Court : Andhra Pradesh
Decided on : Apr-28-2014
..... telangana area, by section 3 of the a.p. survey and boundaries (extension and amendment) act 1958. a reading of the statement of objects and reasons of this act would show that the majority of the general surveys was completed and the act was largely required in connection with survey of estates or other similar areas, re-surveys ..... reads : alienation of the land without the sanction of the government, to a person other than the british subject or a subject of an indian state shall invalidate the grant. later, certain amendments were made to the bso. para-23 of the bso (1920 edition) reads : no land belonging to government shall be assigned or sold ..... of grant are only subject to the condition that sale of such land (without permission of the government) to persons other than british subjects/subjects of native indian states, is prohibited. as discussed else where, in telangana area, assignments were governed by laoni rules. a board was constituted under the hyderabad board of revenue .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-18-2014
..... 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
Decided on : Feb-12-2014
..... issued for the acquisition of that land on the first day of january, 1975, after deducting the amount already paid to him in respect thereof.".37. this amendment act 10/1977 received the assent of the president of india on 29.4.1977 and the said assent was first published on 30.4.1977 in the andhra pradesh ..... reforms tribunal, penukonda, ananthapur district for increasing their holdings seeking benefit of section 4-a of the a.p.land reforms (ceiling on agricultural holdings) amendment act,1977 (hereinafter referred to as 'act 10 of 1977'). in these applications, the declarant and his sons claimed that since the sons are majors on the notified date, an extent equal to ..... was later modified on 24.03.1976 as 13.3944sh; thereafter, the andhra pradesh land reforms (ceiling on agricultural holdings) amendment act, 1977 was enacted with retrospective effect from 01.01.1975; that the said act received the assent of the president of india on 29.04.1977 and the said assent was published on 30.04.1977 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-28-2014
..... excellency president of india or for that matter taking the views of the state legislature, as it stands now, has been brought into the constitution by the 5th amendment act, 1955 with effect from 24.12.1955. therefore, it cannot be said nor any argument can be accepted that the 1st respondent has no power under the ..... ), he has urged that the concept of federalism is part of the basic structure of the constitution. however, it is futile to suggest that the states of the indian union are sovereign or independent or autonomous units. under our constitution, the states, as such, have no inherent sovereign power. though the states in the union of ..... the respondent parties and is contemplating to bifurcate the state of andhra pradesh into the states of telangana and andhra pradesh. the petitioner states further that the indian government started the process of forming a separate telangana state on 09.12.2009 without eliciting the expression of the people of the state and subsequently rolled it .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-04-2014
..... 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
Decided on : Jul-02-2014
..... 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
Decided on : Jun-23-2014
..... 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
Decided on : Dec-24-2014
..... the rights of the opposite party, muchless changes the cause of action. however, that liberal approach is curtailed by taking away the right once trial commenced by amended act 46/99. it is no doubt with a liberal approach to be required as procedural law is the hand maid and not mistress of justice, there was a further ..... amendment that was proposed and ultimately came into force by amended act 22/2002 with effect from 01.07.2002 introducing the proviso to permit amendment which could not be sought before commencement of trial despite due diligence. for more clarity, the order ..... the matter before the commencement of trial. this is the important rider required to be satisfied, no doubt in other respects, the law existing prior to the amendment by acts 46/99 and 22/2002 comes to the aid of the court if that condition is satisfied. it was the interpretation initially laid down by the apex court .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-04-2014
..... 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
Decided on : Sep-09-2014
..... . part-ix-a of the constitution of india, from articles 243-p to 243- zg, relate to municipalities. part-ix-a, inserted by the constitution (74th amendment) act, 1992 which came into force on 01.06.1993, relates to urban local bodies i.e., nagar panchayats (transitional areas from rural areas to urban areas).municipal councils ..... part-ix of the constitution of india, from articles 243 to 243- o, relate to the panchayats. this part was inserted by the constitution (73rd amendment) act, 1992 which came into force on 24.04.1993. the provisions of part-ix confer constitutional status on local self-government bodies in rural areas i.e ..... thereto; even in the absence of a provision, for withdrawal/ cancellation of the notification under the 1994 act, the provisions of the general clauses act apply and, thereunder, the power to issue a notification would include the power to amend or rescind orders or notifications; the state government has ample power to cancel/ withdraw a notification issued .....
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