Court : Andhra Pradesh
Reported in : 2002(1)ALD67; 2002(2)ALT534
..... of the ceo reads thus:the chief executive officer, in exercise of the powers conferred under section 54(3) of the wakf act, 1995 conducted an enquiry by deputing the surveyor and inspector-auditor to inspect the spot and submit the factual report and the surveyor and inspector-auditor after joint inspection submitted the report that the schedule property is part and parcel of 21-1-1098 which is wakf ..... placed on such a reference is in the proviso, wherein it is laid down that after the list of wakfs is published by the commissioner under sub-section (4) of section 6 of the act then the dispute has to be made to the tribunal within one year from the date of publication and the tribunal is precluded from entertaining the dispute after ..... issue or dispute is determined by the tribunal at the first instance, the highcourt, in exercise of the power under the proviso to sub-section (9) of section 83 of the act gets jurisdiction and can go into the correctness, legality or propriety of such determination and may confirm, reverse or modify such determination or pass such ..... if it has reason to believe that any property of any trust or society registered in pursuance of the indian trust act, 1882 or under the societies registration act, 1860 is wakf property and upon such enquiry if it has satisfied that it is a wakf property, it may call upon the trust or society either to register such property under the act as wakf property or show cause why such property should not be so registered. ..... 1947 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP274
..... as section 91 of the indian evidence act excludes oral evidence only in proof of the terms and not of its existence as a fact, of a contract, grant or other disposition of property, no reference was made to that section in the judgment nor to the full bench decision which related to its ..... then, dealing with the import of the decision of the full bench and of the privy council he pointed out : 'the full bench were dealing with a suit for ejectment and recovery of possession of specific properties where the plaintiff could succeed only by proving ..... the prior partition as a fact is established by such evidence , the plaintiff's suit for a fresh partition of the same properties cannot lie, as pointed out by the privy council in (1946) 1 mad lj 295 : (air 1946 pc 51) and by the division bench in (1947) 1 mad lj 90 : (air 1948 mad 26). ..... (19440 2 mad lj 164 : (air 1944 mad 550 fb) and (1946) 1 mad lj 454 (456) : (air 1946 mad 534 ) appear to have come to a conclusion which cannot be said to be compatible with the decision of the privy council the scope of which has been explained by a division bench of the madras high court in (1947) 1 mad lj 90 : (air 1948 mad 26) . ..... hereafter in this court, we may have no consider whether the full bench decision in 1944 2 mad lj 164 : ( air 1944 mad 550 fb ), is good law after the decision of the judicial committee.in a later decision in (1947) 1 mad lj 90 : (air 1948 mad 26), a division bench of the madras high court consisting of patanjali sastri, j. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(5)ALD566
..... age of fifty-eight years by following the procedure for compulsory retirement under the rules applicable to him;explanation :-the assessment and evaluation by the high court of andhra pradesh for the purpose of this sub-section is in addition to and independent of the assessment for compulsory retirement that may have to be undertaken at any other time under the relevant rules applicable to such members of the andhra pradesh state higher judicial service ..... on a reading of the plain language of the above reproduced provision, the argument of sri prakash reddy that the petitioner could have been retired under proviso to section 3(1-a) of the act only after following the procedure prescribed under the 1991 rules for imposing the penalty of compulsory retirement appears attractive, but on a deeper examination, we do not find any merit in ..... state of bihar (supra), the supreme court emphasized the need for fairness and justness in performing the inspection and making the entries in the confidential rolls of the judicial officers and observed:the very power to make such entries as have potential for shaping the future career of a subordinate officer casts an obligation on ..... explanation to this rule clarifies that the assessment and evaluation by the high court for the purpose of sub-section (1-a) of section 3 is in addition to and independent of the assessment for compulsory retirement which may be undertaken at any other time under the relevant ..... petitioner's date of birth is 11-7-1947. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(1)ALD133; 2007(1)ALT383
