Court : Andhra Pradesh
Reported in : AIR1990AP294
..... contract and the arbitrator misdirected himself by not considering this objection of the state before giving the award.....'. reference was also made to the decision of the privy council in champsey bhara & co. v. jivraj balloo spinning & weaving co., ltd. air 1923 pc 66 where it was held that the award of an ..... 59, the contractor is precluded from claiming any compensation on account of delays or hindrances arising from any cause whatever, including those arising on account of the acts or omissions of the departmental authorities.....'.23. in this context, we must refer to two conflicting decisions of this court, though they are not strictly relevant ..... either by the agreement or by the tetters aforesaid, it submitted, the contractor cannot claim any compensation. reliance was placed upon section 55 of the contract act, and the several terms and conditions of the agreement, including clauses 58 and 59 of the andhra pradesh detailed standard specifications (apdss). it denied that the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(3)ALD690
..... of the person who has executed the conveyance in the latter case. the principle underlying the former case is also statutorily recognized in section 82 of the indian trusts act, 1882, which provides that where property is transferred to one person for a consideration paid or provided by another person and it appears that such other person ..... the same is binding on the defendant also.26. in sahu madho das v. mukand ram, air 1955 sc 481, the supreme court observed that where the privy council has construed a certain document namely a will, though the decision is not binding on a person, not a party to the litigation, yet, the decision operates ..... by defendant that they were validly executed, but he tries to interdict the documents on the ground that these documents executed nominally and they were never intended to be acted upon. it is only to save the impending land legislations, such documents were executed. therefore, these documents cannot confer any right on the plaintiff to claim the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD(Cri)32; 2000(3)ALT585; 2000CriLJ5044
..... begin when a charge is preferred before it and not until then. in emperor v. khwaja nazir ahmad, air (32) 1945 p.c. 18. the privy council speaking through lord porter observed that:'in their lordships' opinion however, the more serious aspect of the case is to be found in the resultant interference by the court ..... proceedings on the file of the xvii metropolitan magistrate, hyderabad were initiated against the biological e. limited under sections 120-b, 418, 415 and 420 of the indian penal code and upon an application filed under section 482 of the criminal procedure code, a learned single judge of this court by judgment dated 15-2-1999 in criminal petition ..... be considered that the only powers possessed by the court are those expressly conferred by the criminal procedure code, and that no inherent power had survived the passing of that act. no doubt, if no cognizable offence is disclosed, and still more if no offence of any kind is disclosed, the police would have no authority to undertake .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALT70
..... is no doubt the general rule, radha kunwar v. reoti singh air 1916 p.c. 18, where their lordships of the privy council observed that the joinder of such parties was irregular and could only tend to confusion. so it was held in monmohini ghose v. ..... of the cause of action, separate suits did not lie.21. in ramdhan puri v. lachmi narain their lordhsips of the privy council speaking through sir george rankin at page 44 observed:the dispute with reference be property no. 2, the smaller share in this ..... apart from the executants of the documents, the witnesses, or attestors, to the same, are required to be examined. the evidence act does not extend the facility of mere filing of the documents and drawing an inference, as to proof thereof, except where they fall ..... (delhi administration) v. pali ram : 1979crilj17 , the apex court observed:just as in english law, the indian evidence act recognizes two direct methods of proving the handwriting of a person:(1) by an admission of the person who wrote .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1985)49CTR(AP)66; [1985]156ITR386(AP)
..... four years. the assessment was completed on the basis of the returns, but, thereafter, necessary proceedings were taken under s. 34 of the indian i.t. act, 1922 ('the 1922 act'), to reopen the assessments for the purpose of including the amounts of the said interest in the relative assessments of the said four years on ..... and he holds such monies in a fiduciary capacity. the case of a solicitor falls, in our opinion, within the provisions of section 94 of the indian trusts act because he has not the whole beneficial interest in such moneys. he must, therefore, hold such moneys for the benefit of the persons having such beneficial ..... the assessee to receive any further payment for the professional services rendered earlier. therefore, it is not possible to hold that merely because the assessee is a medical practitioner, the gift received by him is towards the services rendered especially when the professional services have been suitably compensated earlier'. 22. in the course of their .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD362; 2003(3)ALT787
