Court : Andhra Pradesh
Decided on : Dec-23-1960
Reported in : AIR1961AP534
..... view of law, the conveyance in question is neither binding on the defendant or his sons nor is capable of specific performance under the provisions of the specific relief act. judged from any point of view, there is no force in this appeal. it is therefore dismissed with costs.19. this appeal having been set down this day for ..... immovable property, in spite of want of registration, can be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act. judged in that manner, the plea that the document in inadmissible in evidence or that in order to render it admissible, steps should have been taken for its registration by ..... been established nor is it proved that the agreement dated 6-1-1952 is true and binding on the defendant. the learned subordinate judge also held that the letter dated 10-7-1947 which was acted upon by the plaintiff must afford a complete answer to any claim for partition of the suit property. the above findings, one and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-04-1960
Reported in : AIR1963AP87; 1963CriLJ142
..... mentioned his having caused the death and that the information contained in the first information report is, therefore admissible under section 27 of the evidence act. shrivastava, j. (single judge) further held that for the purpose of section 27, the word 'custody' does not necessarily mean detention or confinement and that submission to custody ..... , exs. p-3 and p-4, were inadmissible in evidence and should be rejected.learned public prosecutor on the other hand, contends that the sessions judge was not justified in rejecting these recoveries or the information given by the accused, inasmuch as when the information was given, the accused had submitted himself ..... contention, viz., that the information and the recoveries are inadmissible in evidence.10. the sessions judge considered the contention that the information and the recoveries do not fall within the purview of section 27 of the evidence act, inasmuch as the information was given prior to the accused being taken in custody. this .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-16-1960
Reported in : AIR1961AP1
p. chandra reddy c.j. 1. this is a reference by the chief judge, court of small causes, hyderabad, under section 58 of the hyderabad stamp act, (iv of 1331 fasli) corresponding to section 60 of the indian stamp act.2. the circumstances under which the reference is made may be briefly set out. a suit was filed in the court of small ..... paper of o. s. rs. 7/8/0 which is more than sufficient. hence no penalty can be levied'.as the correctness of this ruling was doubted by the chief judge, he made this reference.6. the question that calls for decision in this reference is whether the instrument falls under article 24(a)(ii) of the schedule to the hyderabad ..... stamp act or under clause (viii) of that sub-section. this depends upon the interpretation to be placed on the two relevant clauses. it is convenient here to read both the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-07-1960
Reported in : AIR1961AP245
..... which will be o general application and courts have to guard themselves against laying down any principle which might in other cases work very great hardship.'the learned judge continued:'even in cases of two tanks in the same village the practice may differ according to the exigencies of the situation.'he also referred of passages in ..... the statute was to make more easy the establishment of rights of this description by allowing an enjoyment of twenty years, if exercised under the conditions prescribed by the act, to give, without more, a title to easements. but the statute is remedial and is neither prohibitory nor exhaustive,'in this case, it has been affirmatively established ..... the water in question was not flowing in a stream and as such the right of casement could not be acquired by reason of section 17 of the indian easements act, (2) since the plaintiffs have an alternative source of irrigation, there is no question of an easement of necessity which alone could be enforced; and (3) .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-27-1960
Reported in : AIR1961AP387
..... 98/52 on the file of the said court.2. the o. p. in question was filed directly in the subordinate judge's court, guntur by the 1st respondent herein under section 18(1) of the land acquisition act (i of 1894) and under section 151, civil procedure code. the facts out of which this revision has arisen may be briefly stated ..... to the first respondent is enjoined on him by reason of section 18(1) of the act.10. in the circumstances, the remedy by filing an o. p. under the land acquisition act before the subordinate judge's court was clearly misconceived; the learned subordinate judge has no jurisdiction whatsoever to decide the points arising in the o. p. and that ..... in the property acquired by him, did not make a reference under section 18(1) of the land acquisition act.accordingly, the first respondent filed the present o. p. no. 98/52 directly in the court of the subordinate judge, guntur, praying to set aside the award made by the land acquisition officer, to declare the first respondent as .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-13-1960
Reported in : AIR1961AP31
