Court : Andhra Pradesh
Reported in : 2007(4)ALD388; 2008(1)ALT520
..... to initiate or intervene in actions, although by the narrow rule of 'locus standi', such a course could not have been justified {see p.807 - new york university law review, vol. 46, 1971). in fact, citizen organisations have recently been campaigning for using legal actions for protection of community interest, broadening, the scope of ..... fair price shop dealer has been convinced by a court of law in respect of contravention of any order made under section 3 of the essential commodities act, 1955 (central act 10 of 1955) relating to any of the commodities mentioned in the schedule to this order, the appointing authority, shall, by order in writing, ..... tiles and marble (p) ltd. v. francies victor coutinbo : [1980]3scr235 , the supreme court interpreted the expression 'person aggrieved' appearing in the land acquisition act, 1894 and held:thus, the preponderance of judicial opinion seems to favour the view that the definition of 'person interested' must be liberally construed so as to include .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP274
..... the appellant has, however, strenuously urged that as the partition deed itself cannot 'effect' the properties comprised therein because of section 49(a) of the registration act and as its reception as evidence of the transaction of partition is interdicted by section 49(c), partition becomes non-existent as a fact. we consider this ..... earliest partition was evidenced by an unregistered partition deed will not render proof of the factum of that partition by other evidence inadmissible under section 91 of evidence act, because this section excludes oral evidence only if proof of a contract, grant or other disposition of property.(15) however, a division bench of this court, ..... properties by metes and bounds were allotted to each of the sharers under it. it was, however, not registered although sec. 17(b) of the registration act required it to be registered. it was a non-testamentary instrument which purported or operated to create or declare right, tittle or interest in immovable property of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1990ACJ878; AIR1990AP11
..... monthly instalments and avoidance of lump sum payment would reduce substantially the burden on the insurer and consequently of the insured. in nav. bharat builders v. pyarabai 1985 ace cj 79, c.s. dharmadhikari, j. speaking for the division bench of the bombay high court held that :'it cannot also be forgotten that provision ..... bearing aap 2448. his widow, the 1st respondent, minor son and father laid the claim under s. 110-a of the motor vehicles act (act iv of 939), for short 'the act' for a sum of rs.44,200/-. the tribunal below found that the death was due to rash and negligent driving of the driver; ..... it has become incumbent to all the tribunals concerning determination of the compensation, be they motor accidents claims tribunals or civil courts, dealing under the acquisition or requisition act, etc. to follow the above procedure so that thepersistent criticism against the courts would be effectively silenced........... the procedureindicated (by this court) has been transformed into .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD798; 2006(1)ALT20; III(2007)BC35; [2006]68SCL532(AP)
..... therefore, unable to find much substance in the submission made on behalf of the petitioners that while the recovery of debts due to banks and financial institutions act was in operation it was uncalled for to have yet another legislation for the recovery of the mounting dues. considering the totality of circumstances the financial ..... economic progress followed by a large number of other consequential ill effects. considering all these circumstances, the recovery of debts due to banks and financial institutions act was enacted in 1993 but as the figures show it also did not bring the desired results. though it is submitted on behalf of the petitioners ..... the recovery of monies lent by them to the borrowers. in fact, there are several other statutes, covering different financial institutions (e.g., state financial corporation act) for expeditious recovery of debts. the reasons, perhaps, are mainly two-fold-firstly, the borrowers may be trying to delay or evade repayment of the amounts .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALT39
..... the contentions of the disciplinary authoritythe claim statement also refers to the fact that in reply thereto, the disciplinary authority, vide proceedings dated 14-11-1985, informed that the workman was afforded every reasonable opportunity to defend himself, a copy of the proceedings of the enquiry together with the findings of ..... a person of questionable/doubtful integrity and such a person had no place in financial organizations like banks, the disciplinary authority, vide proceedings dated 30-9-1985, tentatively proposed imposition of punishment of dismissal from service. the workman, while being informed that he was entitled to a personal hearing on the proposed ..... . during the course of personal hearing the workman submitted a written statement, on 25-10-1985, which was taken into consideration. while holding that the workman was guilty of the charge levelled against him, that the act of misconduct committed by him was prejudicial to the interests of the bank, that the workman .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(1)ALD238
