Court : Andhra Pradesh
Reported in : AIR1964AP326
..... plaintiff, his mother and grandmother, was that the plaintiff acquired rights as the sister's son of abbayya, junior on!y in the year 1929 when the hindu law of inheritance amendment) act was passed and that, therefore, there was no occasion for him to challenge the transactions earlier. this contention is advanced on the basis that abbayya junior and ..... contention advanced on behalf of the contesting respondents that the plaintiff's right to sue is barred by limitation. 33. it is argued that article 141 of the limitation act is not applicable as the executants of ex. 8-2 divided the family property among themselves each taking an absolute estate even, before ramaswami could be presumed to ..... heard of for seven years, it described the period of disappearance as one 'of not less than seven years'. 30. the presumption under section 108 of the evidence act extends to the fact of death at the expiration of 7 years and not to the time of that at any particular period. 31. it may be presumed that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1972]83ITR58(AP)
..... with the assessment after partition of a hindu undivided family. its effect is that a hindu undivided family, which was being assessed as such, shall continue to be assessed in the same status, ..... the assessment of a hindu undivided family wherein a partition has taken place. the scheme of the act is while section 23 deals with assessment of an assessee, section 25 provides for the assessment in cases of discontinued business. likewise, section 25a which was inserted by the indian income-tax (amendment) act, 1928, is concerned ..... such person has been given a reasonable opportunity of being heard. section 2(9) of the act defines 'person' as including a hindu undivided family. thus, a hindu undivided family is treated as a separate legal entity under the act, as distinct and separate from its members. if there is a disruption or a partition in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(4)ALT144
..... rs. 60/- per sq.yard respectively. it also awarded statutory benefits such as additional amount, solatium and interest as provided under the land acquisition (amendment) act, 1984 (for short 'the amendment act' ). accordingly, it passed the impugned judgment and decrees. hence, these appeals by the referring officer questioning the enhancement of compensation. on receipt of notices ..... are entitled to compensation at the rate of rs. 31 /- per sq.yard for the entire extent together with all statutory benefits as provided under the amendment act. in addition, the respondent no. 3 in as.no. 434/95 is entitled to a further sum of rs. 9311/- which he paid towards conversion ..... they possessed potentialities for use as house-sites or industrial purpose even as on the date of publication of draft notification under section 4(1) of the act. infact, the learned advocate general and sri a. ramalingeswara rao, the learned counsel appearing for the beneficiary of acquisition, are fair enough to admit this .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(5)ALD88; 2007(6)ALT513
..... same has to be cancelled through an administrative order and a fresh pass book needs to be issued to the applicant in accordance with the entries amended under section 5 of the act.8. respondents 1 and 2 have examined the matter from the correct perspective and left it open to the petitioner to work out her remedies ..... filing an application under section 5 of the act. the recording authority is required to issue ..... 4 of the act provides for situations which entail accrual of rights in land to the person; be it on account of succession, survivorship, inheritance, partition, decree of a court or otherwise. as and when such rights accrue to an individual over the land, he has to seek amendment of the relevant entries in the revenue records, by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(6)ALD586; 1999(6)ALT223
..... court in writ petition no. 14670 of 1993 based on the dicta of the supreme court. the petitioner is placed in no better position by reason of the amendment act of 1998. considering the question from every stand point, we have therefore no hesitation in rejecting the contention of the learned counsel for the petitioner.11. we find ..... rendered on 10-12-1993 reached finality. however, taking shelter under an act of the state legislature (act 26 of 1998), the petitioner lias taken resort to the second round of litigation.2. the said act is titled as 'a.p. public employment (regulation of age of superannuation) (amendment) act, 1998'. sub-section (1-a) of section 3 was brought into ..... petitioner and the efficacy of the division bench judgment of this court dismissing the petitioner's writ petition, is not lost on account of retrospective amendment of the act. he submits that there is no change in the legal position as regards the retirement age of the judicial officers, even with the enactment of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(1)ALT532
