Court : Andhra Pradesh
Reported in : 2008(6)ALD780
..... the view that the securitisation act has got overriding effect over the kerala buildings (lease and rent control) act and parties are governed by the securitistion act and not by the rent control act.6. ..... person (including borrower), aggrieved by any of the measures referred to in sub-section (4) of section 13 taken by the secured creditor or his authorised officer under this chapter, may prefer an appeal to the debt recovery tribunal having jurisdiction in the matter within forty-five days from the date on which such measures had been taken. ..... in hutchison essar south ltd's case (1st supra), learned judge of karnataka high court while dealing with sections 13, 14, 17 and 35 of the act and also sections 69, 69a, 106 and 107 of the transfer of property act, 1882 and certain provisions of the state financial corporation act as well laid down that the banking institution can take only symbolic possession of the premises in ..... the first respondent had made the account as non performing account (npa) as per rbi prudential norms on 31.03.2001 and issued notice under section 13(2) of the act on 05.03.2003 for recovery of the due amount in the loan account and the same was acknowledged by the ..... by the first respondent, preliminary objection had been raised relating to the maintainability of the writ petition and further specific stand had been taken that the petitioner has no locus standi to question the action of the bank, which was taken strictly in accordance with the provisions of the act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT71
..... in the last of the decisions referred to above the supreme court had occasion to consider section 14(1)(e) of the delhi rent control act, 1958 making distinction between premises let for residential and non-residential purposes by restricting landlord's rights to seek eviction of tenant from premises let for residential purposes only ..... the constructions of buildings, made by the owner, or by an individual as the case may be, unauthorisedly or in deviation of the sanctioned plan as on the date of commencement of the andhra pradesh municipal laws and urban areas (development) (second amendment) act, 2008 as a one time measure, as per the procedure and by levying such penal amount as may be prescribed and upon payment of such amount all pending or contemplated proceedings and action of enforcement shall be deemed to have been ..... he also made exclusive reference to the brochure published by the respondents while answering various queries of the citizens regarding the penalization scheme under the chapter 'frequently asked questions' in the said brochure. ..... state of karnataka : air 1991 sc 1117 para 15 thereof ..... state of kerala : air 2001 sc 1409 : 2001 (3) alt 18.1 (dnsc) wherein exemption was granted by the government without there being any recommendations from the greater cochin development authority and the same was held to be beyond the power of the government, as it could not act in the absence of such recommendations by interpreting rule 5 of the rules, which fell for consideration .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALT611
..... that where a public authority is exempted from the operation of a statute like rent control act, it must be presumed that such exemption from the statute is coupled with the duty to act fairly and reasonably. ..... further stated that the law for determining the nature and character of corporation as agencies and instrumentalities of state or otherwise stipulates that even in the case of an entity incorporated under law such as companies act, 1956 where such corporation is wholly controlled by government not only in its policy making but also in carrying out functions entrusted to it by law establishing it or by the charter of its incorporation, there can be no doubt that it would ..... by the impugned judgment dated 4-6-2007, the high court ruled that admittedly hdec had suffered net loss of approximately us $610 million in 2001; that they had earned net profits in 2002, 2003 and 2004; that audited accounts for 2004 were made available only after 10-1-2005 ..... was excluded at the preliminary stage. ..... v. state of karnataka : [1995]3scr329 it was observed at paras 19 and 31 as hereunder:the licencing authority, therefore, is conferred with discretion to impose such restrictions by notification or order having statutory force ..... chapter iv of the securitisation act makes provision for the establishment, functioning and operations of a central registry for the purpose of registration of transaction of securitisation and reconstruction of financial assets and creation of security interest under this act .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALD807; 2004(5)ALT755
