Court : Andhra Pradesh
Reported in : 2000(5)ALD177; 2000(5)ALT15
..... meaning of article 12 of the constitution of india and, therefore, writ lies against the said education society. but before reaching ajay hasia 's case (supra), let university also consider other decisions rendered by the supreme court previous to this case.15. in sabhajit tewary v. union of india, : (1975)illj374sc , the question that ..... management of the bhel has provided infrastructure facilities namely building, furniture to the institution. the bhel education society was registered in the year 1985 under the hyderabad public societies registration act and after its registration, the management and administration of the bhel higher secondary school which was vested in the hands of the managing ..... them to serve as employees of the education society by striking down the bhel education society. as already referred above, the bhel society was registered in 1985 when the management of the school committee was came to be vested in the hands of the society. at that point of time, the employees .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2008]145CompCas483(AP)
..... cmp no. 524 of 2007 requesting this court to receive as additional evidence the proceedings of sub-collector, rajahmundry, dated 6.9.1985 whereby the non-judicial stamps worth rs. 3,350/- were treated as spoiled under indian stamp act and a refund thereof was ordered after deduction of 10% of the value. he further contends that the readiness and willingness of ..... specified in ex.a1 only to reduce the interest on the debts. as referred to above, the first act of the plaintiff in pursuance of ex.a1 was only under ex.a2-telegraphic notice issued at 8.25 p.m. on 26.2.1985 i.e., in the evening prior to the due date. even ex.a2 is not unequivocal and it ..... the date fixed for payment of balance of sale consideration, the plaintiff has, for the first time, acted only by issuing a telegraphic notice-ex.a2 at 8.25 p.m. on 26.2.1985 (just a few hours before the expiry of the dead line) and further the suit was filed on 16.11.1987 i.e., just on the last .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(1)ALT708
..... petition and he did not explain in his affidavit as to why there was enormous delay in filing the present petition when the suit has been instituted on 6-04-1985, appending ex.a-1, suit agreement and when the evidence of the respondent-plaintiff was recorded as early as on 20-07-1990 and consequently, he opined that the petition ..... 1944 madras 337., held that the minor who was represented by his guardian does not answer the description of transferor occurring under section 53-a of the transfer of property act, nor does he claim under the transferor, as such, he is entitled to recover the possession of the property agreed to be conveyed by his guardian. on appeal, the ..... on behalf of the minor and their lordships expressed their full agreement with the passage found in pollock and mulla's indian contract and specific relief act, edn. 7, page 70, which is extracted hereunder:'it is, however, different with regard to contracts entered into on behalf of a minor by his guardian or by a manager .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD672; 2007(5)ALT375
..... of the code, questioning the legality or validity of the compromise. reference in this connection may be made to the cases smt. tara bai v. v.s. krishnaswamy rao air 1985 kar. 270; s.g. thimmappa v. t. anantha : air1986kant1 , bindeshwari pd. chaudhary v. debendra pd. singh : air1958pat618 ; mangal mahton v. behari mahton air 1964 pat. ..... of order xliii, rule 1(m), an appeal was maintainable against an order recording or refusing to record an agreement, compromise or satisfaction. but by the amendment act, that clause having been deleted, the result whereof is that no appeal is maintainable against an order recording or refusing to record an agreement or compromise under rule ..... lawful.7. section 2 of the code of civil procedure deals with definitions.section 2(2) of the code of civil procedure defines 'decree' as in this act, unless there is anything repugnant in the subject or context,'decree' means the formal expression of an adjudication which, so far as regards the court expressing it, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(6)ALT670
..... covered by the agreement is to be partitioned is mentioned. when the defendant did not honour the agreement the plaintiff filed the suit o.s.no. 29 of 1985 seeking specific performance of the agreement dated 28-4-1983.3. at the stage of arguments the petitioner filed three i. as., i.e., i.a.nos. ..... in order to consider the arguments advanced by both the counsel it is necessary to refer to sections 39 and 47 of the a.p. court fees and suits valuation act. section 39 reads as follows:-'suits for specific performance:- in a suit for specific performance, with or without possession, fee shall be payable:(a) -------------------------(b) -------------------------(c) ..... it is incapable of valuation. hence, fixed court fee is payable under section 39(e) read with section 47 of the a.p. court fees and suits valuation act. he relied on the judgment of the madras high court in manikkam v. murugesam, air 1933 madras 431. while the learned counsel for the respondent reiterated his .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(2)ALT127