..... persons-in-charge after the expiry of their term- in fact this legal position is made clear by section 3 of the a.p. co-operative societies (amendment) act of 1990, the supreme court or this court never laid down any embargo against the appointment of the former members of the managing committee as persons-in-charge. ..... committee of persons-in-charge. virtually, what the first respondent has done is to induct one group of members to the exclusion of the other group to act as persons-in-charge. the professed impartiality of the first respondent in re-organising the committee does not inspire much of confidence in an objective mind. the ..... petitioners have no objection for the inclusion of the fifth respondent. the petitioners are seeking for a declaration that they along with fifth respondent shall be allowed to act as persons-in-charge of the appapuram milk producers co-operative society limited.2. the petitioners and the fifth respondent were the elected members of the managing committee .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(5)ALT696
..... or absorption is not complete, even then the terms of the scheme as envisaged under the act will be binding on all the parties to the scheme including the state government.13. under the sick industries (sic. industrial companies) (special provisions) amendment act, 1993 any scheme would be as good as a statute. such scheme is statutory in ..... . dowell & co., : [1996]3scr721 (d.n.) in the said decision the main question that was raised before the supreme court was whether a.p. prohibition (amendment) act, 1995 is beyond the legislative competence of a. p. legislature, in view of central enactment viz., industries (development and regulation ..... upon the central legislation, viz., industrial companies (special provisions) amendment act, and (ii) in view of the operation of non-obstante clause contained in the act, the scheme envisaged under section 18 of the act has the same effect as a statute and as such the state act cannot override the act of parliament.9. no doubt subjects like 'state public .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD705; 2006(2)ALT115
..... . the government, therefore, decided to amend the provisions of the act and accordingly enacted a.p. charitable and hindu religious institutions and endowments (amendment) act, 2002 (hereafter called, the amendment act) amending sections 17, 19, 20, 75, 82, 87, 107 and 123 of the principle act. by amendment act, section 87 of the act, which conferred quasi judicial powers on ..... appoint trustees under section 15.explanation ii:--'member of the family of the founder' meaas children, grand children and so in agnatic line of succession for the time being in force and declared or recognised as such by the relevant appointing authority.explanation iii:--those persons who founded temples by ..... signifies to admit; to acknowledge something existing before.33. as noticed hereinabove the explanation ii to section 17(1) of the act describes children, grand children in agnatic line of succession as members of the family of the founder. the proviso to subsection (1) of section 17 casts an obligation on the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT607
..... a predicament, as it was not willing to regularize the services of the employees and as per the interpretation placed by this court. hence again the act was amended. under the amended act 27/98, the first proviso giving statutory effect to g.o.ms.no. 212 is totally replaced with the proviso extracted supra, to the effect ..... supreme court held that effect of the proviso, introduced to section 7(1), 13, 13-a to 13-d in the principal act, viz., punjab village common lands (regulation) act, 1961 (as amended by haryana amendment act of 1974) is intended to make the earlier decisions of the high court ineffective. the relevant portion of paragraphs 30 and 37 ..... of poverty alleviation schemes intended to improve the living conditions of the weak and meek who constitute the bulk of the electorate and with whose vote the successive governments were able to come to office. in the last three decades, practically these organizations are forced to make temporary appointments to meet the exigencies of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALD670; 2001(4)ALT169
..... the suit had to be dismissed in terms of order 1, rule 9 cpc. he submits that order 1, rule 9 cpc was amended by amending act of 1976 which became effective from 1-2-1977, the suit had been filed after 1-2-1977 therefore the suit is hit ..... present suit belonged to her mother and she is one of the three heirs on whom the said property devolves by succession under section 12 of the act. that, in fact, is the conclusion which the trial court had reached and yet no action was taken by the ..... the circumstances, we do not think it would be possible for us to entertain the said application. in the result, the application for amendment is rejected. 15. it is unfortunate that the appellant's claim has to be rejected on the ground that she failed to implead her ..... it: provided that nothing in this rule shall apply to non-joinder of a necessary party'. it is true that, before the amendment of rule 9 of order 1 cpc a suit could not be defeated by reason of misjoinder or nonjoinder of parties, but the .....
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