Court : Andhra Pradesh
Decided on : Nov-19-2014
..... by witnesses, in relation to matters of fact under enquiry; such statements are called oral evidence.2. all documents including electronic records (as per amendment act 2000) produced for the inspection of the court, such documents are called documentary evidence. 13) so, for statements made in the affidavits by itself though evidence ..... of the suit though a proper party may have remotely or indirectly interested in the subject matter of the lis. needless to say section 21 of the indian limitation act also relaxing of the rigor of limitation for the addition of parties as follows: section21 effect of substituting or adding new plaintiff or defendant.- (1) where ..... on record as necessary parties and hence to dismiss the revision. vi. law of evidence reception of affidavit in evidence: (a) sec.1 evidence act says that the indian evidence act applies to all judicial proceedings in or before any court but not to affidavits presented to any court or officer not to proceedings before an arbitrator. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-03-2014
..... supra), cited by the counsel for the respondents, also does not apply to the present case because the said case dealt with amendment to an election petition under the representation of the people act, 1951, where admittedly the law is particularly strict when compared to ordinary civil suits. on the facts of that case, there was ..... bhan singh (14 supra), cited by the counsel for the respondents which held that article 113 of the limitation act, 1963 is attracted, need not be considered in this revision. the court below, after allowing the amendment sought by the petitioners, and after allowing the respondents to file additional written statement, shall frame an issue on ..... claimed by the petitioners, and then decide it keeping in view the circumstances in which the amendment had been sought by the petitioners and section 17 of the limitation act, 1963.43. the petitioners have also sought to amend the plaint by adding a relief claiming 7/14th share in mesne profits for alleged illegal use .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-26-2014
..... of 2000 as per summons procedure that was as per the law as on the date of commencement and conclusion of the trial though subsequently by n.i.(amendment) act 55/2002 came into force with effect from 06.02.2003 incorporating section 143 with non-obstanti clause mandating commencement of trial as summary trial case vide ..... m.a.ghani v. p.rami reddy7 referring to air1989sc630and 1991(1) aplj17sc) it was held under section 114 of the indian evidence act, section 27 of general clauses act and section 106 of transfer of property act regarding the quit notice sent by registered post returned with endorsement 'as addressee absent'; if he is absent for continuous 7 ..... to appeal under section 374 cr.p.c equally to apply to appeal against acquittal, in case of any confusion from article 114 and 115 of the indian limitation act regarding different periods of limitation for appeal against conviction and acquittal. 28) coming to decide what is the procedure to be adopted for an appeal against acquittal .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-21-2014
..... they alone with exclusive jurisdiction with regard to the disposal of the same (section 13-e among sections 13-a to 13-f is introduced in the a.p.prohibition amended act with effect from 12.10.1995).in s.kareemulla v. prohibition and excise sub-inspector, nandyal a single judge of the high court held of the petitioner entitled to ..... a division bench judgment of this high court in p.swarupa v. state of a.p to say said expression was even 7 days after the a.p.prohibition amendment act came into force on 12.10.1995 incorporating section 13-a to 13-f of which section 13-e is relevant referred supra, in saying whether the crime registered ..... of law from all the above expressions laid down are: (i) once there is no specific provision in one act relating to a penal consequence (which include seizure/forfeiture/confiscation of property (section 53 ipc).the specific provision of another similar act cannot be imported to read to say as if it can be said thereby as existed (vide motibhai (supra) .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-23-2014
..... to set up a case of breach of contract, which observations are contained in paragraphs 18 and 19 thus:18. ".contract of guarantee". is defined under section 126 of the indian contract act in the following terms:126. 'contract of guarantee', 'surety', 'principal debtor' and 'creditor' - a 'contract of guarantee' is a contract to perform the promise, or discharge ..... making non-available work-fronts as alleged by the petitioner and the counter allegations that the advance bank guarantee was with all defects and it was thrice amended and the valid advance bank guarantee was submitted only on 30-04-2012 and even work performance guarantee was also with defects and it was only rectified by ..... amending it, which was submitted on 01-09-2012 would all may amount to breach of terms and conditions of the work order, and further, reciprocal obligations .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-17-2014
