Court : Andhra Pradesh
Reported in : AIR1983AP17
..... to be given at convenient places in the locality where the land sought to be acquired is situated, in other words, there was no compliance whatsoever with the second part of sub-section (1) of section 4 of the act, declared that the law as settled by this court is that such a notice under second part of section 4(1) is mandatory and unless that notice is given in accordance with the provisions contained therein the entire acquisition ..... public interest does not brook even the minimum time needed to give a hearing land acquisition authorities should not, having regard to article 14 (and 19) burke an enquiry under section 17 of the act.where the government sought to acquire particular land for establishing a grain market then gave it up and selected another piece of land but ultimately acquisition of the latter was declared mala fide by ..... . it is immaterial to consider in this context whether that memorandum overrides the power vested in the land acquisition authorities under the land acquisition authorities under the land acquisition act, for the state government officers, acting under and subject to the control of the government are certainly bound by the directions issued in the matter of acquisition of the lands especially when such directions are based on ..... 3513/71 dated 25-11-1974 where section 4(1) notification was issued on 7-10-1971 and possession was sought to be taken after notices under section 9 were issued on 1-12-1972, the court held that when there is a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1982AP436
..... secondly it is pleaded that the assessment of damages on the basis of the provisions of the workmen's compensation act was wholly improper and that the compensation awarded was excessive since the claimant could not establish real loss of earning power due to the loss of the hand.i negligence - onus ..... opinion, the tribunal was in error in taking the statutory figure fixed in the workmen's compensation act as the sole guide for fixing the compensation under the m. v. ..... supreme court in municipal corporation of delhi ..... );'the tribunal, in our opinion, misdirected itself in being guided by the table under the workmen's compensation act, 1923 in assessing damages for the prospective kiss if earning. ..... doctrine applies, a presumption of fault is raised against the defendant, which, if he is to succeed in his defence, must be overcome by contrary-evidence, the burden on the defendant being to show how the act complained of could reasonably happen without negligence on his part.'17. ..... the compensation awarded under the workmen's compensation act purely on the basis of permanent disability without taking any of the aforesaid factors into consideration is, our opinion, contrary to the principles laid down for the award of compensation under the ..... that in this case the tribunal adopted the statutory formula under the workmen's compensation act as the sole guide for the assessment of damages. ..... have placed reliance on schedule iv of the workmen's compensation act which prescribes compensation of rs. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1984(3)ECC107; 1984(15)ELT32(AP)
..... unmanufactured products whether of his own growing or grown by others; and includes a person curing such product by the labour of his relatives, dependants, or any person in his employ; (v) 'duty' means the duty payable under section 3 of the act; (vi) 'grower' means a person growing unmanufactured products whether by his own labour, or by that of his relatives, dependants or other persons in his employ, or by tenants; (ix) 'unmanufactured products' means excisable goods which are described in the ..... virkumar : 1952crilj1406 , while dealing with the meaning and scope of the expression 'food stuff' as defined in clause 3 of the spices (forward contracts prohibition) order, 1944 read with section 2(a) of the essential supplies (temporary powers) act, 1946, which reads thus : 'much learned judicial thought has been expended upon this problem - what is and what not food and what is and what is not a food stuff : and the only conclusion ..... consumption of powder and then mixing the powders thus obtained from coffee and chicory by mechanical process involving consumption of power constitute the process of manufacture as defined in section 2(f) of the central excises and salt act, 1944 and further hold that the product thus obtained known as 'coffee-chicory blend' and otherwise known as 'french coffee' in the business market is a distinct commercial commodity falls under item no ..... v. municipal corporation of city of poona, ..... jadhav (1974 tax ..... . (1974) (34 ..... rallis india limited (1974) (34 s.t.c. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1983AP155
