Court : Andhra Pradesh
..... all these circumstances go to show that the conclusions reached by the courts below are justified. merely because presumption has to be drawn under section 74 of the act that does not prevent the court from taking into consideration all the facts and circumstances of the case and to draw conclusions which rebut the initial presumption. i do ..... the suit schedule land originally belongs to one rukminamma, who had surrendered this land to the government under the provisions of the andhra pradesh agricultural area land ceiling act and that he occupied the same about 26 years back and since then he has been in possession and enjoyment of the same. the trial court observed that ..... only point argued by the learned counsel for the appellant that the courts below went wrong in ignoring the mandatory provisions of section 74 of the evidence act, which gives presumption towards the acts of the officials who issued exs.a1 to a4. it is settled law that presumption has to be drawn under section 74 of the .....
Tag this Judgment!Court : Andhra Pradesh
..... the supreme court. those were the cases, in which, it was established that apart from filing of a complaint, under section 498-a of ipc, the concerned spouse acted with a mala fide intention, only with a view to cause harassment to her husband. in the instant case, the cruelty, if at all, was meted out by ..... various methods. a detailed account of the nature of relations between them was furnished. he ultimately pleaded that the respondent has deserted him from 1988 onwards, and that various acts and omissions on her part constitute cruelty. the respondent opposed the o.p., by filing counter. she stated that from the inception of the marriage, the appellant was ..... period. the appellant filed o.p.no.224 of 1997 in the family court, secunderabad, under section 13(1)(ia) & (ib) of the hindu marriage act, 1955 (for short 'the act').against the respondent, for divorce. he pleaded that hardly within 10 days from the date of marriage, the respondent deserted him, and inspite of his repeated efforts, .....
Tag this Judgment!Court : Andhra Pradesh
..... link between themselves and the undisputed title holder. this link can be through succession, according to the personal law of the parties by operation of law or through the act of parties, such as transfer or settlement. in the instant case, it was through succession. even if the case of the respondents is treated as a feeble and ..... details of electric connection, would clearly establish that he is totally a stranger to the property. the trial court clubbed the o.p.filed under section 30 of the act and the suit filed by the respondents and conducted a common trial. the following issues/points were framed in the respective suit and the o.p.issue: (1) ..... of p.w.1. he submits that ex.b3 would clinchingly establish that the original pattas under the andhra pradesh (andhra area) inams (abolition and conversion into ryotwari) act were issued to the respondents and their ancestors.whereas ex.a5 made a sudden appearance in the evidence, though no mention was made to it in the written statement or .....
Tag this Judgment!Court : Andhra Pradesh
..... v. the state of tamilnadu63; h v. wife, residing at 59, sonawala64). iii. functions which the board is required to discharge under the state act:44. the state act is an act provided for establishment of a board for the development of khadi and village industries in the state of andhra pradesh and for the matters connected therewith. the ..... of birth & age 60 yrs/2013 13.1.1969 41 years marital status - no.of children, ages, etc. married - one son and two daughters. married - 1)bal reddy, b.tech. at present hyderabad; 2)tina married staying at usa. 6) native district a)temporary address & phone no.b) permanent address hyderabad h.no.13-1-64 ..... considerations', and mistakes and misunderstandings which can be classed as self-misdirection. (administrative law: hwr wade & c.f. forsyth - tenth edition). the first respondent has acted unreasonably, in appointing respondents 3 to 6 as the chairman and members of the board, as the records disclose that it has not called its attention to the conditions .....
Tag this Judgment!Court : Andhra Pradesh
..... all these, he argued, the tribunal rightly fixed the notional income of the deceased as rs.15,000/- per annum following the second schedule of the motor vehicles act, 1988 (for short ".the act".) and accordingly fixed the compensation for loss of dependency. he further argued that the tribunal has also granted adequate compensation under the heads loss of estate and funeral ..... facts and circumstances can grant adequate compensation. if the claim is one under section 163-a of the act, the tribunal can resort to second schedule of the act for granting compensation for general damages. if the claim is one under section 166 of the act, then the tribunal having regard to the facts and circumstances of the case can grant reasonable compensation .....
