Court : Andhra Pradesh
Reported in : 2001(2)ALD260; 2001(2)ALT281
..... it is one thing to say that a statutory authority fails to perform its statutory duty or acts contrary thereto; it is another thing to say that it does not perform its contractual obligations. ..... its administrative action, which is violative of part iii of the constitution of india may be amenable to writ jurisdiction, but not its activities, which are de hors the roads transport corporations act, 1950 and/or the statutory regulations framed thereunder. ..... as such, in the discharge of its functions, it is free to act according to its own light. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALD458; 2004(3)ALT642; 2004CriLJ3153
..... , in the present case it cannot be postulated what view would have been taken by the detaining authority about the need to detain the petitioner under section 3(2) of the act if he had not taken into account the stale and not proximate grounds 1 and 2 into consideration in arriving at the subjective satisfaction. ..... the supreme court considered gap of sixteen months between the offending acts and the detention order and set aside the order of detention holding that the order of detention was based on stale ..... similar to section 5-a of the conservation of foreign exchange and prevention of smuggling activities, act, 1974 which says that where a person has been detained in pursuance of an order of detention under sub-section (1) of section 3 which has been made on two or more grounds, such order of detention shall be deemed to have ..... the detenu was categorized as a bootlegger as referred to under section 2(b) of the act, as many as seven incidents have been referred to in the grounds of detention ordered on 17.11.2003 which are succinctly stated below ..... , with regard to the said grounds, it cannot be said that the sale of illicitly distilled liquor fall within the meaning of the words 'acting in any manner prejudicial tothe maintenance of public order'. ..... issue required to be adjudicated is whether the reference in the detention orders regarding the past conduct of the detenu for the purpose of arriving the propensity of criminal acts of the detenue would vitiate the detention order. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP465
..... any candidate at any election, intending to appeal to the chancellor against any declaration made by the vice chancellor, or the person deputed by him to act in his place or any other returning officer, in respect of nominations, or the conduct of ballot or the declaration of the results, thereof, shall lodge his appeal with the chancellor through the vice-chancellor within fifteen clear ..... he must give notice when he will proceed with the matter, and he must act honestly and impartially, and not under the dictation of some other person or persons to whom the authority is not given by law'. 10. ..... the learned law lord stated : 'when a central administrative board deals with an appeal from a local authority, it must do its best to act justly and to reach just ends by just means. ..... neither section 27 of the andhra university act nor the regulations framed thereunder casts an obligation on the chancellor to issue a notice to the successful party before taking the action coa-templated by that section, argues the learned advocate-general. 5. ..... even an administrative authority, when he acts in a quasi-judicial capacity, has to conform to the forms of judicial procedure. ..... if it is left without express guidance, it must still act honestly and by honest means. ..... dealing with the provisions of section 64-a of the motor vehicles act, jaganmohan reddy j. ..... observed in another part of his speech thus: 'when the duty of deciding an appeal is imposed, those whose duty it is to decide must act judicially. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALT169; [2004]121CompCas66(AP); [2004]52SCL147(AP)
..... the legal position, the other contentions raised by the objection petitioners, namely that the scheme of arrangement proposes to vary their rights without complying with the provisions of section 106 of the companies act, 1956 is concerned, it is stated by the petitioner that the scheme of arrangement does not propose to create different classes of shares and that with a view to synergize their business ..... when once the majority of the shareholders representing three-fourths in value of shares in the company approve the scheme of arrangement, as is required under section 391(2) of the companies act, 1956 this court has not other option, the same shall be binding on all the shareholders, including the minority shareholders, who represent one-fourth or less than one-fourth in value ..... and more particularly when the majority of the shareholders in their meeting have approved the scheme of arrangement, which is in accordance with the provisions of section 391(2) of the companies act, 1956, and further having regard to the limited role of this court to the extent of satisfying itself that the proposed scheme of arrangement is not violative of the provisions of the ..... objection petitioners that the scheme of arrangement proposes to create different classes of shares, and that the procedure contemplated under section 106 of the companies act, 1956 has to be followed, the learned counsel for the petitioner submitted that the scheme of arrangement merely proposed to increase the face value .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP471; 1961CriLJ611
..... ) observed as follows :'it is a sufficient answer to this objection that under section 13, charter act, rules for the exercise of the high court's appellate jurisdiction by one or more judges or by divisional courts can be made only by such high court, the powers of the chief justice being only those conferred by section 14 to ..... 'before the criminal procedure code was amended by amendment act xxvi of 1955, section 407 made provision for appeals against convictions by magistrates of second or third class and section 408 made provision for appeals from convictions by a magistrate of the first class. ..... the additional sessions judge, srikakulam seems to have acted under a similar impression and belief when he received and took on file c. a. no. ..... the learned additional sessions judge, cuddapah acted without jurisdiction in hearing the appeal viz. c. a. ..... with a view to implement the provisions of amendment act xxvi of 1955, government passed g. o. ms. no. ..... result is that on the law as it stands and as correctly explained in the propositions laid down by the full bench of the patna high court, with which we have agreed, each of additional sessions judges, cuddapah and srikakulam acted illegally in receiving c. a. ..... by the amendment act of 1955, all appeals from convictions of all magistrates were made to lie to the court of session by omitting section 407 altogether and suitably amending section 408. ..... as amended by act xxvi of 1955, in view of the decision in aswinikumar v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998CriLJ179
