Court : Andhra Pradesh
Reported in : 2007(3)ALD173; 2007(2)ALT386; [2007(114)FLR253]
..... is procedure something designed to facilitate justice and further its ends not a penal enactment for punishment and penalties; not a thing designed to trip people up. too technical a construction of sections that leaves no room for reasonable elasticity of interpretation should therefore be guarded against (provided always that justice is done to both sides) lest the very means designed ..... of the rule of substantial compliance instead of strict compliance.(2) the question as to whether a notice under section 80 is valid or not is a question of judicial construction. section 80 of the code is but a part of which the courts may do justice between the parties. it is therefore, merely a part of the adjective law and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1983]53CompCas269(AP)
..... previous state of the law would be permissible for the purpose of aiding in the construction of a new statute if any provision therein is of doubtful import : bank of england v. vagliano brothers [1891] ac 107 robinson v. canadian pacific railway company [1892] ac 481 and mersey docks v. cameron [1865] 11 hlj 443 ..... understood the scope of the application involving nothing more than determination of the quantum of compensation and for the payment of the same.78. executive construction.--the construction placed by the executive, the rule-making authority on provisions of the act while giving effect to the same by making a rule like rule 514 ..... chapter ii with licensing of drivers of motor vehicles. chapter iii with registration of motor vehicles. chapter iv with control of transport vehicles. chapter v with construction, equipment and maintenance of motor vehicles. chapter vi with control of traffic. chapter viii with insurance of motor vehicles against third party risks. chapter ix with .....
Tag this Judgment!Court : Andhra Pradesh
..... trial. the special court on merits held that the writ petitioner acquired a valid title basing on the payment of municipal tax, permission granted for construction of building, payment of non-agricultural assessment and the circumstance of payment of compensation by acquiring the land in road widening in public works department ..... sold it to the father of the writ petitioner under a registered sale deed dated 28.07.1957. it is stated that the writ petitioner constructed the building now existing with the permission of the municipal corporation and the municipal corporation has been collecting property tax and even nonagricultural assessment was done ..... for short, the act') alleging that the writ petitioner unauthorisedly occupied an extent of 1692 square yards in sy.no.43 of bholakpur village, secunderabad and constructed a building and requesting the special court to evict him and deliver the vacant possession and also award compensation for wrongful possession. the respondent therein (writ .....
Tag this Judgment!Court : Andhra Pradesh
..... contract contemplates post-delivery inspection, appropriation of the goods to the contract only happens after inspection; and a mere endorsement on the railway receipts does not transfer title. the rule of construction, applicable to all written instruments, is that the instrument must be construed as a whole in order to ascertain the true ..... that (a) there was no sale in the course of inter-state movement, as title did not pass during movement; (b) on a proper construction, the supply and erection contracts demonstrate an indivisible single composite works contract where title passes during incorporation; there cannot be a transit sale in an indivisible ..... design, engineer, manufacture, test and supply the material ex-works; however, by a separate agreement, the petitioner was required to engineer, design, procure, and construct the civil and structural works based on the data provided by the owner and erect, install, start up, test and commission the owners equipment issued to contractor .....
Tag this Judgment!Court : Andhra Pradesh
..... the language of the act in order to achieve the purpose which the legislature had in placing this legislation on the statute book. the act, therefore, must receive a liberal construction so as to promote its objects. the supreme court in esi corporation, hyderabad v. jayalakshmi cotton oil products (p) ltd.,( ) has observed that the esi act is a social security legislation ..... lr1448]. 21.1 it is well settled that the statement of objects and reasons, thus, need to be looked into though not by itself necessarily act as an aid to construction unless it is necessary. to assess the intent of the legislature in the event of there being any confusion, statement of objects and reasons can be looked into and no .....
