Court : Andhra Pradesh
..... decree in a.s.no.2638 of 1986. it is relevant to mention here that the remedy of appeal under clause 15 of the letters patent stood removed with effect from 01.07.2002 by virtue of amendments to the c.p.c., through act no.22 of 2002. the present l.p.a. was filed one week earlier to that date; on 24.06 ..... .2002 and accordingly, it was numbered. however, defendant nos.1 to 5 presented l.p.a. (sr) no.49304 of 2002 against a.s.no.915 of 1989 ..... one filed by defendant nos.6 to 8 passed through, whereas the l.p.a. filed by defendant nos.1 to 5 met with the obstruction brought about by act no.22 of 2002. the dismissal of l.p.a. filed by defendant nos.1 to 5 was not on merits. the principle of res judicata enunciated under section 11 c.p .....
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..... setting aside the pattadar pass books and title deeds issued to petitioner no.1. under section 5(5) of the act, against every order of the recording authority either making an amendment or refusing to make such amendment, an appeal shall lie to the revenue divisional officer or any other prescribed authority within a period of sixty days from ..... respondent no.4 who in turn submitted a report which was taken as ror appeal by respondent no.3. this procedure in my opinion is patently contrary to the procedure prescribed under the act and the rules. smt.k.sesharajyam, learned counsel for respondent no.5, has relied upon rule 13(2) of the rules which reads as ..... the petitioners.the husband of petitioner no.1, by name, venkateswar rao, was holding pattadar pass books and title deeds. the said venkateswar rao died in the year 2002. on the petitioners.approaching respondent no.4, he has issued pattadar pass books and title deeds in favour of petitioner no.1. years later, respondent no.5 approached .....
Tag this Judgment!Court : Andhra Pradesh
..... under: ".21. (1) an appeal against every order of the mandal revenue officer either making an amendment in the record of rights or refusing to make such amendment shall lie under sub-section (5) of section 5 of the act, to the revenue divisional officer/sub-collector/assistant collector or such authority as may be notified by the ..... of the petitioner in the year 1990. s.venugopala chari, the husband of respondent no.6, approached the district collector under the right to information act, 2005 (for short 'the rti act') for supply of information relating to the pattadar pass books pertaining to the subject land. the said application was referred by the district collector to ..... tahsildar submitted to him on the application filed by the husband of respondent no.6 under the rti act as an appeal and examine the title over the subject land. he further submitted that respondent no.2 has committed a patent illegality in setting aside the pattadar pass books and title deeds issued in favour of the .....
Tag this Judgment!Court : Andhra Pradesh
..... ramesh ranganathan writ petition nos.21097, 22275, 22276, 22283 & 22318 of2013common order: the question which arises for consideration, in this batch of writ petitions, is whether the amended rule 28 (2) of the andhra pradesh excise (grant of licence of selling by shop and conditions of licence) rules, 2012 (for brevity, 'the 2012 rules').and ..... , para 1474, pp. 906-07; bengal immunity co.ltd.v.state of bihar8; in re mayfair property company9; eastman photographic material company v. comptroller general of patents, designs and trade marks10; national insurance co.ltd.v.baljit kaur11).it is common knowledge that in open places, in and around several a4 retail shops, large scale ..... the policy and lay down a new policy. the court would, therefore, allow free play to the government to evolve policy in the public interest and to act thereupon. the petitioners have no vested or accrued right for issuance of permits nor is the government bound by its previous policy. the government is also not .....
Tag this Judgment!Court : Andhra Pradesh
..... of the factories or manufacturing or processing units." the respondent-authorities, in view of the said insertion, are treating the lpg as being other similar fuels within the aforesaid amendment and thereby they are refusing to allow the input tax credit to each of the petitioners- dealers. accordingly, the respondent-authorities have been assessing the tax and passing ..... andhra pradesh (hereinafter referred to as "state") has issued a notification in g.o.ms.no.503, dated 08-05-2009 amending certain schedules and also rules to the act w.e.f. 01-05-2009. one of the amendments is insertion of clause (q) in rule 20(2) of the andhra pradesh value added tax rules, 2005 (hereinafter referred to ..... the manufacturing unit or processing unit will not be eligible for input tax credit, as per rule 20(2)(q) of the rules, is totally absurd and is patently wrong conclusion arrived at in the factual matrix of each case. it is their contention further that the lpg cannot be covered by rule 20(2)(q) of the .....
