Court : Andhra Pradesh
..... section 436 to 439, sections 11 and section 2(j) read with section 14 with the latest provisions contained in the amendment act, 1978 and the provisions relating to prevention of corruption act where also a special judge is of the designated cadre of sessions judge with empowerment to take cognizance of the offence directly under ..... or otherwise dealing with such offences. from the above, it is clear that the criminal procedure code on the adjectival and procedural provisions, equally apply not only for the indian penal code offences, but also for other offences; leave about even in investigating, inquiring or trying into i.p.c. offences and other offences together, but ..... matrix which reads as follows: (a) on 20.03.2014, at 3.20 hours, a passenger by name kannur abdul khader mohammed haneefa, holder of indian passport no.f014875 (hereinafter referred to the respondent-accused), who arrived by flight no.qr500from doha to hyderabad was intercepted by the officers of customs (air intelligence .....
Tag this Judgment!Court : Andhra Pradesh
..... no.3069/k2/2013 dated 10.09.2013, as arbitrary and illegal. a consequential direction is sought to the firs.respondent to accept the petitioners tender. an amendment petition was filed, thereafter, including a challenge to the validity of the work order dated 19.02.2014, issued by the firs.respondent in favour of the ..... mandal v. state of orissa ).while contractual matters are not beyond the realm of judicial review, its application is limited (noble resources ltd.v.state of orissa ; indian oil corpn. ltd.v.amritsar gas service ; and lic of india v. escorts ltd.) primarily to the infirmity in the decision making process, and whether it is ..... no such agreement has been entered into between the petitioner and the firs.respondent, the question of settlement of the disputes, in accordance with the arbitration and conciliation act, 1996, does not arise. the plea of existence of an alternate remedy, necessitating the petitioner being relegated thereto, does not merit acceptance. it is necessary for .....
Tag this Judgment!Court : Andhra Pradesh
..... for restitution of conjugal rights. sub-section (1-a) was introduced in section 13 by section 2 of the hindu marriage (amendment) act, 1964 (44 of 1964). section 13 as it stood before the 1964 amendment permitted only the spouse who had obtained the decree for restitution of conjugal rights to apply for relief by way of divorce; ..... religion and that she did not obtain permission of her husband for the same to convert her religion from hinduism to christianity. though, the husband has not amended his plea subsequent to the cross-examination of his wife, having got elicited the answers as to her conversion from hinduism to christianity, still, when viewed that ..... marked as a document in this case, and then resorted to confronting it, if any such admission did really occur as required under section 145 of the indian evidence act. therefore, certainly, it cannot be ruled out that the husband getting mentally disturbed that too when that allegation was repeatedly taken as a plea in the earlier .....
Tag this Judgment!Court : Andhra Pradesh
..... or make modifications to the existing law i.e., before the appointed day within a period of two years whether by way of repeal or amendment. it is stated that section 102 of the act 6 of 2014 has also empowered any court, tribunal or authority with power to enforce any law to construe such law in its application to ..... relied on the judgments reported in bhagat ram sharma v. union of india and others , zile singh v. state of haryana and others , government of india and others v. indian tobacco association , c.rajagopalachari v. the corporation of madras and another and g.sekar v. geetha and others .10. on the other hand, sri a.prabhakar rao, learned standing ..... words the state of telangana and the state of andhra pradesh are only substituted in article 371-d of the constitution of india, as such, there is no substantial amendment to the article 371-d of the constitution of india. he further submits that the presidential order issued under article 371-d of the constitution of india holds field .....
Tag this Judgment!Court : Andhra Pradesh
..... to implement the settlement referred to above. through order dated 05.03.1997, this court directed the respondent bank to implement the terms of the settlement as amended from time to time. when the petitioner and other workmen were under the bona fide impression that the directions of this court in w.p.no.4194 of ..... them salaries of regular employees, as these are purely executive functions. in other words, court cannot arrogate to itself the powers of the executive or legislature. (see indian drugs & pharmaceuticals ltd., 33 supra). even assuming that that the workmen had worked 240 days continuously, yet he cannot claim that his services should be continued because the ..... in response to a reference, dt.18.09.2001, from the ministry of labour, government of india, under section 10(1)(d) of the industrial disputes act, 1947 (the act, for brevity). since the issue is common in all the writ petitions involving similarly placed workmen on one hand and a nationalised bank on the other, under .....
