Court : Andhra Pradesh
Reported in : 2002AIHC4073
..... not yetbeen confirmed.but it has to be noted that inview of the recent legislation, viz., andhra pradesh (telangana area) tenancyand agricultural lands act (third amendment) (act 12 of 1969) which came intoforce on 18.3.1969 sections 47 and the other connected provisions of the mainact have been omitted with ..... forthe bench observed:'the question, therefore, is whether theamendment under order 6, rule 17 civil procedure code could be ordered in thisbackground. section 3 of the limitation act speaks of bar of limitationproviding that subject to the provisions contained in s. 4 to 24 (inclusive),every suit instituted, after the prescribed period shall ..... transfer of agricultural land to be valid ifthe permanent alienation or transfer took place before the commencement of thehyderabad tenancy and agricultural lands (amendment) act, 1954 and possessionof the land transferred was given to the vendee before such commencement ifapplication for sanction is made within one year after such commencement .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(4)ALD178; 2002(5)ALT75
..... the same, they cannot be compelled to execute the sale deed, which would be contrary to the provisions of the urban land (ceiling and regulation) act (for short 'the ulc act'). he further submits that in respect of the neighbouring plot, the agreement holder having realised the inability and incapacity of the defendants had taken back ..... under obligation to convey the property of a clear title to the purchaser.any lapse of his part, which may occur on account of inadvertence or the random act or omission, would entail civil and sometimes even criminal consequences, at the instance of the purchaser. in most of the transactions, indemnity clauses are incorporated and ..... .16. the grant of relief of specific performance is discretionary as is evident from the provisions under section 20(2)(b) and (c) of the specific relief act. the discretion is, however, not arbitrary, but to be exercised on sound and reasonable and guided by judicial principles. some of the circumstances which enable the court .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALT32
..... submits that the scribe of the document has also figured as the 2nd attestor and there is compliance with the provisions of section 63 of the indian succession act. inasmuch as neither the scribe nor the attestor were alive, the persons who were acquainted with their signatures were examined as witnesses and that constituted sufficient proof ..... appended their signatures to the document as attesting witnesses or can be construed to have done so in their capacity as attesting witnesses. section 68, indian evidence act requires an attesting witness to be called as a witness to prove the due execution and attestation of the will. this provision should have been complied with ..... in number. the controversy was as to whether the examination of a scribe and not attesting witness would satisfy the requirement of section 68 of the indian evidence act. in the present case, neither ex.b-1 was attested by two independent attesting witnesses, nor the scribe is examined, obviously because he was no more. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(3)ALD307
..... within the grounds know to law to annul a decree, such as, being without jurisdiction vitiated on the grounds of fraud, void on any grounds recognised under the contract act, and other similar factors, the court would not be in a position to record a finding and render its decision. in the absence of the same, the relief ..... been examined. in that view of the matter, it can be said that the plaintiff has complied with the requirements under the provisions of the indian succession act and the evidence act. the fact, however, remains as to whether he is able to explain and dispel the suspicious circumstances and establish that in fact late subba rao executed the ..... any party who wants to claim the benefit under a will has to prove the factum of execution as required under the relevant provisions of the indian evidence act and indian succession act and also to dispel any suspicious circumstances. the same is evident from the judgment of the hon'ble supreme court in h. venkatachala iyengar v. b. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALT600
..... embraces an order passed by the appellate authority. while considering the provisions conferring revisional power couched in a language similar to that contained in section 20 of the act, this court has laid down that the power conferred on the high court is essentially a power of superintendence and despite the wide language employed, the high ..... v. kunhayi sahia (1982 (1) mlj 273 and ramalingam (1985 (1) mlj 329), the madras high court referring to some provisions which are analogous to our act, held that the expression 'is not occupying residential building of his own', should be limited to a situation where the landlord is not occupying a residential building of ..... another person at rented premises and wants the suit premises for the purpose of carrying business in sweets, satisfied the ingredients of section 10(3)(a)(iii) of the act and accordingly, the appellate court is right in allowing the eviction petition. the decision in smt. vidyavati bai and anr. v. shankerlal and anr. (1987 (2 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD319; [2003]115CompCas787(AP)
