Court : Andhra Pradesh
..... the learned counsel that existence of a wrong entry in the revenue records does not give rise to a cause of action within the meaning of article 58 of the indian limitation act, 1963. it is also submitted that every threat by the defendants to the right of plaintiffs, cannot be considered to be a clear and unequivocal threat infringing the ..... entry made in record of rights, is entitled to institute a suit for declaration of his right under chapter vi of the specific relief act, 1963 and the entry in the record of rights shall be amended in accordance with any such declaration. reference is made to rule 32 of the a.p. rights in land and pattadar pass books rules ..... , 1989, which reads as under : ".every person proceeding under sec.8(2) of the act shall intimate to the mandal revenue officer concerned the particulars .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... compensated by award of the just equivalent of the value or damages for loss. 21. the apex court further examined the meaning of word service (as it stood before amendment act 62/2002 which inserted words but not limited to ) and observed as under: it is in three parts. the main part is followed by inclusive clause and ends by ..... collection, and other trade practices for which state and federal consumer protection laws are enacted. the act opts for no less wider definition. in construing the meaning of consumer as defined in section 2(d) of the act (as it stood before the amendment act 62/2002 w.e.f. 15.3.2003, which inserted the words but does not include ..... be any loss to the second complainant. this commission holds that the contention of the learned government pleader has acceptable force. 28. in bhagwanji d.patel and another vs indian bank and others iii (2011) cpj 175, the subject matter of the complaint was that of 5 cheques pertaining to nre/sb account signed by the power of attorney .....
Tag this Judgment!Court : Andhra Pradesh
..... that it had 10% of the workmen employed in the 4th respondent, with which it is connected, as its members after 18.10.2012 as per the amended provisions of the act. a copy of the said notice was served on the petitioner on 16.11.2012. the petitioner submitted their reply on 10.01.2013 informing the registrar ..... construed, not in the name of natural justice - an elusive phrase - nor in literal loyalty to the section but in plenary allegiance to the paramount law. in indian constitutional law, natural justice does not exist as an absolute jural value but is humanistically read by courts into those great rights enshrined in part iii as the quintessence of ..... and evidence has to show it. a finding as to fraud cannot be based on suspicion and conjecture and must be established beyond reasonable doubt. (svenska handelsbanken v. indian charge chrome51).ordinarily, the burden to prove fraud would be on the party who asserts the affirmative of the issue and it rests, after evidence is gone into, upon .....
Tag this Judgment!Court : Andhra Pradesh
..... shall, unless the court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if the court thinks fit, on the original defendant. (5) subject to the provisions of the indian limitation act, 1877 (15 of 1877), section 22, ..... the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons. section 52 of the transfer of property act, 1882: transfer of property pending suit relating thereto: during ..... of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force.". section 19 of the specific relief act, 1963: relief against parties and persons claiming under them by subsequent title: except as otherwise provided by this chapter, specific performance of a contract may be .....
Tag this Judgment!Court : Andhra Pradesh
..... by the individual college managements/committee of managements in the order of merit in a transparent manner by following the prescribed procedure under rule 6 (c), which, as amended by go ms. no.97, health, medical and family welfare (e1) department, dt.06-07-2013, is as follows: procedure for grant of admissions into ug ..... the petitioners, the 4th respondent has pleaded that it has followed the admission process scrupulously, initially by issuing a paper notification dated 11.07.2013 in new indian express and andhra prabha calling for applications for filling up the seats in c-1 and c-2 management quotas, notifying the admissions, that along with the ..... were framed exercising the powers conferred by sections 3 and 15 of the andhra pradesh educational institutions (regulation of admission and prohibition of capitation fee) act, 1983 (a.p.act no.5 of 1983). the seats to be allotted in each un-aided non minority professional institution under these rules for admission of candidates shall be .....
Tag this Judgment!Court : Andhra Pradesh
..... an error. unfortunately even on the review application, the learned trial court went on in the controversy about o.17, rr.2 and 3, which existed before the amendment and rejected the review application and on appeal the high court also unfortunately dismissed the appeal in limine by one word.8. the learned counsel for the respondent attempted ..... to condonation of delay, therefore, is clearly required to be answered in favour of the petitioners/appellants as the reasons for the delay are clearly attributable to the acts of their counsel before the trial court in reporting no instructions at the stage of evidence of p.w.3. it is noteworthy that, suit was not at ..... with regard to essential ingredients of the suit for specific performance, such as, readiness and willingness of the plaintiff; the discretion under section 20 of the specific relief act, 1963; and the specific issue no.5 as to whether defendant no.2 is a bona fide purchaser for value without knowledge of the agreement of sale. it .....
Tag this Judgment!Court : Andhra Pradesh
..... first respondent, no material has been shown or annexed or even stated that they have done so. it is their burden to prove under section 106 of indian evidence act as they have special knowledge on this issue. learned lawyer for respondent nos.3 to 6 contends that since there is no allegation and complaint of their ..... experience, the committee was of the view that these persons were suitable, and recommended for being appointed as state information commissioners. the selection committee under the said act is entrusted to assess the relative merit of the persons whose names may be considered for appointment as state chief information commissioner and state information commissioner. the ..... state levels. 108.4. there is an absolute necessity for the legislature to reword or amend the provisions of sections 12(5), 12(6) and 15(5), 15(6) of the act. we observe and hope that these provisions would be amended at the earliest by the legislature to avoid any ambiguity or impracticability and to make .....
Tag this Judgment!Court : Andhra Pradesh
..... in order to avoid further litigation and also in the interest of justice, the same ought to be allowed though belated. he asserted that the proposed amendments were essential to adjudicate the real questions in controvers.and for avoiding multiplicity of proceedings. para-3 of the affidavit is relevant and is extracted hereunder: ..... of due diligence it could not have been sought earlier. the main purpose of allowing the amendment, per the court, should be to minimize litigation. in revajeetu builders v/s. narayanaswamy6 on an analysis of english and indian case law, the supreme court carved out the following principles which should weigh with the ..... court while dealing with an application for amendment: (1) whether the amendment sought is imperative for proper and effective adjudication of the case; (2) whether .....
Tag this Judgment!Court : Andhra Pradesh
..... above instructions and failure in implementing the same shall entail actions as per the relevant acts and rules in force. a perusal of the above extracted provisions would show that as per rule 6(ii) as it stood prior to the amendment though the institutions were required to display the details of the courses offered and other ..... against nri quota enables the educational institutions to strengthen their level of education and also to enlarge their educational activities. it was also pointed out that people of indian origin, who have migrated to other countries, have a desire to bring back their children to their own country as they not only get education but also get ..... reunited with the indian cultural ethos by virtue of being here. they also wish the money which they would be spending elsewhere on education of their children should rather reach their own .....
Tag this Judgment!Court : Andhra Pradesh
..... . the 201.policy, circulars and the correspondence: having regard to the respective pleas of the parties, it is necessary to refer to the 2010 policy, the amendments made thereto, the relevant circulars and the relevant correspondence in this regard. the paras of the 2010 policy which are material for the present purpose are reproduced hereunder ..... were treated under one category. irrespective of whether the licences were granted by the railways prior to 2005 or by the irctc from 2005 and by the indian railways after 2010, renewal of licences is envisaged for all these categories of licencees subject to their fulfillment of the three requirements as referred to hereinbefore. in ..... to renewals would not arise. at any rate, in the face of the plain policy of the railways providing for renewal of licences, respondent no.3 cannot act contrary thereto, either on the ground of the licencees having long standing or the purported loss of revenue. conclusion and the result: for all the above reasons .....
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