Court : Andhra Pradesh
..... . he took into account, the proceedings, dated 02.07.1990 issued by the 1st respondent. revision filed by the petitioner under section 56(1) of the indian stamp act, 1899, before the 1st respondent, was rejected through order, dated 26.07.2006. hence, this writ petition. the petitioner submits that there is absolutely no justification for the ..... possession of property from a lessee. a preliminary decree is to be passed and it is followed by final decree. chapter iv of the transfer of property act, 1882 (for short the act) confers rights and places obligations on the mortgagors, on the one hand, and mortgagees, on the other hand, which are typical and germatone to such ..... underlying the transaction, namely use of the property belonging to the lessor by the lessee, on payment of rent and for a stipulated term. chapter v of the act enlists the rights, which a lessor has against the lessee and vice-versa. termination of lease, on the one hand, and foreclosure/redemption of mortgage, on the .....
Tag this Judgment!Court : Andhra Pradesh
..... scheduled tribes. statutory commissions, such as the commission constituted under section 3(1) of the 2003 act, are conceived in public interest and discharge public functions. their membership cannot be regarded as an instrument for conferring largesse on a chosen few (gorakhpur university ..... justice for the scheduled castes and scheduled tribes, besides being members of the scheduled castes or the scheduled tribes. the commission, constituted under the 2003 act, has been entrusted with several important functions under section 12 thereof with a view to protect and promote the interest of the scheduled castes and the ..... to requisition such information, document and such assistance as may be required from any department of the government for the effective implementation of the provisions of the act. section 12 stipulates the functions the commission is required to perform and, among them, are (a) inquire into complaints of (i) violation of .....
Tag this Judgment!Court : Andhra Pradesh
..... to mandate of articles 14, 16 and 21. they have right to a decent and honorable living. state and its instrumentalities must endeavor to protect and preserve their rights. 13. this ill treatment/neglect is a universal phenomenon. world over, several movements launched to achieve some sort of protection and helping hand, ..... him as driver. 7. learned counsel for petitioners made following submissions: (1) persons with disabilities (equal, opportunities, protection of rights and full participation) act, 1995 (act 1 of 1996) is made as a result of commitment of the government of india in honoring the proclamation on the full participation and equality of the ..... are issued. the policy decisions notified in the form of circular instructions extensively referred hereunder recognize the necessity to extend the provision of section 47 of act 1 of 1996 and to provide for alternative employment as conductor grade-ii subject to educational qualifications or as shramik/routine clerks/record tracers. 52. .....
Tag this Judgment!Court : Andhra Pradesh
..... can be entertained. (gujarat ambuja cement (supra). some exceptions to the rule of alternative remedy have been recognized i.e. where the statutory authority has not acted in accordance with the provisions of the enactment or in defiance of the fundamental principles of judicial procedure etc. (chhabil dass agarwal (supra). the existence of ..... course of export; the branches at secunderabad and cochin are not independent legal entities, but form part of the petitioner, a company registered under the companies act; levy of purchase tax on purchases made by the secunderabad branch, isolating it from the export obligations of the cochin branch, despatch of chillies to the ..... and, under the circumstances, the respondent had levied tax, on purchase of chillies from unregistered dealers, in terms of section 4(4) of the vat act. in the affidavit filed in reply thereto, the petitioner stated that the respondent did not dispute the petitioner's assertion that the chillies, purchased by their .....
Tag this Judgment!Court : Andhra Pradesh
..... to prevent challenge on the ground that the decision is ultra vires and being a complete nullity, it is not a decision within the meaning of the act. the concept of jurisdiction has acquired "new dimensions". the original or pure theory of jurisdiction means, "the authority to decide", and it is determinable ..... the decision rendered ultra-vires or a nullity or one without jurisdiction? if the decision is without jurisdiction, notwithstanding the provisions for obtaining reliefs contained in the act and the "ouster clauses", the jurisdiction of the ordinary court is not excluded. so, the matter assumes significance. since the landmark decision in anisminic ltd. ..... divisional officer, secunderabad, filed l.g.c. no.10 of 1990 against the present writ petitioner under the andhra pradesh land grabbing (prohibition) act, 1982 (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 .....