Tag this Judgment!Court : Andhra Pradesh
..... court did not possess the jurisdiction to call for a record for satisfying itself about the decision of an appeal being in accordance with law before the amending act. as the amending clause did not seek to explain any pre-existing legislation which was ambiguous or defective or which attempted to explain the meaning of a provision, it ..... regulations 8.7 and 8.8 on the suggestions of the learned attorney general and with the approval of the supreme court was obviously to cure a patent defect or omission negativing the object and purpose of entrustment of statutory duties in this regard to the medical council of india and the supreme court pointed out ..... in its order, dated 08.09.2003, for addition of clauses 8.7 and 8.8 in the indian medical council (professional conduct, etiquette and ethics) regulations, 2002 (for brevity, 'the regulations'). the medical council of india and the central government accepted and approved the suggestions of the learned attorney general of india and a .....
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HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.Nos.1616; 5119 o6. 2-2013 Penmatsa Appala Narasimha Raju and another District Collector,Eluru, West Godavari District and another HEAD NOTE: Counsel for petitioners in W.P.No.5119/2012: Sri C. Ramachandra Raju ^Counsel for petitioners in W.P.No.1616/2012 : Sri K.L.N. Swamy Counsel for respondents (in both the Writ Petitions): Government Pleader for Land Acquisition ?CASES REFERRED:1. 2011(5) AL2. AIR 199.S.C....
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..... circumstances. therefore, the contention of the learned senior counsel appearing for the fifth respondent that by invoking section 15 of the ap act, or section 21 of the central act, the state government has power to amend the sketch is devoid merit and untenable because the government is exercising the power under rule 35a of the rules,1966, which ..... ought not to have permitted the fifth respondent to conduct quarrying operations at any place other than the area for which permission was granted to original lessee. this patent defect has not been noticed by anyone of the officials concerned or the government. the reasons are obvious. consequently, there was total non-application of mind by ..... sreedhar counsel for the respondents: sri c.v.mohan reddy, senior advocate : : cases referred:1. 1996 (1) alt 10.(d.b.) 2) (2002) 1 supreme court case 3. air 198.sc 71.4) (2002) 1 supreme court case 5. (1998) 3 supreme court case 6. air 197.supreme cour 7. air 200.supreme cour 8. air 199.supreme court .....
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..... regularisation of service is set aside. it is, however, made clear that the daily wage employees and others who are covered by section 7 of the 1994 act (amended) and whose services have not been regularised so far, shall be entitled to be considered for regularisation and their services shall be regularised subject to fulfillment of ..... given by the learned single judge while disposing the writ petition and on that ground contends that intra-court appeal is maintainable under clause 15 of the letters patent. (4) we find difficulty in accepting the said submission that there is any contra finding recorded by the successor judge while dismissing the contempt case. the ..... court in midnapore peoples' coop. bank ltd.'s case (1 supra), learned counsel contended that the appeal is maintainable even under clause 15 of the letters patent, as a contrary finding and a different order is passed by the learned single judge, while deciding the contempt case, than the findings reached in the original .....
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..... regularisation of service is set aside. it is, however, made clear that the daily wage employees and others who are covered by section 7 of the 1994 act (amended) and whose services have not been regularised so far, shall be entitled to be considered for regularisation and their services shall be regularised subject to fulfillment of ..... given by the learned single judge while disposing the writ petition and on that ground contends that intra-court appeal is maintainable under clause 15 of the letters patent. (4) we find difficulty in accepting the said submission that there is any contra finding recorded by the successor judge while dismissing the contempt case. the ..... court in midnapore peoples' coop. bank ltd.s case (1 supra), learned counsel contended that the appeal is maintainable even under clause 15 of the letters patent, as a contrary finding and a different order is passed by the learned single judge, while deciding the contempt case, than the findings reached in the original .....
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