Court : Andhra Pradesh
Decided on : Sep-17-1998
Reported in : 1998(5)ALD662; 1998(5)ALT420
..... of the disqualification prescribed under clause (i) of sub-section (1) of section 21-a of the andhra pradesh co-operative societies act, 1964, for short 'the act', as amended by the andhra pradesh co-operative societies (amendment) act 4 of 1995 which came into force with effect from 2-1-1995. clause (i) of subsection (1) of section 21 ..... claimed as a matter of course or of right, and that the court has the discretion to refuse the writ under certain circumstances. similar opinion is expressed by the indian courts also in number of pronouncements,13. in bhairulal chunilal v. state of bombay, : air1954bom116 , a division bench of bombay high court, speaking through chief justice ..... -a of the act provides that no person shall be eligible for being chosen as, and for being, a member of the committee, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-10-1998
Reported in : 1998(6)ALD636; 1998(6)ALT388
..... interference by this court.10. it is well settled that the jurisdiction of the high court to entertain a second appeal under section 100 of the civil procedure code after the 1976 amendment is confined only to such appeals as involved a substantial question of law. the existence of a substantial question of law and not a merequestion of law is the sine ..... that suit the defendants i.e., the plaintiff herein and his brother liave set up a plea that they were small farmers and they arc entitled to the benefits of act 7 of 1977 and, that suit was dismissed on that ground. these two documents amply prove that the present plaintiffs family was not affluent and they themselves were indebted to ..... section 385 ipc and they were convicted for the said offences and al to a3, a5 and a6 were sentenced to pay a fine of rs.1,000/-each and in default to suffer simple imprisonment for three months each and a4 who is said to be a student was released under sections 3 and 4 of probation of offenders act after .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-08-1998
Reported in : 1998(6)ALD520; 1998(6)ALT235
..... following points for consideration:(i) whether the appellant-first plaintiff is entitled to redeem the plaint schedule property? (ii) whether the apsalt regulation, 1959 as amended by regulations of 1963 and 1970 extending to talangana area is a bar to maintain the suit by the plaintiffs? on reappraisal of the evidence on record ..... munsif held that in the light of the provisions contained in the andhra pradesh scheduled areas land transfer regulation, 1959 (hereinafter called as 'apsalt regulation') as amended by regulations 1963 and 1970. the plaintiffs suit is not maintainable as the mortgage dated 8-2-1960 is null and void, therefore, decided the first issue ..... /- it should be registered under the provisions of section 59 of the transfer of property act and that the said document is inadmissible in evidence under the provisions of sections 17 and 49 of the indian evidence act (sic registration act) and that the plaintiffs failed to produce the said document into the court-the plaintiffs .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-27-1998
Reported in : [1999]238ITR177(AP)
..... (i.e., february 10, 1988, and february 11, 1988) in this case. it was introduced with effect from april 1, 1989, through the direct tax laws (amendment) act, 1987. the contention, therefore, is that the explanation has got retrospective effect and so the statement of the managing director recorded prior to the introduction of the explanation could ..... or thing and any statement made by such person during such examination may thereafter be used in evidence in any proceeding under the indian income-tax act, 1922 (11 of 1922), or under this act. explanation.--for the removal of doubts, it is hereby declared that the examination of any person under this sub-section may be ..... and the finding would give rise to a question liable to be referred to the court. in support of his contentions, reliance is placed upon the decisions in cit v. indian woollen textiles mills : [1964]51itr291(sc) , homi jehangir gheesta v. cit : [1961]41itr135(sc) and also cit v. biju patnaik . there is no quarrel with .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-24-1998
Reported in : II(1998)ACC732; 1999ACJ1077; 1998(5)ALD600; 1998(5)ALT271
..... word 'liability' itself was defined so as to include 'no fault liability' under section 92-a of the act, it would not necessitate any amendment and that the liability of the insurance, wherever occurring in chapter xi of the act, should be deemed to include the liability under 'no fault liability' clause. with great respect to the learned ..... turn allowed the vehicle to be driven by the cleaner and therefore the owner cannot be made liable for payment of compensation. the supreme court after referring to indian and english decisions, held as follows:'the appellant had authorised gurubachan singh to drive the vehicle, but gurubachan singh allowed rajinder pal singh, the cleaner/conductor who ..... order to meet the above social demand on the recommendation of the indian law commission, chapter vii-a was introduced in the act. sections 92-a to 92-e of the act are to be found in chapter vii-a. section 92-e of the act provides that the provisions of chapter vii-a shall have effect notwithstanding .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-17-1998