..... 14 of the evidence act is that the property which is proved to be the property of the deceased, the accused is a receiver of the stolen property knowing the same to be stolen. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(2)ALD221
..... reddy, 1997 (5) ald 330, that:'...failure to supply true copy as required under section 83(1)(c) of the act by the election petitioner to the returned candidate is fatal to the election petition. ..... once an objection is filed under section 86(1) of the act, the court has no option but to dismiss the election petition, if satisfied that the election petition is not in confirmity with section 83(1)(c) of the act read with rule 94(a) of the rules.'13. ..... by a notary or any other prescribed authority is a vital act which assures that the election petitioner had affirmed before the notary ..... this is an application under section 87 of the representation of peoples act 1951 read with order 6 rule 16 and section 151 of the code of civil procedure for striking out the pleadings and dismissing the election petition no.12 of 1995, inter alia, on the ground that the ..... this act of the petitioner had induced the voters of the said village to vote ..... act; with the result that, on the basis of allegations made, no cause of action appears to have arisen for setting aside the election of the ..... act in-as-much-as there is material defect in the true affidavit, which is an integral part of the election ..... this court had not insisted upon the strict standard of the scrutiny as required under section 86 of the act. ..... act, 1951 and the copy of the affidavit served on the petitioner does not contain proper attestation and the allegations of corrupt practices made in paras 7 to 10 suffer from material irregularity and are .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP370
..... a-i is not a promissory note as it does not contain an unconditional undertaking to pay and therefore, no presumption of consideration under section 118 of the negotiable instruments act arises in its favour; (2) that even if section 118 applies, it is proved that, as a matter of fact, the promissory note is not supported by consideration ..... the learned advocate-general referred to illustrations (f) and (j) to section 23 of the contract act as having a bearing on this question, and they are as follows:'(f) a promises to obtain for b an employment in the public service, and b promises to pay 1,000 ..... the defendant even for less price though better prices were offered by others, it was held that the contract to pay commission to the plaintiff was unenforceable in view of illustration (j) to section 23 of the contract act.the decision of the patna high court in 'shiv saran v. ..... true that the objection based on section 23 of the indian contract act was not raised in the written statement. ..... 3 mer 469, and has been consistently acted on ever since per farwell l.j. ..... indian contract act merely lays down that 'in the absence of any special contract, payment for the performance of any act is not due to the agent until the completion of such act. ..... the respondent himself, who was the appellant's vakil and it is therefore vitiated by undue influence and unenforceable and (4) that the real consideration for it is unlawful within the meaning of section 23 of the contract act and it is therefore void.7. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP548; 1964CriLJ636
..... 16, the magistrate, has acted in strict conformity with the provisions of s. ..... 11, who acted as a guide nor p. w. ..... 1,3,5,6 and 7 under section 30 of the evidence act. ..... , contrary to the earlier bench decision of the same court which was not even referred to, that such a confession is inadmissible even if it is free from the taint of involuntariness and is not hit by section 24 of the indian evidence act.82. ..... we are unable to see why such statements cannot be treated and used as former statements of witnesses, or as confessions or admissions of accused persons is accordance with and subject to the relevant provisions of the indian evidence act. ..... we acted on his instructions, deputed h.c. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1973]91ITR333(AP)
..... thegujarat high court has taken the view that in order to entitle a firm toobtain registration under the income-tax act, it is necessary for thepartners to specify not only their shares in the profits, but also in losses.on the other hand, the mysore and allahabad high courts have held thatnon-specification of shares in losses ..... although some changes have been effected by the 1961 act in the procedure relating to the registration of firms, which existed under the 1922 act, both under the 1922 act and under the 1961 act, it is an essential condition for obtaining registration that the terms and conditions of the partnership should be in writing and the shares of the individual partners ..... the word 'specifying ' was used in section 26a of the indian income-tax act, 1922 and in rule 2 of the indian income-tax rules, 1922, as meaning: ' mentioning, describing or defining in detail; it did not mean, expressly setting out any fractional ..... in brief the procedure for registration of firms laid down by the 1961 act under sections 184 and 185 and rules 22 to 25 of the income-tax rules, 1962, may be stated : a partnership, which is evidenced by an instrument, wherein the shares of the individual partners are specified may, ..... registration of firms was laid down in section 26a of the indian income-tax act, 1922, and rules 2 to 6 of the indian income-tax rules, 1922, and the same is now found in sections 184 and 185 of the income-tax act, 1961, and rules 22 to 25 of the income-tax rules, 1962, .....
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