Court : Andhra Pradesh
Decided on : Mar-12-2014
..... this court has already taken cognizance for the offences under sections 13, 5 read with sections 16, 18, 19, 23 of unlawful activities (prevention) act, 1967 as amended in the year 2008, it is deemed that this court has already come to the conclusion that there are reasonable grounds to believe that the accusations against ..... notwithstanding anything contained in sub-sections (6) and (7).no bail shall be granted to a person accused of an offence punishable under this act, if he is not an indian citizen and has entered the country unauthorisedly or illegally except in very exceptional circumstances and for reasons to be recorded in writing.". from a perusal ..... is ".prima facie true".: 1) whether the accused is/are associated with any organization, which is prohibited through an order passed under the provisions of the act; 2) whether the accused was convicted of the offences involving such crimes, or terrorist activities, or though acquitted on technical grounds; was held to be associated .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on : Feb-12-2014
..... the broad definition service adumbrated in sec.2(1) (o) of the consumer protection act. ultimately, to provide an additional speedy remedy, the parliament enacted rbi ( amendment) act, 1997 inserting sec.45-qa giving power to clb constituted under sec.10-e of the companies act which may, either on its own motion or on application of the depositors order nbfcs ..... action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money. section 72 of the indian contract act runs as follows : a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it. there must be ..... the code of civil procedure,1973) and every proceeding before the bench shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code and for the purpose of section 196 of that code.(5) without prejudice to the provisions of sub-sections (4-c) and (4-d), the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-25-2014
..... list-i and entry 25 of list-iii.". entry 11 of list-ii was deleted and entry 25 of list-iii was amended with effect from 3.1.1976 as a result of the constitution 42nd amendment act of 1976. the present entry 25 in the concurrent list is as follows: ".25. education, including technical education, medical ..... petitioners and similarly placed persons, by giving go-bye to merit and the same is contrary to the post-graduate medical education regulations, 2000 framed under the indian medical council act, 1956. the learned senior counsel, in support of his arguments, apart from relying on mridul dhars case (2 supra), has placed reliance on the ..... the 3rd respondent-medical council of india, submitted that post-graduate medical education regulations, 2000 are framed in exercise of powers under section 33 of the indian medical council act, 1956 and the said regulations provide the procedure for selection of students for post-graduate courses, strictly on the basis of their academic merit. it is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-03-2014
..... be considered for renewal; the provisos relate only to these two deficiencies; and there is a conscious departure therein from other possible deficiencies. the indian medical council act (hereinafter called the 'act') is referable to entry 66 of list i (union list) of the seventh schedule to the constitution. (mci v. state of karnataka1). ..... capacity of undergraduate medical courses in medical colleges for the academic year 2013-2014, only to government medical colleges. the establishment of medical college regulations (amendment) 2012, provides for a time schedule for the m.c.i to grant letters of permission for establishment of a medical college as well as an ..... departure from the standards laid down in the regulations, or for carving out an exception in favour of any identifiable class of persons, it should then have amended the regulations after previous sanction of the central government. (gopal d. tirthani52).in dr. b.r.ambedkar medical college v. union of india54 the notification .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-25-2014
..... been alienated to syed ameen and syed rasool under the sale deed dt.03.06.1994. it held that in view of the gazette dt.15.02.1990 as amended by the errata dt.13.01.2000, the land in sy.no.356 has to be held as property attached to the dargah. relying on the survey report ex ..... :sri p. gangi rami reddy counsel for the respondents/respondents:sri mak. mukheed sri a.m. qureshi sri mir masood khan head note: ?.cases referred:1. air1953sc332. air1971sc6643. air1998sc9724. 66 indian appeals 145 5. air1982ap4546. (2003) 10 scc5787. (2007) 8 scc3298. air1953sc659. virender singh hooda v. state of haryana ... (2004) 12 scc588the honourable sri justice m.s. ramachandra ..... of the wakf board. if such a contention is accepted it would be amount to allowing the decision of a judicial body to be overruled by an executive act. any such act would violate the ".doctrine of separation of powers". which is part of the basic structure of the constitution and cannot be allowed. when even the legislature cannot .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-06-2014
..... 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
Decided on : Oct-31-2014
..... to purchase in the name of the company a substantial interest in euro-national corp. ltd., a new zealand listed company. under the new zealand securities amendment act 1988, meridian was required to give notice of its acquisition to enc and the stock exchange. the two employees knew this but the board and the ..... and recovery of amounts and refusal and justification therein and eventually held in favour of non-maintainability of the writ petition. as per the judgment in indian bank v. godhra nagrik cooperative credit society ltd (18 supra), the apex court took the view that unless the impugned actions are wholly arbitrary and ..... , secunderabad v. power grid corporation of india ltd., new delhi and others (2) kerala state electricity board and another v. kurien e.kalathil and others (3) indian bank v. godhra nagrik cooperative credit society ltd and another (4) rajasthan state industrial development and investment corporation and another v. diamond & gem development corporation limited and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-24-2014
..... they are in fact the branches or establishments of the same family that owns and controls the respondent. he submits that through a specific amendment, the parliament empowered the authorities under the act, to rely upon the statement recorded during the cours.of a search of the premises of an assessee, not only in the proceedings ..... article 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 (xi of 1922).or under this act. the assessing officer relied upon this and, took into account, the statement recorded from the managing director in the year 1988. on ..... which is procedural in nature can be taken as retrospective, the courts have been cautious. for example, in sharvan kumar swarups case (1 supra) after referring to indian and english precedents on the subject, the supreme court observed: no suitor has any vested interest in the cours.of procedure, nor any right to complain, if .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-28-2014
..... aforesaid. nothing contained in this section shall impair the rights of any transferee in good faith and for consideration. section 53(1).as it stands after the amending act, 1929, is as under:- every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option ..... property. learned special standing counsel places reliance upon state bank of india v. dcto, suryapet . section 53(1) of the transfer of property act, 1882, as it stood before the amending act, 1929, read thus:- every transfer of immovable property made with intent to defraud prior or subsequent transferees thereof for consideration or co-owners or other ..... abstention or gross negligence; and, being a question depending on the behaviour of a reasonably prudent man, the courts have to consider it in the background of indian conditions. in r.k.steels ltd.4, a division bench of the madras high court held that the judgment of the supreme court, in ahmedabad municipal .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-20-2014
..... 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 .....
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