..... it is submitted, on behalf of the respondents, that the government of hyderabad state, by notification dated 06-11-1949, had the hyderabad land revenue act, 1317 fasli was an act to amend and consolidate the orders and regulations relating to l article 366(21)(a) of the constitution of india, as it originally stood, defined rajpramukh to mean, ..... ".scheduled areas". within the state the power conferred on parliament, under para 7 in part-d of the vth schedule to the constitution of india, is to amend if the scheduled areas (part-b states) order dated 07.12.1950 was issued on the basis that the subject 23 villages form the moot question, therefore, ..... an excluded or partially excluded area, all legis the cabinet missions statement dated 16-5-1946 mentions the excluded and partially excluded areas, and the tribal the indian independence act, 1947, which came into force on 18.07.1947, provided for the setting up in india of two independ in the constituent assembly, when the provisions relating .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on : May-15-2014
..... the matter does not come even under the explanation which was introduced on the same day i.e. on 15.3.2003 by way of the amendment by the same amendment act, as it is nobody's case that the goods bought and used by the respondent herein and the services availed by the respondent were exclusively for the ..... complaint. the appellants contended that they disputed ex. a5 and a-6 and the district forum erred in holding that the respondents booked three german made machines and three indian made machines, in absence of any documents thereof. 13. the learned counsel for the respondents has filed written arguments. 14. the points for consideration are (i) ..... appellants opened a stall in the exhibition organized at chennai. on 20.04.2011,the first respondent and one pradeep made enquiry with the appellants about the machines, indian made automatic side cutting cable chain machines. 7. the respondents booked three machines in the name of three persons and issued cheque for rs.40,000/- towards advance .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-09-2014
..... offence. these two applications on the even date i.e., on 11.06.2014 were returned, with an observation that the offence under section 354 ipc is non-compoundable (as per the a.p. (amendment) acts, 6 of 1991 and 3 of 1992). it is impugning the same and by seeking permission to compound the present petition is filed.3. no ..... years but which shall not be less than two years and (ii) also in the schedule-i cr.p.c. by the amendment act 3 of 1992 with effect from 15.12.1992 making the amended section 354 ipc as a cognizable offence, non-bailable offence and as triable by the court of sessions besides non-compoundable under section 320 cr.p. ..... justice b. siva sankara rao criminal petition no.9567 of 2014 order : this matter involves to decide whether section 354 ipc (after criminal law amendment act, 13 of 2013 which came into force) with effect from 03.02.2013 with consequential amendment in the schedule-i cr.p.c. is still a non-compoundable offence and triable by court of sessions and whether .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-05-2014
..... . earnest exports ltd., the bombay high court explained the scope of section 254(2) of the act as under: section 254(2) empowers the tribunal to rectify a mistake apparent from the record and for that purpose to amend any order passed by it. the supreme court has held in its judgment in honda siel power ..... difference between the cost of construction admitted in the assessment and the value determined by the superintendent be not treated as unexplained investment under section 69b of the act. reply was filed by the appellants on 20-04-1996 taking an objection to the very attempt to reopen the assessment. not satisfied with that, the ..... the hon'ble sr.justice l. narasimha reddy) these two appeals are interrelated. the respective appellants are brothers.they are assessees under the income tax act, 1961 (for short the act).they jointly constructed a godown near suryapalem village of vijayawada between 1991 and 1992. in the returns filed by the appellants for the corresponding years.the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-31-2014
..... through pa holder v rahul kumar agarwal , wherein it was held thus (para 7): it may be true that a statutory amendment of a rather cognate provision, like section 115 of the civil procedure code by the civil procedure code (amendment) act, 1999 does not and cannot cut down the ambit of high court 's power under article 227. at the same time, ..... . there is no recital in the deed of second firm that it was reconstituted in pursuance of first firm or first firm was dissolved. section 91 of the indian evidence act, 1872 reads thus:91. evidence of terms of contracts, grants and other dispositions of property reduced to form of document:- when the terms of a contract, or ..... regn.no.659/89, the petitioner herein is not admittedly a partner and that firm has not been dissolved in terms of section 63 of the indian partnership act, 1932 (for short the partnership act), that the firm bearing regn.no.4680/92 is constituted for specific purpose and for developing only one property, , that the o.p. under .....
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