Court : Andhra Pradesh
Decided on : Feb-28-2014
..... or sub-section (3) shall apply to any proceeding pending in appeal before the supreme court or a high court. section 537 (prior to its substitution by the companies (second amendment) act, 2002 - 537 - avoidance of certain attachments, executions, etc., in winding up by or subject to supervision of the court - (1) where any company is being wound ..... worth rs.12 crores for a period of five years, which were in turn mortgaged with the indian overseas bank, chennai. the applicant states that when the unit of the company in liquidation was sold by sbi under the sarfaesi act, the property of the applicant was also sold treating it as an immovable property of the ..... mortgagor is a company in liquidation.24. though the language of section 17 of the sarfaesi act suggests that the right to appeal thereunder is only against the measures under section 13(4) of the act but the supreme court in authorized officer, indian overseas bank vs. ashok saw mill (2009) 8 scc366has held that the remedy under .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-11-2014
..... the state electricity board, fell within the language of explanation 4; and was a ".public servant". under section 21 ipc. clause (12) of section 21 ipc, as it stood after the criminal law (amendment act) 1958, was amended and renumbered as clause (12)(b) after deleting the words ".engaged in any trade or industry". and explanation 4 ..... appellant therein was a public servant within the meaning of the twelfth clause in section 21, indian penal code, as it stood after the criminal law (amendment) act, 1958 (act 2 of 1958).under explanation 4 to section 21(12) ipc the expression ".corporation engaged in any trade or industry". included a banking, insurance or financial corporation ..... such, was not a ".public servant". under section 21(12)(a) ipc. till the criminal law (amendment) act, 1958 (act no.ii of 1958) was put on the statute book, section 21 ipc consisted only of eleven clauses. clause 12 was introduced by the aforementioned act and read : 'every officer in the service or pay of a local .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-22-2014
..... , admittedly, certified copy of the agreement was already filed by the other side along with the plaint ?.11. the arbitration and conciliation act, 1996 is an act enacted to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation ..... within the meaning of section 63 of the act. at first sight or on first appearance, the judicial authority has to satisfy whether there is any ..... facie has to see at the stage of section 8 of the act is whether there is any arbitration clause in the agreement or not. when original agreement is filed, it is primary evidence within the meaning of section 62 of the indian evidence act, 1872, and when certified copy is filed, it is secondary evidence .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-29-2014
..... that the impugned order of assessment must be set aside as entry 2 of the firs.schedule can neither be amended nor circumscribed except in accordance with section 79 of the vat act, or by way of a legislative amendment. a division bench of this court, in espi industries & chemicals pvt.ltd.v.commercial tax officer, tarnaka: ..... during general anaesthesia. ".nitrous oxide". is used as an anaesthetic. both ".nitrous oxide". and ".medical oxygen". are clearly identifiable, and are used as surgical aids. (indian oxygen ltd.v.state of karnataka ; southern gas ltd.5).going by the user test and the functional test, it is evident that medical oxygen and nitrous oxide serve ..... denied that it is a medicine and a pharmaceutical preparation since the use of abbreviation 'ip' against the word 'oxygen' means that it is included in the indian pharmacopoeia (emphasis supplied).as is evident, from the aforesaid judgments, ".medical oxygen". has 99.9% purity of purified oxygen and its use is only for treatment .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-21-2014
..... other source and to meet the ends of justice if necessary by filing an affidavit before the supreme court of india, for amending the order of supreme court of india, at 2nd instruction at page 24, for deleting our land admeasuring to an extent ..... , learned senior counsel 6.1. w.p.no.22184 of 2009 is not maintainable as the petitioners therein, by way of amendment in w.p.m.p.no.3495 of 2013, are seeking to assail the earlier orders of this court in w.p.no ..... deceived, the second condition is satisfied. [see vimla (dr.) v. delhi admn.1 and indian bank v. satyam fibres (india) (p) ltd.2].9. a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. it is ..... storys equity jurisprudence, 14th edn., vol. 1, para 263: fraud indeed, in the sense of a court of equity, properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-04-2014