Tag this Judgment!Court : Andhra Pradesh
..... the counsel for the appellant18 the learned counsel for the appellant contended that subsequent to the decision in the suit, parliament had amended hindu succession act, 1956 by the hindu succession amendment act 39 of 2005 making daughters also coparceners and declaring them to be entitled to a share in the joint family properties; therefore the ..... had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not. (4) after the commencement of the hindu succession (amendment) act, 2005, no court shall recognize any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, ..... be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the hindu succession (amendment) act, 2005 had not been enacted. explanation.--for the purposes of clause (a), the expression ".son"., ".grandson". or ".great-grandson". shall be deemed to refer .....
Tag this Judgment!Court : Andhra Pradesh
..... fact of dishonour of such cheque unless such fact is disproved by the accused. 10-(d). further the provision for issuing notice within fifteen days (amended as thirty days by the amended act 55 of 2002, w.e.f., 06.02.2003) under section 138 after dishonour is to afford an opportunity to the drawer of the cheque ..... drawn. sections 138 to 142 are incorporated in the n.i. act,1881 as chapter xvii by the banking public financial institutions and negotiable instruments laws (amendment) act,1981 (66 of 1988) which came into force w.e.f., 01.04.1989 and the n.i. act was further amended by act, 2002 (55 of 2002) which came into force w.e ..... being that of the ".prudent man".. 11-c. there are presumptions (besides the general presumptions under the indian evidence act) specially provided in respect of a negotiable instrument under clauses (a) to (g) of section 118 of the act and, for the dishonour of cheque relating to criminal liability under section 139 and apparently a legal fiction though .....
Tag this Judgment!Court : Andhra Pradesh
..... the fact of dishonour of such cheque unless such fact is disproved by the accused. 10-(d). further the provision for issuing notice within fifteen days (amended as thirty days by the amended act, 55 of 2002, w.e.f.06-02-2003) under section 138 after dishonour is to afford an opportunity to the drawer of the cheque to ..... delhi high court referred the expression of the three judges bench in c.c. alavi haji (supra) with reference to section 27 of the act and 114 of the indian evidence act, and held at paras 20 to 27 thus all accepted by court that there must be some endorsement on the postal cover of the notice like having ..... reasonability being that of the ".prudent man".. 11-c. there are presumptions (besides the general presumptions under the indian evidence act) specially provided in respect of a negotiable instrument under section 118 clauses (a) to (g) of the act and for the dishonour of cheque relating to criminal liability under 139 and apparently a legal fiction though strictly not as .....
Tag this Judgment!Court : Andhra Pradesh
..... fact of dishonour of such cheque unless such fact is disproved by the accused. 10-(d). further the provision for issuing notice within fifteen days (amended as thirty days by the amended act, 55 of 2002, w.e.f.06-02-2003) under section 138 after dishonour is to afford an opportunity to the drawer of the cheque ..... drawn. sections.138 to 142 are incorporated in the n.i.act as chapter xvii by the banking public financial institutions and negotiable instruments laws (amendment) act, 1981 (66 of 1988) which came into force w.e.f. 01-04-1989 and the n.i. act was further amended by act, 2002 (55 of 2002) which came into force w.e. ..... reasonability being that of the ".prudent man".. 11-c. there are presumptions (besides the general presumptions under the indian evidence act) specially provided in respect of a negotiable instrument under section 118 clauses (a) to (g) of the act and for the dishonour of cheque relating to criminal liability under 139 and apparently a legal fiction though strictly not .....
Tag this Judgment!Court : Andhra Pradesh
..... the bar under section 29 of cr.p.c. of outer limit of fine of rs.10,000/-(amended and substituted for rs.5,000/- by the cr.p.c. amendment act of 2006) as was earlier, after this provision section 143 introduced thereby of no application. it was ..... cheques in favour of the complainant and the same were filled and misused. from that, the cheque was from his account maintained with the indian overseas bank, kothagudem, which was admitted by the accused. for his saying what he borrowed is only rs.35,000/- and therefrom given ..... name of the father of the accused is one k.narayan das. it is also proved through pw.2, the chief manager of indian overseas bank that ex.p.3 cheque relates to the account no.603 of the accused and his proprietary concern name is fashion n ..... accused, ex.p.3 is cheque, dated 19.11.1997, ex.p.4 is cheque return memo, dated 21.11.1997, issued by indian overseas bank, kothagudem, ex.p.5 is another legal notice, ex.p.6 is postal acknowledgement, ex.p.7 is legal notice, dated .....
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