..... krishna, : [2002]supp5scr66 , one of the contentions raised before the supreme court was that karnataka rent control (amendment) act, 1994 exempting from the operation of the act premises belonging to religious or charitable institutions regardless of whether such institutions were under the management of state governments which came into force during revision stage of suit for eviction of the respondent, manager of temple against ..... this principle was applied to the landlord and tenant (rent control) act, 1949 in hutchinson v. ..... the appellant appeared before the court and raised a preliminary objection as to the jurisdiction of that court to hear the appeal. ..... the reference to a full bench has arisen because of an objection taken to the hearing of this appeal by a single judge pursuant to the amendment of rule 1(b), chapter i, part i of the high court rules. ..... saraswathamma, : 2001(2)ald605 , while considering the effect of andhra pradesh civil courts act, 1972 (as amended by act 29 of 1997) observed that the amendment to the provisions as amended in act 29 of 1997 was prospective in nature and the amendment provisions have no application to suits already instituted and pending on the file of the competent court of jurisdiction. ..... , : 2001(4)alt270 , held that the amendment act 29 of 1997 had no application to the suits pending in the competent courts, the law as on the date of filing of the suit governs until the disposal of the suit.21. ..... singh, 8th edition, 2001, p.442). .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(1)ALT754
..... advocate general, on behalf of the state and sri lalit the learned senior counsel on behalf of the 10th respondent (in w.p.15419/06) contend that in view of the provisions of section 6 read with the general exceptions (set out in chapter iv, in particular sections 96 - 106 ipc), the first information conveyed to the officer in charge of the police station cannot lawfully be considered as information relating to commission of any offence let atone a cognizable offence. ..... but then we think that it would amount to giving a go-by to section 108 of the gold (control) act, if cases of this type are allowed to be pursued to their logical conclusion, i.e. ..... sets out the power of the magistrate (on receiving a report under section 157 cr.p.c) to direct an investigation, or, if he thinks fit, to at once proceed, or depute any magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in the code.214. ..... aggrieved thereby, the appellant approached the high court, which court by the order dated 10-04-2001 and following an earlier judgment of that court dismissed the appellant's revision. ..... state of karnataka and anr. ..... state of karnataka : 1999crilj2583 and held that notwithstanding the broad power of investigation including the power to make further investigation under section 173 cr.p.c, there was no warrant for subjecting a citizen each time to fresh investigation by the police in ..... state of bihar ; state of karnataka v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALD322
..... the provisions of transfer of property act, therefore, do not apply and no (notice for) termination of the tenancy is required to be issued.having regard to these special provisions, in act 17 of 1966, we are of the view that the provisions of the act, especially the chapter xi of the act are 'local laws' as contemplated under section 106 of the act and a code for the purpose of determination or for 'cancellation' of ..... have examined the report of shri sharma and find that at all stages in respect of all the matters mentioned in the report, the appellant was associated with the preliminary investigation and his versions or explanations were sought for and recorded'.61. ..... from the proceedings bearing the same number and date marked as ex.b1 it is seen that the specified authority was pleased to continue the tenant in the existing places as permanent lessee on payment of prescribed standard rent as originally fixed without any kind of interference by ttd in future also, subject to the withdrawal of all the cases mentioned therein. ..... , as he then was, sitting in a division bench of the karnataka high court explained the concept of tenancy at sufferance in the following words (vide ..... 1802 of 2001, dated 26.11.2001, wherein it was held that 'as rightly pointed out by the devasthanam in their letter dated 26.11.2001, the continuance of the appellant/tenant in the premises in question is not only illegal, but also ..... by order, dated 20.04.2001, the sub-judge dismissed the suit for default.29. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD56; 2001(5)ALT52
..... the accused to object to general court martial on the following grounds : (a) that the accused was previously convicted or acquitted of the offence by competent criminal court or by court martial or has been dealt summarily under sections 80, 83 84 and 85 of the act or that a charge in respect of the offence has been dismissed as provided in sub-rule (2) of rule 22; (b) that the offence has been pardoned or condoned by a competent military authority and (c) that the trial by court martial is barred by ..... the relevant portion from the communication dated 26-2-1996 from the second respondent reads as under:opinion of the general officer commanding andhra, tamil nadu karnataka, kerala and goa area on the court of inquiry proceedings to investigate into the irregularity in fol accounting by 60 coy asc sup type 'g' secunderabad wherein 12000 litres of 87 mt. ..... . section 1, chapter v deals with investigation of charges and remand for trial that is preliminary stage like the court ofinquiry and section 2 of the rules deals with general court martial ..... . during the course of arguments on 21-6-2001 when the matter was partly heard by this bench having regard to the facts that the general court martial of the appellants is commencing on 23-6-2001 we have passed the following order on 21-6-2001 :although we have heard the learned counsel for the appellant due to shortage of time the arguments of mr. b .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(4)ALD163; 2001(4)ALT215