..... the bar under section 29 of cr.p.c. of outer limit of fine of rs.10,000/-(amended and substituted for rs.5,000/- by the cr.p.c. amendment act of 2006) as was earlier, after this provision section 143 introduced thereby of no application. it was ..... cheques in favour of the complainant and the same were filled and misused. from that, the cheque was from his account maintained with the indian overseas bank, kothagudem, which was admitted by the accused. for his saying what he borrowed is only rs.35,000/- and therefrom given ..... name of the father of the accused is one k.narayan das. it is also proved through pw.2, the chief manager of indian overseas bank that ex.p.3 cheque relates to the account no.603 of the accused and his proprietary concern name is fashion n ..... accused, ex.p.3 is cheque, dated 19.11.1997, ex.p.4 is cheque return memo, dated 21.11.1997, issued by indian overseas bank, kothagudem, ex.p.5 is another legal notice, ex.p.6 is postal acknowledgement, ex.p.7 is legal notice, dated .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-22-2014
..... when a document is admitted, no court including the appellate court has jurisdiction to reopen the issue of admission of such document. reliance was placed on section 36 of the indian stamp act in support of such proposition. in shyamal kumar roy, supreme court considered the contention to reopen issue of admissibility of a document where initially no such objection was raised .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-30-2014
..... held that the scheme of the provisions under section 163a and 166 are distinct and separate.19. where in chapter xi, section 158(6) is also by the amended act,54/1994 incorporated of the information regarding accident involving the death or bodily injury recorded or report contemplated by a police officer in charge of a police station. sub- ..... to under section 140 or 163a or 166 concerned, it is by virtue of incorporation of section 166(4) by the amended act that, the tribunal shall treat the report as an application for compensation under this act and not specifically under section 166 it is only to take as is appropriate, to say even it is hit and run ..... liability, as maintainability of claim is one thing proved or not proved or disproved as contemplated by the general principles and as defined in section 3 of the indian evidence act is other thing. leave apart, even in case of negligence of the victim once claim is maintainable under section 163-a to plead and prove, there is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-02-2014
..... by 10-11-2013 and as such members are to be elected under section 3 (1) (b) of the indian medical council act before 31- 08-2013. it was also informed that indian medical council rules, 1957 as amended in 1980 would be applicable for electing a member under section 3 (1)(b) and pursuant to the said notice, ..... be referred to the central government whose decision shall be final. as per rule 25 (1) of the indian medical council rules, 1957 as amended by virtue of powers conferred by sections 4 and 32 of the indian medical council act, 1956, the central government may, on objection made by a candidate for any election within a period of ..... ".medical faculty". and constitute ".faculty". as per section 25 of the dr. ntr university of health sciences act, 1986, for directing the 2nd respondent to frame appropriate rules pursuant to amendment to section 3 (1) (b) proviso of indian medical council ordinance, 2013 for laying down the procedure for election of members from health universities, and for .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-02-2014
..... by 10-11-2013 and as such members are to be elected under section 3 (1) (b) of the indian medical council act before 31- 08-2013. it was also informed that indian medical council rules, 1957 as amended in 1980 would be applicable for electing a member under section 3 (1)(b) and pursuant to the said notice, ..... be referred to the central government whose decision shall be final. as per rule 25 (1) of the indian medical council rules, 1957 as amended by virtue of powers conferred by sections 4 and 32 of the indian medical council act, 1956, the central government may, on objection made by a candidate for any election within a period of ..... ".medical faculty". and constitute ".faculty". as per section 25 of the dr. ntr university of health sciences act, 1986, for directing the 2nd respondent to frame appropriate rules pursuant to amendment to section 3 (1) (b) proviso of indian medical council ordinance, 2013 for laying down the procedure for election of members from health universities, and for .....
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