..... the board are given under section 24. it lays down :'24. general duty of the board :--the board in discharging its functions under this act, shall act on business principles, due regard being had by it to the interestsof industry, commerce and the general public.'in the light of these provisions the argument ..... payments towards the dues by issuing cheques whcih have been dishonoured and the respondent corporation has also initiated criminal action under section 138 of negotiable insruments act against the petitioner. even after dishonour of the cheques the managing director of the petitioner-company was called by the respondent, he failed to appear, ..... to industrial undertakings which fall outside the normal activities of commercial banks a central industrial finance corporation had been set up under the industrial finance corporation act, 1948. to supplement the work of the industrial finance corporation the state government also wanted to have such corporations. the intention was that the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2002)ACC155; 2001(4)ALD257
..... choice to the commuter public and held that there was no justification to entertain a complaint against the liberalised policy for grant of permit under the act. in this regard the supreme court observed as follows:'the petitioners are existing stage carriage operators or different routes. they hold permits granted by the ..... effect to any directions issued under section 67 and the state transport authority shall subject to such directions and save as otherwise provided by or under this act, exercise and discharge throughout the state the following power and functions namely :-- (a) the coordinate and regulate the activities and policies of the regional transport ..... formulate routes for plying stage carriages; and (d) to discharge such other functions as may be prescribed.'in this regard clause (ca) was inserted by amendment act with effect from 14-11-1994 which states 'government to formulate the routes for plying stage carriage permits'. under section 67 the state government is empowered to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD578; 2001(3)ALT114
..... are given its full play. it is, therefore, not permissible to thwart that object and goal by the state by taking recourse to such provisions under the act, which, in our opinion, does not contemplate a total prohibition of holding elections to the societies. a restrictive meaning, therefore, to the aforementioned g.o. ..... statutory provisions. the democratic polity of gram panchayats now finds place in part ix of the constitution of india by reason of the constitution (seventy third amendment) act, 1992. article 243-b mandates that there shall be constituted in every state, panchayats at the village, intermediate and district levels in accordance with the provisions ..... , shall not exceed three years.' '131. power of government to give directions :--(1) the government may generally or in any particular matter under this act issue such orders and directions as they may consider necessary to the registrar of co-operative societies and thereupon he shall give effect to such orders or directions .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD634
..... wherein it was held: '69. with these prefatory remarks, we may now notice the statement of objects and reasons for the bill which became the constitution (32nd amendment) act, 1972. the statement may be quoted in extenso: 'when the state of andhra pradesh was formed in 1956, certain safeguards were envisaged for the telangana area in the ..... rivers godavari and krishna which were the subject-matter of adjudication by krishna water disputes tribunal and godavari water disputes tribunal constituted under inter state water disputes act, 1956. it is also stated that the government is striving hard to develop all the regions of the state and in all sectors for better and ..... india stating that krishna and godavari tribunal awards have not put any restriction on the use of water under the specific projects and the states reorganisation act was given due cognizance by the tribunals in their awards and state governments represented their cases for the utilisation of water in the pre and post projects .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(1)ALD229; 2001(1)ALT99; (2001)ILLJ1002AP
..... the private interest of such employer or establishment to get satisfied that it should be exempted and insulated from the rigours of the provisions of the act guaranteeing statutory minimum bonus to its employees. such establishment, therefore, would naturally point out that its financial position and other relevant circumstances are such ..... the employees before passing the impugned order. it is also contended that the reasons stated for exercising the power and suspending the provisions of the act are factually incorrect. the impugned governmental order is based on incorrect factual premises.13. neither the state government nor the forest development corporation filed any ..... the second respondent-corporation to pay bonus for the years from 1984-85 to 1987-88 to all its employees under the provisions of the said act. the petitioner-union simultaneously made representations to the commissioner of labour, government of andhra pradesh for his intervention in the matter. the commissioner convened .....
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