Court : Andhra Pradesh
Reported in : 2008(3)ALD372; 2008(3)ALT287; (2008)IIILLJ712AP
..... the commissioner, additional commissioner or regional joint commissioner, deputy commissioner and assistant commissioner are appointed under section 3 of the act. section 8 of the act enumerates powers and functions of commissioner and additional commissioner. the administration of religious institutions shall be under the general superintendence and ..... filed by one pusala murali krishna, assailing proceedings of assistant commissioner, ongole, suspending him pending enquiry into eight charges including indictment of misappropriation and acts of malfeasance and misfeasance. he was appointed in july, 1993 as junior assistant in group temples, pakala, prakasam district. by proceedings, dated 31 ..... of acrs of pims. it is no doubt true that disciplinary power under said circular is entrusted to assistant commissioner having jurisdiction. the act, office holders service rules and/or disciplinary rules of temple employees nowhere confer such power on assistant commissioner. it is axiomatic that .....
Tag this Judgment!Court : Andhra Pradesh
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
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
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
Reported in : 2009(1)ALT754
..... petition, by the order dated 30.7.2007 rejected this application since the petitioner did not lodge such a request under the right to information act, 2005 ('rti act'). in this order this court observed that if the petitioners application is not attended to or replied by the concerned authority within a reasonable time, ..... officer concerned cannot claim protection (at the threshold) for interdicting the criminal trial, by recourse to the provisions of section 155 of the customs act, 1962 (the act). according to the state the officer must face the criminal trial where the question of right of private defence, if raised, is to be considered ..... cr.p.c.) records such information and enumerates certain provisions of indian penal code, 1860 (for short 'ipc')/the arms act, 1959 ('the arms act')/the explosive substances act, 1908 ('the e.s. act'). all the enumerated provisions of the substantive law implicate the alleged criminal conduct of private individuals in the transaction. wherever section .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2010(1)ALT335
..... upon the question whether the symptoms exhibited by a commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant. (c) the question is, whether a certain document was written by ..... to be sent for the purpose of comparison and obtaining a report. the law in this connection, which requires to be referred to, is mainly section 45 of the evidence act, which reads as follows:45. opinions of experts.- when the court has to form an opinion upon a point of foreign law, or of science, or art, or as to ..... dated 27-1-2009 dismissing an application filed by him purportedly under order 26 rule 10-a of the code of civil procedure read with section 45 of the evidence act, where he sought for a direction to send for ex.b-66 in o.s. no. 66/1982 on the file of the same court to be considered with the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(6)ALT784
..... (2) an.w.r. 316 (mp.) : air 2007 m.p 237, after extracting the definition of 'wages' under payment of wages act, 1936, minimum wages act, 1948, industrial disputes act, 1947 and workmen's compensation act, 1923, observed that:it is amply clear that the 'wages' means all remunerations whether by way of salary, allowance or otherwise expressed in ..... delhi development authority v. rukmani bansal : 2008 acj 2770, observed as follows:taking into consideration the fact that minimum wages as notified under the minimum wages act increase by nearly 250 per cent to 300 per cent every 10 years to neutralize rise in inflation and cost of living, it could reasonably be expected that ..... unreasonable equitable, not just. thus, this field of wider discretion of the tribunal has to be within the said limitations and the limitations under any provisions of the act or any other provisions having the force of law.23. in this case, admittedly both the deceased were studying final year b.e. computers course. pw-3 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(6)ALT1
..... the aforementioned resolution dated 18.12.1986 the central government, in exercise of its powers under section 3(1) of the foreign trade (development and regulation) act, 1992, (act 22 of 1992), notified a scheme on 22.3.1994 called the 'software technology parks (stp) scheme'. this 100% export oriented scheme, for undertaking ..... for coordination of all cases of software development and export. thereafter, on 5.6.1991, stpi was registered as a society under the societies registration act, 1860. the inter-ministerial standing committee, constituted by the department of industrial development, ministry of industry, government of india issued notification dated 22.2. ..... is a well settled principle or doctrine which applies only to the construction of ambiguous language in old statutes. (baktawar singh bal kishan v. union of india : (1988) 2 scc 293) but not to interpreting acts which are comparatively modern. (senior electric inspector v. laxmi narayan chopra : air 1962 sc 159; j.k. cotton spg .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2010AP25; 2009(6)ALT733
..... sections 69 and 69a of the transfer of property act, 1882, any security interest created in favour of any secured creditor was now rendered enforceable without the intervention of a court or a tribunal, ..... in favour of any secured creditor and includes any mortgage, charge, hypothecation, assignment other than those specified in section 31;9. chapter iii of the act dealt with the enforcement of the security interest. section 13 listed out the detailed procedure for enforcement of the 'security interest'. notwithstanding anything contained in ..... that sector. thus, the central government after a thorough and proper consideration of various aspects relating to banking sector specific reforms, has enacted serefasi act, 2002 duly taking into account the internationally prevailing practice of securitisation of the debts. further, the fact that the other measures taken by enacting .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2010(1)ALT354
..... are extraditable, are also mentioned. however, we have no hesitation to hold that the present offences fall under that category. in other words, the provisions of act 34 of 1962 have overruling effect over the procedure prescribed under the cr.p.c., otherwise, the very purpose of treaty would get frustrated in the event of ..... . immediate thereto, the cbi got issued red corner notice by the interpol against the petitioners on 07-12-2001 and initiated proceedings, under the extradition act, 1962, (for brevity 'the act 34 of 1962'), to extradite them. subsequently, the petitioners were arrested at usa and were extradited to india, and when they were produced before the ..... of law viz., section 105 and section 105b cri.p.c. as relates these petitioners herein, and by not serving summons or process on them, and acting on false and untrue grounds obtaining nbws and the consequent actions of their alerting the interpol with the fraudulently obtained nbws against the petitioners, and the extradition .....
Tag this Judgment!