..... addition to such basic defence, vendor can also oppose a suit for specific performance by taking other grounds as per sections 12, 14, 15, 16 and 19 of specific relief act 1963. in a given case subsequent purchasers or persons, who acquired ostensible right or interest subsequent to agreement, may also take such pleas, but when once execution is admitted by ..... v.v.s. rao, j.1. defendants 3 and 4 are appellants. feeling aggrieved by judgment and decree in o.s. no. 13 of 1985 dated 30-3-1990 passed by the court of subordinate judge, penukonda, this appeal is filed. plaintiff and defendants 2 and 5 to 7 are arrayed as respondents. during pendency ..... /-and requested venkatamma to execute registered sale deed. she did not perform her part of contract. on 2-2-1985 plaintiff issued suit notice. venkatamma did not give any reply. defendants 3 and 4 issued reply notice dated 15-2-1985 denying execution of suit agreement by first defendant. they alleged that venkatamma executed a will on 14-6-1966 and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(5)ALD734; 2008(6)ALT589
..... . being a coordinate branch, the judiciary never strikes down or quashes an incompetent unconstitutional legislation (see prabodh verma v. state of u.p. : [1985]1scr216 ). it only declares legislative enactment ultra vires. when a law is declared ultra vires, the same does not stand removed from statute book of state ..... (b) secured aggregate of 59.25 marks. notification was issued on 07.10.2003. at that time andhra pradesh scheduled castes (rationalisation of reservations) act 2000 (rationalisation act, for brevity) providing classification of sc candidates into a, b, c & d categories, was in force. in compliance thereof employment notification was issued ..... the andhra pradesh scheduled castes (rationalisation of reservations) rules, 2000 (rationalisation rules, for brevity) were also made thereunder. the ordinance and later rationalisation act was challenged before this court as being violative of article 341 and articles 14, 15 and 16 of constitution of india.8. the full bench in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : IV(2005)ACC847; 2005(4)ALD840; 2005(5)ALT50
..... behalf of minors for the benefit of minors is valid under law. as the defendants did not settle the claim, the plaintiffs wrote a letter on 24-1-1985 and sent all the documents to the concerned ministry of shipping in the government of india. as the defendants did not settle the plaintiffs claim so far, they ..... in detail had been recorded. there is no serious controversy that the plaintiffs were minors at the relevant point of time.20. section 3 of the marine insurance act 1963 dealing with the marine insurance definition reads as under:marine insurance defined:-the contract of marine insurance is the agreement whereby the insurer undertakes to indemnify the ..... the port authorities. the boat was insured with the defendants company. but the insurance is subject to the fact that all material particulars are disclosed, and the insured acts bona fide and faithfully. in the first instance the defendants have no knowledge that the plaintiffs are minors at the time of contract. as the minors had no .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(4)ALT822
..... challenge in this appeal. learned additional sub-judge allowed the appeal filed against the judgment and decree passed by the learned principal district munsiff, srikakulam dated 6-5-1985 dismissing the suit. the respondent - the andhra pradesh state electricity board-in this appeal is the plaintiff. the suit was filed for recovery of rs. 4 ..... by the andhra pradesh state electricity board from time to time or the provisions of any law touching this agreement including the electricity (supply) act, 1948, the indian electricity act and rules there under.this agreement shall remain in force until it is terminated as above indicated. in computing the periods of 10 years and ..... facts such a contention is not available to the appellant. the law is also settled that by virtue of section 49 of the electricity supply act, 1948 (in short 'the act') the board has got powers to frame regulations which in itself contains the power to vary the terms unilaterally, however, subject to the limitations .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2010AP1; 2009(6)ALT565
..... dated 29-07-1981 as alleged by the defendant no. 2?4. whether the property was bequeathed by md. ghouse khan under the will dt. 25-02-1985 to the defendants and others?5. whether the defendants are in exclusive possession and enjoyment of the property?6. whether the plaintiffs are entitled to partition of the ..... himself enjoyed some material benefits.21. such is the importance, accorded to the family settlements, by the courts. sub-section (24) of section 2 of the indian stamp act defines that term as under:'settlement' means any non-testomentary disposition, in writing, of movable and immovable property made.(a) in consideration of marriage,(b) for the purpose ..... in it. he contends that a family settlement is not required to be registered and the trial court committed error in taking the view that it cannot be acted upon, for want of registration and deficiency of stamp duty. the learned counsel further submits that being a party to the family settlement, the second respondent cannot .....
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