Court : Andhra Pradesh
Reported in : 2004(5)ALD322
..... the above narration of events the following facts emerged:1) the premises in which the tenant was originally running a hotel was acquired by the devasthanam for the construction of 'queue complex' under a master plan and under the provisions of the land acquisition act and the owner concerned was paid the compensation. 2) the ..... permanent lease. what all the note says was that the tenant was asking for permanent lease and when the specified authority agreed to provide alternative site for construction of a building by the tenant himself, he came up with alternative proposals wherein he did not seek permanent lease. the representation of the tenant wherein he ..... order issued by the executive officer is not in conformity with the resolution passed by the specified authority. 25. secondly, after demolition of the canteen premises for construction of queue complex, in the year 1977, considering the request of the tenant, the board agreed to provide an alternative premises to the tenant to run the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]110CompCas193(AP)
..... the petitioners placed reliance on m. harichandra prasad v. chitturi krishna-murthy : 1997(1)alt23 , wherein this court held as follows :'pleading should receive a liberal construction. there may be many instances wherein the pleadings are incomplete, but during trial the parties place many materials before the court either directly touching the actual controversies between ..... fabricated one. it is his specific case that while he was functioning as member of parliament he left blank signed papers with the manager at hyderabad for railway reservation purpose and on one such paper the leave letter was brought into existence. a xerox copy of the letter seemed to have been produced before the ..... that sri hari rao having seen him asked mr. e. satyanarayana murthy and tallapudi subba rao who are with him to hand him over to the railway police who in turn handed him over to the local police before whom he gave the above statement. no information is forthcoming whether the police registered a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD500
..... was read over, translated in telugu and explained to buggaiah and therefore it should require very strong reasons to believe that buggaiah was not aware of the contents. while constructing the will, there may be commissions, omissions and errors and unless they tend to be vague they cannot render the will invalid, if the bequeath is clear and categorical ..... was not doing any business and therefore it is improbable that such statement should have been made in ex.b.97 will. it is well-settled principle of construction of wills that in ascertaining the intention surrounding circumstances are to be considered and the court is entitled to place itself into the testators armschair and is bound to ..... he applied for allotment of a house site on the ground that he was a poor man and the government allotted him a site at saidabad where subsequently he constructed a house. it was also suggested to p.w.1 that at agapalli, buggaiah was having a bullock cart and when he came to secunderabad, his mother was .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(2)ALT799
..... any general rule for determining whether a provision is imperative or directory. 'no universal rule', said lord campbell l.c., can be laid down for the construction of statutes, as to whether mandatory enactments shall ba considered directory only or obligatory with an implied nullification for disobedience. it is the duty of courts of ..... of central excise, calcutta v. national tobacco company of india limited, : 1978(2)elt416(sc) the supreme court has said;'it is well established rule of construction that a power to do something essential for the proper and effectual performance of the work which the statute has in contemplation may be implied.' (see craies on ..... follows:'that the deeming provision in paragraph 6 (2) of the tenth schedule attracts an immunity analogous to that in articles 122(1) and 212(1) of the construction as understood and explained in keshav singh's case (spl. ref. no. 1, : air1965sc745 ) to protect the validity of proceedings from mere irregularities of procedure. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALD715; (2005)ILLJ980AP
..... both to the employer and employees and advance the progress of the industry by bringing harmony and cordial relations between the parties. it is also well known rule of statutory construction that tribunals/labour courts should be considered to be endowed with such ancillary or incidental powers as are necessary to discharge its functions effectively for the purpose of doing justice .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP234; 2004(1)ALD757; 2004(2)ALT94
..... the definition of 'minor mineral' as defined in the act, would go to show that the legislature has clubbed the minerals that are required locally more particularly minerals used in construction activity and defined them as 'minor minerals'. the act confers power on the state government to regulate the development and mining of minor mineral quarries. rule 9-w is a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD43; 2003(3)ALT143
..... in the said case, the appellant, who was the owner of the land on apprehension that her land will be occupied by the ministry of works and hydraulics for construction of new road in violation of her fundamental right under the constitution of guyana applied to high court for redress under article 19 of the constitution of guyana. a question ..... 's land was completed.therefore, the privy council observed:by the time when the land owner's appeal was heard by the court of appeal, the circumstances had changed. construction of the new road on the land had been completed. what had been done, even if it were unlawful, could not be undone. in those circumstances, a money ..... alt 1 (db), (which was affirmed in state of a.p. v. ch.ramakrishna reddy, : (2000)5scc712 ), s. seshaiah v. state of a.p., : 1994(1)alt60 , and chairman, railway board v. chandrima das, : 2000crilj1473 , and nazeer sahab v. bibi jan, : 1994(3)alt131 , of this court. it is necessary to refer to a few of them. the subject of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALT315
..... sanctuaries namely yadurapattu and nelapattu)9. aquaeulture industry/shrimp culture industry/shrimp culture ponds other than traditional and improved traditional may be set up/ constructed outside the coastal regulation zone as defined by the crz notification and outside 1000 metres of chilka and pulicat lakes with the prior approval of ..... 544.04. bod at 27c 81.05. cod 227.0------------------------------------73. in regard' to municipal corporation, vijayawada, it is stated that the corporation has constructed stp of 6 mgd capacity and at present the corporation is utilizing 4.5 mgd capacity only. the corporation is utilising the treated effluents for on ..... , heavy matters and pesticides. the pollution from the sewerage generated from vijayawada municipal corporation is almost negligible and sewage treatment plants have already been constructed and are in operation. the sewage from other municipal towns is also being regularly monitored by the pollution control board.37. in the counter, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALT673; [2001]106CompCas338(AP); (2001)3CompLJ379(AP)
..... following the literal meaning of the enactment where that meaning is in accordance with the legislative purpose (in the code called a purposive-and-literal construction), (b) applying a strained meaning where the literal meaning is not in accordance with the legislative purpose (in the code called a purposive-and-strained ..... construction). 32. it is further a well settled principle of law that when an order is passed by one court, the doctrine of amity or comity of ..... of both the statutes. for the aforementioned purpose, recourse to the rule of purposive construction may be necessary. in francis bennion statutory interpretation, second edition, as regards the rule of 'purposive construction', it has been stated at section 304 as under : a purposive construction of an enactment is one which gives effect to the legislative purpose by- (a) .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(6)ALT472
..... possession of the plaintiff.3. the defendants played fraud on the authorities by suppressing the fact that the road leading to papavinsanam was laid and gogarbham dam was constructed in 1959-60 in item no. 3 of plaint-a schedule and that they neither claimed compensation nor asserted the title over the said property.4. the ..... the plaintiff, but the defendants are ubayadars for the said festival. he also conceded that they are the mirasidars for 'narnasamkeerthanam'. they also conceded that gogarbham was constructed by the plaintiff about 50 years back in the suit land. he also conceded that the plaintiff laid road leading to tirumala from papanasanam through part of item no ..... started asserting that the suit lands were granted to their ancestors and they are in possession and enjoyment of the property. the laying of the road to papanasanam, the construction of gogarbam water dam, gosala, office of t.t.d. (mention the correct name) and parveti mantapam by t.t.d. is an indication that the .....
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