Court : Andhra Pradesh
Decided on : Jan-30-2008
Reported in : 2008(3)ALD670; 2008(4)ALT193
..... specifically mentioned that the circulars issued therein by the reserve bank of india were the circulars issued under sections 21 and 35a of the banking regulation act. therefore, when the circulars were issued specifically under the relevant provisions, whatever observation given by the hon'ble supreme court, will definitely have greater ..... banks and cooperative banks in the country. the bank exercises various powers and discharge various statutory functions under foreign exchange management act, 1999, banking regulation act, 1949, reserve bank of india act, 1934 etc.28. it is also stated that the bank issued guidelines dated 3rd september 2005 in exercise of the powers ..... of mandatory guidelines under ots 2005 of the second respondent as also discriminatory, indiscrete and contrary to sections 21 and 35a of the banking regulation act, 1949 and also in violation of fundamental rights guaranteed under articles 14 and 21 of the constitution of india and consequently directing the first .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-23-2008
Reported in : 2008(2)ALT611
..... authority or function in an arbitrary fashion. the following illustrate the duties and functions of public nature and public character contemplated by the security act, securitisation companies and reconstruction companies:(i) efficient and focused recovery of public monies to reduce non-performing assets of publicly held banks and ..... in an arbitrary and unreasonable or opaque manner. further, the duties, functions and responsibilities of public nature and public character contemplated by the act for securitisation companies and reconstruction companies had been enumerated as hereunder:a) efficient and focused recovery of public monies to reduce non-performing assets ..... to the economy and to the health of banking/finance. the authority and functions prescribed for securitisation companies and reconstruction companies under the act are totally controlled and directed by the reserve bank of india. in fact, securitisation companies and reconstruction companies are prohibited from engaging in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-26-2008
Reported in : 2009(5)ALT200
..... issue government hereby direct the principal chief conservator of forests, hyderabad to process the mining leasts/ql applications for clearance under forest (conservation) act, 1980 after receiving the applications with technical observations through the mines & geology department. however, mere forwarding of any mining lease application by the ..... government hereby direct the principal chief conservator of forest, hyderabad to process the mining leases/quarry leases applications for clearance under forest (conservation) act 1980 after receiving the applications with technical observations through the mines & geology department. however, mere forwarding of any mining lease application by the ..... , these contentions are unsustainable contentions. the learned counsel in elaboration had taken this court through the different provisions of the forest conservation act and also pointed out to the relevant portions of the affidavit filed in support of the writ petition and also the respective counter .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-30-2008
Reported in : 2009(1)ALT583
..... upon the following decisions of the hon'ble supreme court and this court:dashrath baburao sangale and ors. v. kashimath bhaskar data : air1993sc2646 , m. arul jothi and anr. v. lajja bal (deceased) and anr. : [2000]2scr1 , smt. k. rachamma v. smt. bimal bai and anr. : 1996(2)alt111 , motamarri surya kameswara rao v. namburu satyanarayanamma ( ..... bona fide requirement was concurrently rejected. similarly, the ground of using the premises in the manner as to affect or damage the suit premises and amounting to acts of waste was also rejected by the lower appellate court. the eviction on the ground of demolition and reconstruction was also concurrently rejected.9. the lower ..... counsel for the landlord placed considerable reliance on the decision in m. arul jothi and anr. v. lajja bal (deceased) and anr. : [2000]2scr1 . that case also arose under section 10(2)(ii)(b) of the act. the transaction between the parties was governed by a lease deed. the tenant covenanted that the premises, 'shall .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-13-2008
Reported in : 2009(2)ALT516
..... opinion. sl. no. 1 is the xerox copy of registered sale deed dated 19.12.1992 being document no. 11832 of 1992. section 63 of the act dealing with secondary evidence reads as hereunder:secondary evidence:- secondary evidence means and includes:1. certified copies given under the provisions hereinafter contained;2. copies made from ..... to mark xerox copies of these documents. in the counter affidavit filed by respondent no. 3, relevant provisions of sections 63, 64 and 65 of the act had been referred to and the said allegation had been specifically denied and dismissal of the application had been prayed for. the learned judge having formulating the point ..... dismissed the application. being aggrieved of the same, the petitioners-plaintiffs had preferred the present civil revision petition.7. the notice issued under section 66 of the act reads as hereunder:along with the plaint filed in the above suit, the plaintiffs have filed xerox copies of title deeds and other link documents of defendants .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-15-2008