..... filed his written statement denying execution of the agreement and receipt of payments thereunder as alleged in the plaint, and contending that since he was undergoing medical treatment from several years and since there was litigation and disputes between him and the members of the various branches of his joint family, he could not ..... with notice of the contract or a gratuitous transferee of the property. thus, the equitable ownership in property recognised by equity in england is translated into indian law as an obligation annexed to the ownership of property, not amounting to an interest in the property, but an obligation which may be enforced against ..... relying on the observations in bai dosabai v. mathurdas, : [1980]3scr762 reading-'but the ultimate and penultimate paragraphs of section 40 of the transfer of property act make it clear that such a contract creates an obligation annexed to the ownership of immovable property, not amounting to an interest in the property, but which .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1987)64CTR(AP)79; [1987]168ITR164(AP)
..... of the nature of revenue ?' the facts leading to the two references in question in brief are as follows : the assessee-company is a registered company under the indian companies act. it entered into an agreement with messrs. l. a. mitchells ltd., manchester, united kingdom, on october 12, 1961, according to which the english company was ..... to be uneconomical. while considering the question whether the sum was a capital or revenue receipt, the supreme court considered several english rulings apart from certain indian decisions and held that the amount received by the assessee was liable to tax as a revenue receipt. the business which the assessee was carrying on was ..... to capital gains tax in the event of holding that the said amount constitutes a capital receipt. the expression 'transfer' defined in section 2(47) of the act is as follows : 'transfer', in relation to a capital asset, includes the sale, exchange or relinquishment of the asset or the extinguishment of any rights therein .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP431
..... , central railway, hyderabad.22. in our considered opinion, these pronouncements do not afford much of a guidance in the pre-sent context since the acts of the deputy direction involved in these petitions come within the scope of another equally well-recognised principle that notwithstanding that a principal is not amenable ..... several notifications issued bearing on the requisitioning of foodstuffs is questioned, their main attack is concentrated on some of the provisions of the essential commodities act as also on the relevant notifications.at the outset, it may be mentioned that most of the petitions concern requisitions made under the price control ..... as income-tax officer on special duty by the indian income-tax investigation commission under section 6 of the travancore taxation on income (investigation commission) act (14 of 1124) read with act xxxiii of 1950. in the year 1949, the travancore legislature passed an act modelled on act xxx of 1947 and styled, as the travancore taxation .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2005)BC262
..... ex. a-3 are clear and categorical, this oral evidence cannot be given much weight, especially in the light of the bar imposed by sections 91 and 92 of the indian evidence act, 1872. i have given my anxious consideration to all the findings recorded by the learned senior civil judge, kavali, who in fact had dealt with the evidence of d ..... court or the said findings are to be confirmed in the facts and circumstances of the case.in lakshmiah v. kothandarama, air 1925 pc 181, their lordships of the privy council held:a purchase in india by a native of india of property in india in the name of his wife unexplained by other proved or admitted facts is to be ..... settle the matter, the defendant could not send the reply. the plaintiff is the sister's daughter of defendant. this defendant studied his m.b.b.s., degree in a medical college at kakinada whereas dr. sujatha was studying m.b.b.s. course at thirupati in 1970. they fell in love and decided to marry. but it was not intimated .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP250; 2004(2)ALD451; 2004(2)ALT546
..... twin formula for achieving the social revolution, which is the ideal which the visionary founders of the constitution set before themselves. in other words, the indian constitution is founded on the bedrock of the balance between parts iii and iv........ this harmony and balance between fundamental rights and directive principles is an essential ..... of a vulnerable citizenry; its deprivation would be universally perceived as a misfortune.right to life:92. section 2(d) of the protection of human rights act, 1993 (act 10 of 1994) defines 'human rights' that the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied ..... their original position.'52. this is exactly the purpose and intendment sought to be achieved by the a.p. assigned lands (prohibition of transfers) act, 1977 (act 9 of 1977). the various conditions imposed in the patta prohibiting transfers and alienations of assigned lands by the landless poor persons are required to be .....
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