..... section 207, when an application is filed by the person or owner in charge of the vehicle so seized and detained, together with the relevant documents, as is mandatory under sub-section (2) of section 207 of the act, and, thus, the submission made by the learned counsel for the petitioner to the effect that rule 448-b contravenes the express provisions of section 207, that in all such cases, an application must be accompanied with ..... have the slightest hesitation in rejecting the contention that there is any infringement of the fundamental right guaranteed by article 19(1)(g) of the constitution and in upholding the vires of section 129-a of the motor vehicles act.the said decision is a complete answer to the submission of the learned counsel for the petitioners that the seizure must be declared as ultra vires having regard to the fact that thereby the right of ..... in saleem tours and traves case (supra), a divisions bench of this court held that though seizure of vehicles under section 207 of the act for breach of conditions of permit is permissible, such seized vehicles, however, should not be detained for unduly long time till completion of enquiry and determination of tax payable ..... proper or appropriate that the initial jurisdiction of the special tribunal to deal with these jurisdictional facts should be circumvented and the decision of such a preliminary issue brought before a high court in its writ jurisdiction. ..... chapter xiii of the said act ..... state of karnataka, : 1979crilj651 , .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALD1; 2004(5)ALT634
..... a study report of the ex-officio commissioner, minorities welfare, which report in turn relied upon certain material collected by the andhra pradesh minorities commission, a statutory body created under the andhra pradesh minorities commission act, 1998 and therefore there is substantial compliance with the directions given by the supreme court in indra sawahaney's case (supra) as a permanent independent body made an in-depth study into the socio-economic ..... when the provisions of a statute relate to the performance of a public duty and the case is such that to hold null and void acts done in neglect of this duty would work serious general inconvenience, or injustice to persons who have no control over those entrusted with the duty, and at the same time would not promote the main object of the legislature, it has been the practice to hold such provisions to ..... the learned senior counsel, sri gangaiah naidu, that since the muslims are already determined and classified as socially backward by the states of kerala, karnataka and tamilnadu and they cannot be otherwise in the state of andhra pradesh, and they are required to be classified as such, is untenable ..... only an identification tag and a preliminary step in the identification of a ..... . (the reason for taking 1991 census data is that 2001 census data was under finalization, and it may take some more time to make the data available as per the letter dated 23.7.2004 issued by the director of census ..... in chapter ..... ..... .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]110CompCas193(AP)
..... the power to deal with the allegations of oppression of minority shareholders and mismanagement of the affairs of the company under chapter vi of the act were originally vested in the high court till the companies (amendment) act, 1988, came into force with effect from may 31, 1991, whereunder the said power was conferred on the board ..... organs. their lordships opined that the only effective way the members in general meeting can exercise their control over the directorate in a democratic manner is to alter the articles so as to restrict the powers of the directors for the future or to dismiss the directorate and appoint others ..... . 1 and 2 before us) were equally aggrieved against the manner of disposal of the preliminary objection and contended that the company law board ought not to have decided the issue in such a summary fashion and the laconic order passed without objective consideration or assigning any reasons therefor ..... 347. having pronounced the judgment on the merits, i am adjourning the matter to october 29, 2001, to have the views of the parties on the appointment of valuers to value the shares held by ..... it is the case of the respondents that at the meeting of the board dated february 27, 1993, eighteen parcel offices including the offices at mandya and gobi-chettipalayam in the state of karnataka were closed ..... if the original books have not been produced, it is not possible to know whether the entries relating to payment of rent are entries made in the regular course of business .....
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