Reported in : 2008(3)ALD788; 2008(3)ALT547
..... to the letter and spirit of the said provision. he contends that except stating that the transfer was contrary to rules 9 and 10 of the act, neither any acts of misrepresentation, nor of fraud, were alleged and that there was absolutely no basis for the second respondent to initiate the proceedings. he further contends that ..... , would justify the exercise of suo motu powers. according to the learned government pleader, fraud would vitiate everything and the petitioner cannot derive benefit from his own acts or omissions.7. sri p.v. narayana rao, the learned counsel for respondents 5 to 7, apart from reiterating the contentions of the learned government pleader, ..... that exercise of suo motu powers at such length of time, cannot be countenanced, even if there existed any legal and factual basis, particularly when no acts of fraud were alleged against the petitioner.6. the learned government pleader for assignments submits that it is always competent for the second respondent to initiate suo .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-30-2008
Reported in : 2009(1)ALT708
..... share. thereafter, the land reforms tribunal, after hearing the declarants through their advocates, adjudicated the declarations, and passed an order under section 9 of the land reforms act, determined their excess land holdings at - 0.1619 (rabia begum - mother of the petitioners); 1.7111 (ahsan ali khan - eldest brother of the petitioners); 1 ..... in the present writ petition, claiming that their father was recognized and recorded as protected tenant under the a.p. (telangana area) tenancy and agricultural lands act, 1950, and therefore, they are proper and necessary parties to the writ petition. however, it is unfortunate to note that the special officer and competent ..... filefresh declarations under the land reforms act55. as stated above, the petitioners, their mother and brothers filed declarations under section 8(1) of the land reforms act, and after adjudication, the land reforms tribunal, has also passed the order dated 31.08.1976, determining the extent of surplus lands held by them, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-30-2008
Reported in : 2009(3)ALT85
..... the district collector and furnished to the registering officer, except after obtaining prior permission of the district collector concerned for such registration.6. exemption:- nothing in this act shall apply to the assigned lands held on mortgage by the state or central government, any local authority, a co operative society, a scheduled bank or ..... when the mortgage money is not repaid by the mortgagor to the mortgagee. the term 'mortgage' has been defined under section 58 (a) of the transfer of property act, which reads as under:58. 'mortgage', 'mortgagor', 'mortgagee', 'mortgage-money' and 'mortgaged' defined.(a) a mortgage is the transfer of an interest in specific ..... bound to give permission in view of the fact that the bank, admittedly a co-operative society registered under the provisions of the co- operative societies act, could have become a mortgagee in respect of the assigned land.20. the submissions made by the learned government pleader with regard to sharing of sale proceeds .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-22-2008
Reported in : 2008(2)ALT720; 2008(2)ARBLR301(AP)
..... permitted to now proceed in accordance with the procedure prescribed therein for appointment of an arbitrator.among the purposes, for which the arbitration and conciliation act, 1996 (act 26 of 1996), was made, is to encourage settlement of disputes between parties through mediation, conciliation or other procedures failing which, alone, is ..... are better examined in arbitral proceedings. it would be wholly inappropriate for the chief justice's designate, while exercising jurisdiction under section 11 of the act to appoint an arbitrator, to conclusively decide these issues.'no escalation' clause in the agreement: its scope:on the contractor's claim for payment towards ..... its resolution by arbitration;(2) the agreement specifically prohibits claims relating to escalation in the cost of diesel and, since the arbitrator is required to act strictly in accordance with the agreement, the applicant's claim towards escalation in the cost of diesel must necessarily be rejected. no useful purpose would .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : May-01-2008
Reported in : 2008(4)ALT266
..... requests for adjournments from their side provided, of course, that the applicant cooperated in its early disposal.7. chapter-iii of the arbitration and conciliation act, 1996, (act 26 of 1996), relates to the composition of the arbitral tribunal. section 11(10) thereunder relates to appointment of arbitrators. while sub-section (5) ..... have due regard to other considerations as are likely to secure the appointment of an independent and impartial arbitrator, would emphasize the importance placed by the act on the independence and impartiality of the arbitrator. the basis to determine, whether or not there are justifiable doubts as to the independence or impartiality ..... no merits in the application. the learned advocate general, appearing for the applicant, would submit that the purpose and object of the arbitration and conciliation act, 1996 is to provide for a mechanism to resolve disputes between the parties expeditiously, other than by way of civil proceedings, without applying the technical .....
Tag this Judgment!