..... the appellant is a land-grabber the first respondent must aver and prove both the ingredients- the factum as well as the intention-that the appellant falls in the categories of the persons, mentioned above [clause (d) of section 2 of the act], has occupied the land in dispute, which belonged to the first respondent, without any lawful entitlement and with a view to or with the intention of illegally taking possession of such land or entering into the land ..... of lands or for construction of unauthorized structures thereon, or who collects or attempts to collect from any occupiers of such lands rent, compensation and other charges by criminal intimidation, or who abets the doing of any of the above mentioned acts, and also includes the successors in interest.2(e) 'land-grabbing' means every activity of grabbing of any land (whether belonging to the government, a local authority a religious or charitable institution or endowment including a wakf, or any other private person ..... implication does not prevail in this country and the decisions in the province of bombay case (supra) and director of rationing and distribution case (supra), and the subsequent decisions applying the rule to the construction of indian acts should not be followed. ..... the said principle has been reiterated by the privy council in bombay province v. ..... bombay municipal corporation air 1947 pc 34. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(2)ALT352
..... into the validity of regulation 104 made by the maharashtra state board in exercise of its powers under section 36 of the maharashtra secondary and higher secondary education boards act, 1965 which provided that 'no revaluation of the answer-book or supplements shall be done' and mat 'no candidate shall claim, or be entitled to revaluation of his answers or disclosure or inspection of the answer-books or other documents as these are treated by the divisional board as most confidential' ..... as already pointed out by me earlier, under sub-section (2) of section 11 of the andhra pradesh state council of higher education act, 1988, one of the functions entrusted to the state council is 'to conduct entrance examination for admission to institutions of higher education and ..... every candidate who has appeared for any such examination and who is dissatisfied with his results would, as an inherent part of his right to 'fair play' be entitled to demand a disclosure and personal inspection of his answer scripts and would have a further right to ask for revaluation of his answer papers. ..... the vice- chancellor of any university or the principal, regional engineering college, warangal, as the case may be, as nominated by the state council of higher education for each academic year for the purpose of conducting the entrance test. ..... in 'nuclear physics' by irving kaplan (first indian edition -1978 at page 219) fe having the atomic mass of 55.95 is shown as having binding energy per ..... ) (1947 (2) all .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP229
..... order: viz one non-brahmin (hindu),one member of the schedule castes,one muhammadanone non-brahmin (hindu),one non-brahmin (hindu).one muhammadan.one anglo indian or christian or non- asiatic,one non- brahmin (hindu),one brahminone anglo-indian or christian or non- asiatic,one non-brahmin (hindu).one brahmin,explanation: the expression 'non-brahmin (hindu)' shall include every community other than the brahman ..... in toal disregard of the rules and the rights of the petitioners arbitrarily fixed, the dates of probation; (d) that the rules made in section 241 of the government of india act corresponding to article 309 of the constitution which rules, after the inauguration of the constitution were kept in force by virtue of articles 313 and 372 of the constitution have been infringed; (c) that even if ..... however, the criterion which was held to apply in the above decision of the privy council is not the general status of the person or body of persons by whom the impugned decision is made but the nature of the process by which he or they are empowered to arrive ..... in that case the existence of a public purpose for requisitioning of property under section 3 of the bombay land requisition ordinance v of 1947, was held not to be a judicial or a quasi-judicial decision, but ..... need for posting any of them arises, when the candidates concerned may be withdrawn from training and posted and that they were to undergo magisterial training first and then revenue inspection and survey training. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(3)ALD597; 2003(4)ALT645
..... ensure that the adoption in question is best in the interest of the child,(25) that the child has been voluntarily surrendered by the biological parents/ parent,(26) to ensure and satisfy itself that no one, including indian as well as foreign agencies concerned are making any profit out of the adoption in question,(27) to scrutinize the undertaking from foreign adoptive parents that they would provide necessary education and up bringing according to ..... of the inconsistency in the guidelines and ignoring the judgment of the supreme court the foreign enlisted agencies started directly approaching the placement agencies in india and are trying to take the indian children in adoption with their connivance and active support of vaca and cara officials, who are simply putting their seal of approval on these adoptions without bothering whether the procedure ..... .(27) the central and concerned state government department officials shall invariably conduct annual inspection of the records and accounts of cara, vaca and placement agencies to find out ..... 2009 of 2002 as guardians of a minor girl under sections 7 - 10 and 26 of the guardians and wards act, 1890 to permit them to take her to the united states of america (usa) and to adopt her as per ..... 4.17, a very complicated procedure is prescribed in case of a child found abandoned or picked up as a destitute by a social or child welfare agency or a nursing home or hospital or the police or anyone else.72 ..... new delhi municipal council, : ( .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1954CriLJ1378
