreme court while adverting to the contention that the remedy is not appropriate in the case observed:'that the facts pleaded are of such a nature which do not involve any complicated questions of fact needing elaborate consideration of the same, the high court could also exercise writ jurisdiction ..... when the petition raises questions of fact of a complex nature, which may for their determination require oral evidence to be taken, and on that account the high court is of the view that the dispute may not appropriately be tried in a writ petition, the high court may decline to try a petition. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1974]93ITR297(AP)
..... reduced in accordance with the reduction of the amount of tax as a result of an order under section 154 or section 155 or section 250 or section 254 or section 260 or section 262 or section 264 of the act and the excess interest paid, if any, shall be refunded to the assessee. 5. under sub-section (2) to section 139(1), the income-tax officer may before the end of the relevant assessment year serve a notice ..... 's application dated september 16, 1963 (2) whether, on the facts and in the circumstances of the case, by the levy of interest calculated under clause (iii) of the proviso to section 139(1)of the income-tax act, 1961, the income-tax officer must be deemed to have condoned the delay in filing the return of income (3) whether, on the facts and in the circumstances of the case, the income-tax officer had ..... the power to levy a penalty under section 271(1)(a) of the act when he had already levied interest under section 139(1) and (4) whether, on the facts and in the circumstances of the case, the income-tax officer had jurisdiction to levy penalty under section 271(1)(a) of the ..... in any event, the act had allowed a sufficient margin of time (six months) to enable the assessee to get the statements prepared and file returns of income within the time prescribed by law ; and it is for the assessee to make proper and appropriate arrangements to comply with the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1982AP296
..... a write of mandamus may be issued compelling the secretary, regional transport authority, anantapur and the secretary, regional transport authority, kurnool to issue special permits to the petitioners under section 63 (6) of the motor vehicles act, (hereinafter referred to as the 'act') enabling them to run their buses empty from uravakonda and meddikera and others places in anantapur and kurnool district up to some unspecified places in other states of karnataka, tamil nadu and maharashtra to pick up passengers ..... were issuing the special permits from the beginning are refusing now to receive the applications for issue of such permits b stating orally that they will not issue special permits under section 63 (6) of the act if the vehicles are to go empty from the places in anantapur and kurnool districts to any place in other states to complete the journey and to set down it at the place where the party is picked up in other states ..... authority concerned about the existence of a travelling need of the public in a particular locality is a condition precedent for the grant of a special or general transport permit, it follows, that these contract carriage permits one only be granted by the appropriate transport authorities situated in the places of their use and not by a transport authority like the regional transport of anantapur or kurnool. ..... i said above, the writ petitioners never stated that they had made any application or applications to the appropriate authority or authorities. .....
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