..... was whether the respondent could resist the appellant's suit for possession of the property though his claim for pre-emption was barred under article 10of the limitation act. the learned judge referred the matter to a bench for an authoritative pronouncement as he felt that the two sets of rulings relied on by either side in support of the ..... view.they held that where a suit for pre-emption by the defendant would be barred by limitation under article 10 of the limitation act, it could not form a valid ground of defence. the learned judges pointed out that the right of pre-emption is an inchoate right and in order to be completed it might be exercised and, ..... by the operation of section 28. except the above statement, there is no other discussion on this question nor have the learned judges considered the bearing of sections 54 and 60 of the transfer of property act on the enquiry before them. they also assumed that the right of pre-emption involved interest in the property, while in fact .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-1960
Reported in : AIR1962AP162
..... on the original side was tried by the small causes court. in a revision preferred under section 25 of the act it was held by the learned judge that since the decree of the court below was passed interfere in revision. it does not appear from a persual ..... (13) in their referring order it is observed by sankaran nair j. as follows at page 325:'i agree therefore with the learned judges in ilr 27 mad 477 that the principle of the express provision in sec. 646 (b) c.p.c. should be followed in ..... were over ruled by the district munsif, who passed a decree in favour of the plaintiff. on appeal by the defendant to the subordinate judge of eluru, this decree was set aside. the plaintiff applied to the high court in revision under section 622 c.p.c. (now ..... justice that the high court is not bound to allow the point to be taken for the first time in revision. the learned judge observed that as the point was being constantly taken for the first time in the high court in similar revision petitions, he .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-07-1960
Reported in : AIR1961AP313
..... however, that, such notice shall not be necessary where the services of such person are dispensed with on a charge of misconduct supported by satisfactory evidence recorded at an inquiry held for the purpose.' (2) the person employed shall have a right to appeal to such authority and within such time as may be prescribed either on the ..... if i may say so with respect, set out the correct position in law of an order made under section 41 (2). there arc several other recent decisions of single judges of the madias high court vide : balnsundara mudaliar v. ellappa mudaliar, (1957) 1 mad lj 7, dhandapani v. salem co-operative wholesale stores, (1959) 1 mad ..... from 7-8-1952 as per ex. a-2.the appellant thereafter appealed to the appellate authority under section 41 (2) of the madras shops and establishments act (madras act xxxvi of 1947) against this order of retrenchment the labour commissioner, madras heard both the parties and set aside the order of the retrenchment passed against the appellant .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-08-1960
Reported in : AIR1961AP159
..... satisfaction granted leave to the minors to refer the matter to arbitration. the matter alone was referred to the arbitration on 24-9-1945. the award after due inquiry was made on 21-11-1945 by the arbitrator and it was filed into court on 22-11-1945. the 21st defendant, the brother of the present plaintiff ..... provided there is substantial compliance with the rules readi as a whole and provided no prejudice ensues; and when the legislature does not itself state which is which judges must determine the matter and, exercising a nice discrimination, sort out one class from the other along broad based commonsense lines.....' it was held that there was ..... agree to accept it that may be recorded as a compromise under order 23, rule 3 c. p. c. the learned judges observed:- '.....the arbitration award obtained otherwise than in proceedings taken in accordance with the act cannot without more be recognised as a compromise or adjustment of the suit; [hat no decree can be passed thereon under .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-01-1960
Reported in : AIR1961AP229
..... and whether a writ of certiorari would lie. bhagwati, j. thought that it was not necessary to determine this question, because in fact the government had instituted an inquiry against the committee and its president and gave full opportunity to both of them to defend themselves. das, c. j. s. k. das and kapur, jj. ..... the appointments should be made under rules or a statute of the appropriate legislature, and in so far as the judiciary is concerned the appointment other than district judges should he made in consultation with the state public service commission and the high court exercising jurisdiction in the state, so that appointments according to him, are ..... the government can enter into contracts with others for carrying out the work concerned. if the printing of books involves the expenditure of money and the appropriation act for that year shows this item of expenditure, that affords a complete answer to the objection that monies out of the consolidation fund cannot be expended without .....
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