..... clearly this case is totally different from the case under consideration.in air 1947 pc 67 (f)', their lordships of the privy council have laid down that section 27 of the indian evidence act should be interpreted in a way as not to make the preceding sections 25 and 28 infructuous. ..... lie knew that a knife was concealed in the roof of his house and if the knife had been used in the commission of the offence it will be a very relevant fact.in this privy council case their lordships of the privy council' held admissible the statement that 'i have concealed the spear and will show where i have concealed it' and held inadmissible the statement that 'i have committed the murder with the spear'. ..... elaborate argument addressed to me clinch the questions involved in this appeal into two categories : (1) whether the appellant committed murder, and if so, can he as well be convicted for the offence under section 201(2) if it be held that the offence of murder cannot be held as established against the appellant, whether the evidence on the record was sufficient to sustain his conviction for the lessor offence.21. ..... 1 after inspecting and identifying the body went to paithan and laid first information with the officer-in-charge of the police station who recorded his statement and forwarded it to the magistrate at paithan ..... learned district and sessions judge has formed this opinion not only on the deposition of the investigating officer and many a prosecution witness but also on his inspection. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1963AP168
..... raja seth swami dayal, air 1922 pc 17 their lordships of the privy council dealing with the interpretation of section 60 of the transfer of property act, observed at page 19 that 'the section is unqualified in its terms, and contains no saving provisions as other sections do in favour of contracts to the contrary and that there is no sufficient reason for withholding from the words of the section their full force and effect,' and that 'even if it (i.e. ..... , the mortgage) were an anomalous mortgage, its provisions offend against the statutory right of redemption conferred by section 60, and the provisions of one section cannot be used to defeat those of another unless it is impossible to effect reconciliation between them'.to the same effect arc the observations of the supreme court in raj krusbna v ..... it was held that all that was necessary under the terms of section 544 (corresponding to order 41 rule 4) is that the decision appealed against should have proceeded on any ground common to all ..... at any rate, unless forced as a necessary consequence of the spelling out of the intention of the legislature, one section cannot be used to dereat another section unless it is impossible to effect a reconciliation between them. ..... sub-rule (3) makes the provisions of section 5 of the indian limitation act, 1877, applicable to applications under sub-rule (2) rule 10 lays down the procedure in case of assign-meat before the final order in the suit. ..... sashi kumar, air 1947 cal 453 took, a contrary view .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1975)IILLJ148AP
..... the provisos contained in the indian evidence act, 1872 are applicable as per section 1 thereof only to judicial proceedings ..... the following features are discernible from a reading of the relevant provisions contained in the andhra pradesh civil services (disciplinary proceedings tribunal) act, 1960 (referred to hereinafter merely as 'the act') and the rules made thereunder known as the andhra pradesh civil services (disciplinary proceedings tribunal) rules, 1961 (referred to hereinafter merely as 'rules'):(a) the tribunal for disciplinary proceedings consisting of one or ..... technical rules of evidence characterised as the child of jury system contained in their statutorised form in the indian evidence act, 1872 are applicable only to judicial proceedings in or before a court, but they are not applicable to proceedings before the chairman of the tribunal ..... there any merit in the complaint that the entire enquiry was vitiated by the non-observance of section 162 of the code of criminal procedure as that provision of law has no application to the proceedings ..... she was promoted in the year 1947 to the gazetted post of senior matron, and in the year 1954, to the posit of assistant director nursing in medical and health department, and she continued in that post even subsequent to the formation of the andhra pradesh to which state she was ..... director of medical and health service (nursing) was directed to be dismissed from service ..... the year 1937 in the former hyderabad state as a staff nurse. .....
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