Tag this Judgment!Court : Andhra Pradesh
..... shall consider necessary for the transport of crude oil, to be produced by it, to the refinery at barauni. the supreme court held that this would indicate that the construction of the pipeline was undertaken by the petitioner in pursuance of the agreement, and that it was for the specific purpose of transporting crude oil to barauni from assam; ..... of the act. it was strenuously contended on behalf of the revenue, however, that since the tribunal has found that there was no prior stipulation between the western railway and the applicant company in the contract of sale itself providing for the despatch of goods from sabarmati to bombay, the movement of goods could not be held to ..... of sale. in english electric co.v.dy. c.t.o., the appellant sent the goods directly from the madras branch to the buyer at bhandup, bombay. the railway receipt was made in the name of the bombay branch to secure payment against delivery. there was no question of diverting the goods which were sent to the bombay .....
Tag this Judgment!Court : Andhra Pradesh
..... india?. the answer to all these questions can only be in the negative. xiii. interpretation of statutes: courts should lean in favour of a construction which would uphold the constitutionality of the statutory provision:73. if registration of multiple complaints, and multiple investigations being caused pursuant thereto, by different police ..... so that its constitutionality is upheld. (aslam mohammad merchant v. competent authority96). the rule of presumption in favour of constitutionality, as a principle of construction, is that if two meanings are possible then the courts will reject the one which renders it unconstitutional and accept the other upholding the validity of ..... whether or not there is sufficient ground for proceeding, may direct the police to investigate. (anju chaudhary4; srinivas gundluri v. sepco electric power construction corporation116). it is then the duty of the officer in charge of the police station to register the fir regarding the cognizable offence disclosed by the .....
Tag this Judgment!Court : Andhra Pradesh
..... the memory of his wife in the land as well as the land he bought. he and his three sons were buried in the place and a mosque was also constructed later. in 1944, the government statedly acquired the land and urban improvement board initiated steps to sell it by dividing into plots. this was assailed in a writ petition ..... which are pious, religious or charitable, answers description of all the ingredients of wakf. (6) even if the grant of the land is for rendering service to wakf, the construction of mosque or khankah on the land itself is sufficient proof of dedication to wakf. (7) when once the property is held to be wakf, it always retains its character ..... 551). but in the instant case since the building in the nature of a mosque was built a clear case of dedication has been made out. once the mosque was constructed it stood dedicated to god and all the right, title and interest of the owner got completely extinguished. (emphasis supplied) in islam religion, a takia is a place where .....
Tag this Judgment!Court : Andhra Pradesh
..... the memory of his wife in the land as well as the land he bought. he and his three sons were buried in the place and a mosque was also constructed later. in 1944, the government statedly acquired the land and urban improvement board initiated steps to sell it by dividing into plots. this was assailed in a writ petition ..... which are pious, religious or charitable, answers description of all the ingredients of wakf. (6) even if the grant of the land is for rendering service to wakf, the construction of mosque or khankah on the land itself is sufficient proof of dedication to wakf. (7) when once the property is held to be wakf, it always retains its character ..... 551). but in the instant case since the building in the nature of a mosque was built a clear case of dedication has been made out. once the mosque was constructed it stood dedicated to god and all the right, title and interest of the owner got completely extinguished. (emphasis supplied) in islam religion, a takia is a place where .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT71
..... no. 901 municipal administration and urban development (m1) department dated 31.12.2007 titled 'the andhra pradesh regulation and penalization of unauthorizedly constructed buildings and buildings constructed in deviation of the sanctioned plan rules, 2007'. the aforesaid go is applicable to the existing buildings in the jurisdiction of the municipal ..... , which were meant for individual residential buildings were converted into residential apartments out of 241 and 23 buildings, which were initially permitted for construction of individual residential buildings were converted into residential cum commercial buildings. the reasons for such lapses were also noted in the report, which primarily ..... of the unauthorized site/plot under the relevant rules to the competent authority.(m) regulation and penalization shall not be done for the constructions made within the building line of major roads of width 80 feet and above within the limits of greater hyderabad municipal corporation, greater .....
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