..... 2 stated that he completed the construction of the building by the end of 1975 and the compound wall was constructed and the well was sunk even during 1974, in cross-examination, he stated:'i constructed the compound wall and later i constructed the building .....it is not correct to say that the building was constructed after notification. ..... the first submission made on behalf of the petitioner is that till the municipality paid the compensation the property does not vest in the municipal council and that without such vesting of the property in the council the commissioner is not competent to have issue (sic) the impugned proceedings. ..... municipalities act to so acquire the acquisition in question is not made by the municipalities act. ..... rw-5 who is a broker for sale transactions of sites gave evidence that during the year 1974-75, lands in the neighbourhood at a distance of 30 to 40 yards from the acquired land were sold at rates varying from rs. 30/- to rs. ..... the fact that the land is still registered as agricultural land in the revenue accounts, it has gained the value of a potential building area and the appellant had even paid the required converting fee in november 1974 for converting the land from an agricultural to a non-agricultural purpose. ..... there is escalation of prices even during 1974-75, the rate varying from rs. 30/- to rs. ..... numbers 51 and 55 of 1974 dated 7-2-1978. ..... b-30 that by september, 1974 the appellant dug foundations over an extent of 50' x 60' for the building. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1983AP401
..... authority to block the said passage and the gate which was in existence long prior to 1956 in para 5 of the plaint , in the cause of action portion he had specifically stated that' the cause of action arose on 1-12-1974 when the defendant started construction blocking the gate and thereby preventing the right of ingress and egress to the plaintiff'. ..... the ocurt always gives leave to amend the pleadings or a party applying was acting mala fide or that by this blunder the caused injury to his opponent which may not be compensated fo by an order of costs, however negligence or carelessness may have been the just omission however late, ..... no action was taken by the municipal corporation preventing the defendant from making construction blocking ..... constructed the wall after obtaining the approval of the municipal corporation of hyderabad'. ..... these actions of the defendant are unwarranted, unauthorised and without any manner of right whatsoever though he informed of the same to the municipal corporation by a complaint. ..... as per the sanction granted by the municipal corporation.4. ..... but the defendant in the first week of july 1974, started making construction of a wall blocking the gate and thereby obstructing his right of passage of ingress and egress from his house into the road ..... where in a suit for partition and possession the plaintiffs are seeking that the insolvent and official receiver in whom the lands are vested under the provisions of the insolvency act have no right to sell his share. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1983AP83
..... play to give him that opportunity'.when this is the position even where there is no specific rule as regards enquiry into alleged disqualification or cessation of membership, much more so when the act and the rules envisage giving of a notice and holding of an enquiry, the cessation, though automatic,can occur only upon an enquiry and decision by the competent authority. ..... . however, we must make it claer (that) when the election of office-bearers is held there being no provision either in the act on the rules or the eye-laws empowering any authority to withhold the declaration of the result of the said election, the respondents are bound to declare the results forthwith ..... final and binding on the society and it shall not be called in question in any court'.the rule empowers the registrar to act suo motu or on the representation made to him by any member of the committee of the said society or its financing ..... election notice and directed the deputy registrar-2nd respondent in the writ petition to finalise the disqualification proceedings against respondents 5 and 6 under section 21-a of the act' and further directed the divisional co-operative officer-cum-election officer, primary agricultural development bank. ..... municipal councils (conduct of elections ) rules that 'as there is no express provision to that effect in rule 13 and as no summary inquiry can serve the aim of an inquiry it must be held that under rule 13 the election ..... , 1973 aphc 245: (ilr (1974) andh pra 842) kuppuswamy, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1983AP407
..... sufficient to supply them with material benefits of the same standards and duration as would have been provided for them out of the earnings of the deceased had he not been killed by the tortious act of the defendant credit being given for the value of any material benefit which will accrue to them (otherwise than as the fruits of insurance) as a result of his death'.thus the claim ..... :'1-a, suit fro compensation to the family of a person for loss occasioned to it by his death by artionable wrong :- whenever the death of a person shall be caused by wrongful act neglect or default and the act neglect or default, is such as would (if death had not ensured) have entitled the party injured to maintain an action and recover damages in respect thereof the party who would have ..... pages 652 and 653, the meaning of the word compensation' with reference to injuries or loss has been defined thus:'in the sense of an act, the word has been defined as meaning an act which a court orders to be done or money which a court orders to be paid by a person whose acts or omissions have caused loss or injury to another in order that thereby the person damnified may receive equal value for his loss or be made ..... municipal corporation ..... india 1974 acc ..... a-1 dated 27-5-1974 to the corporation calling upon them ..... 91 of 1974 here is an instance where due to callous indifference to duty and disregard to value of human life long span of percious life of a cyclist aged about 30 years was brought to an abrupt end on 27-9- .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1984AP75