..... approached the defendants personally and through mediators, they have been putting it off due to internal quarrels between them though he was got ready with the money by 31- 3-1985. he kept the amount idle for long time due to the procrastination of the defendants. it is further stated that the defendants are trying to recile from the said ..... . even though it has been pleaded and profused by the plaintiff that he had been ready to perform his part of contract in having sale deed, he had not acted diligently in issuing registered notice to the defendants as could be seen from ex.a2 notice dated 14-2-1986, though he has to pay the balance sale consideration of ..... rate, the plaintiff is not entitled to enforce the specific performance of the entire contract since the case falls within the ambit of section 15 of the specific relief act as the plaintiff by his conduct has made it impossible for the court to give effect to the contract in its entirety and it is also no justification in compelling .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1988]63CompCas328(AP)
..... charged is excessive is no longer available. it is not disputed that it affects the pending proceedings also though the act came into force on february 15, 1985. thus, it is clear that the usurious loans act is no longer applicable to any debt due to a banking company'.9. it is also made clear in the ..... transaction between the bank and the debtor on the ground that the interest is excessive. this provision is inserted by section 24 of the banking laws (amendment) act, 1983 (act i of 1984), obviously to get over the plea of the usurious sting in the rate of interest charged by the bank. before getting into the thick ..... rustom cavasjee cooper v. union of india [1970] 40 comp cas 325 (sc) (bank nationalisation case), the constitutional validity of the banking companies (acquisition and transfer of undertakings) act was questioned. regarding the connotation of the expression 'banking' it was held as follows (page 351) : 'the expression 'banking' is not defied in any indian statute except .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(2)ALD198; 1999(2)ALT341
..... the normal charges with accrued interest as on that date, for making representation for waiver of penal charges. for that, the petitioner vide his letter dated 17-11-1985 stated that there was no necessity to make any payment, since there was excess amount lying in the account of the petitioner, he also requested for reconciliation of the ..... accordingly, the petitioner deposited the said amount in the court as directed. meanwhile, the petitioner also filed a writ petition in wp no.4578 of 1996 questioning the act of selling the fishing vessels. however, this hon'ble court refused to entertain the writ petition, as the same relief was already sought for in os no.105of 1996 ..... the rate prescribed as per the demands raised from time to time, the respondent no. 1 exercised the right provided under section 123 of the major port trust act and consequently seized the two trawlers for the purpose of selling them in public auction after expiry of 5 days from the date of receipt of notice. but the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(3)ALD94
..... consequently, ail the rights, liabilities and duties of the transferor company-acl shall stand transferred to and vested in the transferee company-ccl without any further act or deed and all the liabilities and duties of the transferor company-acl shall become the liabilities and duties of the transferee company-ccl and the transferor ..... of instant coffee.3. the transferee company ' the consolidated coffee estates (1943) limited was incorporated on 19-11-1943 under the provisions of the indian companies act, 1956 and with effect from 12-6-1967 its name was changed to consolidated coffee limited (for short, 'ccl') and is an existingpublic company within the ..... petition under section 394 of the indian companies act, 1956 for approving the scheme of amalgamation of the petitioner company m/s. asian coffee limited (for short, 'acl') with m/s. consolidated coffee limited (for short, 'ccl').2. the petitioner company-acl was incorporated on 4-11-1985 as a public limited company. its registered .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(4)ALD723
..... first defendant demanding to cease and desist from using the plaintiff's trademark eenadu. the first defendant issued a reply notice dated 8-3-1985 asking for a copy of the copyright registration certificate only, without disputing the material allegations contained in the plaintiffs notice dated 27-2-1995 ..... deals with copyright. section 13 provides thus:works in which the copyright subsists :--(1) subject to the provisions of this section and the other provisions of this act, copyright shall subsist throughout india in the following classes of works, that is to say- (a) original literary, dramatic, musical andartistic works; (b) ..... was published on 10th august, 1974 at visakhapatnam. the newspaper eenadu was registered with the registrar of newspapers for india under press and registration of books act. the said newspaper is currently being published simultaneously from 12 centres, namely, visakhapatnam, hyderabad, vijayawada, tirupati, anantapur, karimnagar, rajahmundry, suryapet, guntur, .....
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