Reported in : 1998(5)ALD285; 1998(4)ALT698; 1998CriLJ4279a
..... the aftermath of the judgment of the supreme court in l. chandra kumar v. union of india, : [1997]228itr725(sc) .2. by section 46 of constitution (42nd amendment) act, 1976, part xiv-a was inserted in the constitution consisting of articles 323-a and b. while article 323-a enables the parliament to set up administrative tribunals to deal ..... reading of section 30 would make the things very clear that what is independently conferred upon the tribunal is to deal with ex facie curiae contempt under section 228 of indian penal code, which power also is vested in the other subordinate courts/tribunals, to the exclusion of high court in view of proviso to section 10 of contempt of ..... to be adopted in such a case by a subordinate court, therefore, is to make a reference to the high court. of course, cases by section 228 of the ipc or order 39, rule 2-a of the civil procedure code stand on a different footing and they are required to be dealt with in accordance with law without the intervention of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-27-1998
Reported in : 1998(5)ALD465; 1998(5)ALT152; I(2000)DMC266
..... that while such a bigamous marriage is rendered void, the bigamous relationship should be recognised for purpose of maintenance. further, as observed earlier, the parliament while passing marriage laws amendment act, 1976 (68/ 76) has considered it advisable to uphold the legitimacy of the paternity of children born out of a void marriage; it has not extended a similar ..... or where the consent of the guardian in marriage of the petitioner (was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978) the consent of such guardian was obtained by force (or by fraud as to the nature of the ceremony or as to any material fact or circumstance ..... void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of indian penal code, 1860 (45 of 1860), shall appiy accordingly,' thus, section 17 not only, declares such a marriage as void, but the parties to that marriage are .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-24-1998
Reported in : 1999(3)ALD381; 1999(3)ALT375
..... (ex.2). sri pulla reddy, learned counsel ('or the revision petitioners contended that though the above transaction should have been validated in the first instance under the provisions of the amendment act 3 of 1954, the same has not been done. it is not the case of the respondents that steps were taken for regularisation of the above transaction. that remedy was ..... ground that there was no provision forrelinquishtnent of tenancy rights at that point of time. be it noted that clause (a) to sub-section (1) to section 19 of the act was introduced by amending act 3 of 1954 and it came into force on 4.2.1954. it is only then that a provision is made in the ..... .2.1358 fasli is not true, but assuming that it is iriie, it cannot have any effect as the same was not validated under proviso to section 47 of the act which is incorporated by 1954 amendment. in the same context, he pointed out that the sale dated 13.6.1950 is not validated under section 50-b of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-23-1998
Reported in : 1998(5)ALD106
..... by the state government by virtue of the powers conferred by subsection (1) of section 9 of the indian tolls act, 1851 read with section 2 of the indian tolls laws (a.p. extension and amendment) act, 1975 (a.p. act no. 17 of 1975). these rules are called a.p. roads and buildings toll rules, 1975 containing ..... earnest money deposit and in not adjusting the refund amount for submission of the application pursuant to the auction notification. as already stated, the relief was amended and the petitioner confined his challenge to the notification dated: 16-11-1997 and for consequential direction to refund the amount.4. in the counter affidavit ..... respondents issued proceedings dated 16-11-1997 directing the petitioner to remit differential amount after adjusting the above amounts. consequently, the petitioner filed an application for amendment of the prayer in the writ petition seeking writ of mandamus declaring the action of the respondents in not discharging the bank guarantee for rs. 11,74 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-17-1998
Reported in : 1998(4)ALD584
..... and 15% of the seats shall be left over for open competition as specified in the andhra pradesh educational institutions (regulation of admission) order, 1974 as amended in g.o.p.no.646, education (w) department dated 10-7-1979. (b) in respect of state-wide institutions and state-wide universities admission ..... of free seats and payment seats subject to modifications mentioned in sub-rule (15) of rule 7 of the admission rules in respect of non-resident indians. 6. the admissions shall be made on the basis of merit ranking. they shall be made first to the local candidates in relation to relevant ..... of the constitution of india (hereinafter referred to as 'the presidential order), andhra pradesh educational institutions (regulation of admissions and prohibition of capitation fee) act, 1983 (for short 'the act') and the andhra pradesh professional educational institutions (regulation of admission into under-graduate professional courses through common entrance test) rules, 1998 (for short 'the .....
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