Court : Andhra Pradesh
Reported in : 2003(4)ALD693; 2003(4)ALT529; (2004)ILLJ22AP
..... mills officers' assn., : (2002)illj1088sc , the supreme court found that mysore paper mills limited, a government company as envisaged under section 617 of the act is nothing but an instrumentality and agency of the state government. the supreme court having referred to its earlier decisions observed thus: 'the concept of instrumentality or ..... the meaning of article 12 of the constitution of india. the writ petition is not maintainable against a public limited company incorporated under the provisions of the act, is the submission. 18. sri s. venkat reddy, learned senior counsel appearing on behalf of the 1st respondent-writ petitioner reiterated the submissions made by ..... ravi, learned counsel for the appellants submitted that the 1st appellant was only a public limited company incorporated under the provisions of the companies act, 1956 (for short 'the act') and was not a government company and therefore, the same cannot be held to be an instrumentality or agency of the state government .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD833; 2003(3)ALT506
..... same. the petitioner approached the state transport appellate tribunal (stat), the first respondent herein, by filing a revision petition under section 90 of the motor vehicles act, 1988 ('the act'). the stat by an order dated 15-12-2000 made in r.p. no. 61 of 1999 affirmed the orders of the sta. the order ..... petitions were dismissed. before the supreme court reliance was placed on adarsh travels (supra) in support of the contention that once the scheme under the motor vehicles act came into operation, no person other than state transport undertaking could operate notified areas or notified routes except as provided in the scheme itself. the supreme court ..... order passed, by the state transport authority or any regional transport authority under sub-section (1) or sub-section (2). 8. section 104 of the act further provides that after publication of the scheme state transport authority or regional transport authority shall not grant any permit except in accordance with the provisions of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD319
..... of compensation and the findings asregards negligence or contributory negligence of the offending vehicle even if insured has not preferred an appeal under section 173 of motor vehicles act, 1988. relying upon this decision of the apex court, it was contended on behalf of the respondents that in both the appeals, the appellants - insurers ..... ground he is not entitled to prefer an appeal before the high court. if the insurer had followed the procedure envisaged under section 170 of motor vehicles act, 1988 and obtainednecessary permission from the tribunal to contest the appeal on the grounds on which the insured can contest the claim application, then only the insurer ..... the appeal before the learned judge, it is not the contention of the insurer that he followed the procedure laid down in section 170 of motor vehicles act, 1988 and obtained necessary permission from the tribunal and thereafter contested the claim application before the tribunal. the principle of law laid down by the learned .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD370; 2004(2)ALT475
..... not an imbecile person. it is not true to say that he was an illiterate or rural minded. even so, that is no reason why he did not act as act as manager of the property. it is not true that velaga subbaiah was looking after the 2nd defendant. even so, it does not create any rights since he ..... executed by chimata laxmidevi in favour of the 4th defendant is true and valid ?41. here, it may be appropriate to refer to section 122 of the transfer of property act, 1882 dealing with gifts, which reads as hereunder: 'gift' is the transfer of certain existing moveable or immovable property made voluntarily and without consideration, by one person, called ..... concocted and ushered into court now. they are forgeries. even assuming without admitting that such statements were given, they are inspired and false. the revenue authorities did not act uponthem having found out the falsity thereof. it is wholly false to say that pitchamma was in possession of only ac.9-00 and that velaga subbaiah was in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD592
..... and in that view of the matter, it cannot be accorded the complete freedom to abruptly close the institution, at its wish. the a.p. education act and the other enactments, which provide for establishment of institutions, contain the provisions prescribing the procedure for closure of institutions. therefore, when the closure of institutions ..... either to establish or close the law colleges, the role of the state government is very limited. so far as the compliance of a.p. education act is concerned, he submits that the state government will ensure that the procedure is strictly complied with.12. sri t. rajendra prasad, learned standing counsel for ..... 1st respondent in according permission to close the law college is contrary to the public interest, apart from being opposed to the objects underlying the advocates act and the rules governing the functioning of bar council. the petitioners also alleged certain procedural irregularities in the decision arrived at by the 6th respondent. it .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(4)ALD609; 2002(4)ALT288
..... constitutional validity of sections 2 and 3 of the andhra pradesh prohibition of absorption of employees of state government public sector undertakings into public service act, 1997 (act 14 of 1997)and dismiss the writ petitions with no order as to costs.22. however, we hope and trust thatthis judgment should not ..... service ordinance, 1997 are hereby repealed.'as noticed above, the petitioners have assailed the constitutional validity of provisions of sections 2 and 3 of the act on the ground that those provisions are arbitrary, illegal, unjust, unconstitutional, lacking in legislative competence and opposed to basic structure of the constitution and ..... state government and other respondents. sri s. ramachandra rao, while assailing the constitutional validity of the provisions of sections 2 and 3 of the act contended that those provisions are arbitrary, illegal, unconstitutional, lack in legislative competence and opposed to basic structures of the constitution and violative of fundamental .....
Tag this Judgment!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. .....
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