Tag this Judgment!Court : Andhra Pradesh
..... to certiorari proceedings. we see no reason, therefore, to now relegate the petitioners to the statutory remedy of appeals under the provisions of the ap vat act. ii. are the subject contracts divisible or indivisible contracts? it is submitted, on behalf of the petitioners, that the assessing authority has integrated two ..... be entertained. (gujarat ambuja cement [supra]). some exceptions to the rule of alternative remedy have been recognized i.e. where the statutory authority has not acted in accordance with the provisions of the enactment or in defiance of the fundamental principles of judicial procedure etc. (chhabil dass agarwal [supra]). the existence ..... . the orders, under challenge in these writ petitions, are either assessment or revisional orders passed by the concerned authorities exercising jurisdiction under the ap vat act. this court has been called upon, by learned counsel on either side, to mainly examine whether the impugned orders are without jurisdiction. the enquiry, in .....
Tag this Judgment!Court : Andhra Pradesh
..... arbitral award but before it is enforced in accordance with section 36, apply to a court for an interim measure of protection in respect of (a) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement; (b) securing the amount in dispute in the arbitration; ..... ., hyderabad v. devi trading co.hongkong ; and m/s.east india udyog ltd.v.maytas infra ltd.).the arbitration & conciliation act, 1996 (act 26 of 1996) (for short the act) is an act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration, and enforcement of foreign arbitral awards, as also to ..... and legal issues, involved in videoco.industries8, were very similar to the controvers.involved in the present appeal; the provisions of part i of the act were necessarily excluded being wholly inconsistent with the arbitration agreement which provided that arbitration agreement shall be governed by english law; and since the substantive law .....
Tag this Judgment!Court : Andhra Pradesh
..... or sale of the products of the factory or establishment (2)[or any person engaged as an apprentice, not being an apprentice engaged under the apprentices act, 1961 (act no.52 of 1961),(3)[and includes such person engaged as apprentice whose training period is extended to any length of time]. but does not include-].]. ..... and need not be taken into consideration. in other words, for our purpose, person engaged as an apprentice, not being an apprentice engaged under the apprentices act, 1961 (act no.52 of 1961) or under the standing orders of the establishment, is relevant.11. section 2(22) defines wages. a glance at this definition ..... and destroy the compulsive character introduced by the legislation.28. hence, the question referred is answered in the negative declaring that the statutory obligations/rights under esi act cannot be contracted out by the employer and the employee/union and such contracts are void and unenforceable. ___________________ dilip b.bhosale, acj ______________ k.c. .....
Tag this Judgment!Court : Andhra Pradesh
..... to produce impracticable results. further, while interpreting a section introduced through the amendment act, the integrity of principal act is preserved by the courts. the scheme of the act, effect of registration, reasons for striking down section 22-a as introduced through act 4 /1999, the provisions in special enactments, tribunals for redressal etc., are ..... tiruchanur agraharam revenue village; north by : daaminedu kalva (channel).and south by : within the said boundaries, an extent of ac.6.00 cents with all trees such as neem, tati, eetha etc., wells therein, sheds etc., the petitioners contend that the property referred to above is identifiable with paimash no.10 and ..... cents and an extent of ac.11.25 cents- totaling ac.32.50 cents- with all irrigation rights in water channels and water rights in tank along with trees therein- (1) chittoor- kadapa district-chiruthanur old agraharam chitterti gunta patteda- lands- bounded on east by : bandi baata leading to tanapalle; west by : .....
Tag this Judgment!Court : Andhra Pradesh
..... and minerals (p) ltd. , wherein it was held thus (para 21): it is true that the intention behind section 9 of the act is the issuance of an order for preservation of the subject matter of an arbitration agreement. according to learned counsel for adhunik steels, the subject matter of the arbitration agreement in the ..... about the law laid down by the apex court. it is also clear that section 9 of the act permits application for interim measures as mentioned therein. the main purpose of granting interim measures is the preservation of property in dispute till legal rights and conflicting claims of parties before arbitral proceedings are adjudicated. ..... interference is called for by the court when the application under section 9 of the act itself is not maintainable.42. it is contended by the .....
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