..... any rules, regulations or instructions issued under the repealed act shall be continued to be in force unless they are clearly inconsistent with the amended act or instructions or the new rules framed. ..... to the fundamental right of a citizen in respect of fixing the rates of prices, vis--vis the right to trade or to carry on business, specific enactments like the essential commodities act, 1955, industrial (development and regulation) act 1951 and the defence of india act and various control orders issued in pursuance of the delegation thereunder, have been brought on statute book inhibiting the free right of a citizen to fix the prices of essential commodities. ..... no inconsistency with the act or the rules made thereunder, the guidelines issued under the repealed act shall continue to be ..... guidance.whether executive instructions under repealed act could be continued:117. ..... reasonable to deduce that the word 'regulation' is a word of broad import having wide meaning comprehending all facets not only specifically enumerated in the act but also embrace within its fold the powers incidental to the regulation envisaged in good faith with an eye single to the public welfare. ..... was whether a person practising as an advocate but being a standing counsel for the municipality has a fundamental right to stand as a candidate for election to the municipality while continuing to be the standing counsel. ..... : [1974]94itr204(sc) ..... : [1974]94itr204(sc) ..... , : [1974]94itr204(sc) (supra) which was relied upon .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1984AP28
..... surinder kumar (supra) the supreme court has stated:'the filing of an unregistered award under section 49 of the registration act is not prohibited; what is prohibited is that it cannot be taken into evidence so as to affect immovable property falling under s. ..... in these circumstances we are of the opinion that the appointment of a receiver is unavoidably brought about by the acts of omission either knowingly or unknowingly done but certainly willingly committed by the defendants. ..... thereafter the defendants-appellants were never ready to go on with the case on 27-11-1982, on 29-11-1982 and on 30-11-1982 the defendants had not filed any counter denying even the bare allegation of acts of waste, which the plaintiffs have alleged to have been committed by the defendants. ..... he argued that the petition did not contain any particulars regarding the acts of waste and the lower court appointing the receiver and allowing i. a. no. ..... 86 of 1963 for recovery of possession of the immoveable property of acts 10-60 cents together with past and future profits from her father and others. in o. s. no. ..... 17 of the registration act and would not be in the absence of registration be admissible in evidence. ..... 129 of 1969 on the file of the same court for recovery, of maktha due from his tenants, anjeneyulu died on 30-3-1974. ..... alleged act of waste, but did not give much particulars. ..... 17 of the act. ..... 86 of 1963 sanjeevamma set up a case that the abovementioned acts. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1984)38CTR(AP)17; [1984]145ITR759(AP)
..... the fact that the doctrine of implied overruling has already been applied on this very question by the madhya pradesh high court in daya bhai's case, : [1966]59itr364(mp) the patna high court in narpati's case : [1974]97itr645(patna) and the punjab high court in gian chand's case , we are of the view, respectfully agreeing with the said high courts, that the doctrine of implied overruling is applicable to the situation on hand, and ..... and berar municipalities act, 1922, ignored a judgment of the supreme court on the ground that the relevant provisions of the act were not brought to the notice of the supreme court, their lordships observed in ballabhdas mathuradas lakhani ..... case : [1971]79itr546(sc) , decided by the supreme court, also related to the bengal and uttar pradesh excise acts respectively and that their lordships have still held that the partnership firms were valid and entitled to registration under the ..... was a partner, and as a partner, he became agent of the partnership as well as the other partner, and the running of the lorry with the permit of the 2nd defendant, involved a contravention of the motor vehicles act, namely, the user of the lorry by the owner, namely, the partnership, who had no licence in its name. ..... pagoda hotel and restaurant : [1974]93itr271(mp) and mohapatra bhandar ..... narpati : [1974]97itr645(patna) above mentioned, untwalia c ..... : [1974]97itr645(patna) and the punjab high court in cit ..... partnership was to remain in force for one year up to september 30,1974. .....
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