Tag this Judgment!Court : Andhra Pradesh
..... certain cases, the hon'ble supreme court took the view that filing of complaint under section 498-a ipc with patently false allegations would, by itself, constitute an act of cruelty. much, however, depends upon the persistence with which such matters are pursued. in the instant case, the record discloses that the appellant do not evince ..... herein.10. the point that arises for consideration before us is as to ".whether the appellant has proved the grounds of cruelty and desertion?.". point:11. the acts of cruelty alleged by the appellant against the respondent are not specific. it is on the basis of vague and general allegations he felt that there exists the ground ..... under section 498-a ipc with false and frivolous allegations and the same ended in acquittal. according to him, filing of such cases would also amount to an act of cruelty. he submits that the trial court did not properly appreciate the oral and documentary evidence particularly that of the counsellor, who made an attempt to .....
Tag this Judgment!Court : Andhra Pradesh
..... an endorsement ".insufficient funds".. the only contention raised by the respondent/accused is that the statutory notice, as required under section 138 of the negotiable instruments act, has not been sent to him and that the complainant himself got managed the postal authorities and got the endorsement ".door locked".. it is also ..... the learned sessions judge rightly observed that the complainant failed to issue demand notice to the respondent/accused as contemplated under section 138 of the negotiable instruments act. it is further submitted that the respondent/accused is working in a steel plant, and, therefore, the question of door lock does not arise when ..... sentence passed by the trial court, be restored.12. learned counsel for the complainant/appellant further submitted that as per section 27 of the general clauses act, service shall be deemed to be effected by properly addressing pre-paying and posting by registered post unless the contrary is proved. the presumption being rebuttable .....
Tag this Judgment!Court : Andhra Pradesh
..... single judge. further, ca no.568 of 2011 shall stand ordered and, as a result, all the consequences provided under sub-section (6) of sec.560 of the act shall follow. there shall be no order as to costs. the miscellaneous petition filed in this appeal shall stand disposed of. _____________________ l. narasimha reddy, j ________________ m.s ..... the interests of anyone.4. sri ponnam ashok goud, learned assistant solicitor general, on the other hand, submits that sub-section (6) of section 560 of the act provides for the circumstances under which a restoration can be ordered and that the appellant did not fulfill the same.5. the respondent is conferred with the right and endowed ..... .a.no.568 of 2011.2. the background of the case, in brief, is as under: the appellant was incorporated as a company under the companies act, 1956 (for short 'the act') on 17.11.1989 with its registered office in hyderabad. according to its memorandum of association, it is supposed to carry on the business of printing, .....
Tag this Judgment!Court : Andhra Pradesh
..... that while an industrial court will have jurisdiction to set aside an ex part award but having regard to the provision contained in section 17a of the act, an application therefore must be filed before the expiry of 30 days from the publication thereof. till then tribunal retains jurisdiction over the dispute referred ..... the industrial tribunals and the labour courts have limited jurisdiction in that behalf. an award made by an industrial court becomes enforceable under section 17a of the act on the expiry of 30 days from the date of its publication. once the award becomes enforceable, the industrial tribunal and/or labour court becomes functus officio ..... the petitioner, that the petitioner's removal was totally unjustified and that his case falls squarely within the scope of section 2-a of the industrial disputes act, 1947. confining her submissions to the dismissal of the interlocutory application filed subsequently for the restoration of the id., the learned counsel has submitted that the .....
Tag this Judgment!Court : Andhra Pradesh
..... side wind, he cannot seek to agitate about the correctness or otherwise of these orders passed by the commissioner under subsection 1 of section 145 of the act. what is liable to be questioned in a proceeding entirely on its own, cannot be called in question collaterally in another proceeding. hence, i reject the ..... institution. in this context, it is most appropriate to notice the definition 'specific endowment', as it is defined in subsection 25 of section 2 of the act. while maintaining the distinction between a charitable institution in juxtaposition to a religious charitable institution, both of them are covered by the sweep of the expression 'specific ..... of withdrawal of the amalgamation order are, thus, incompetent. per contra, learned counsel sr.sasidhar would submit that the proceedings initiated under section 83 of the act are perfectly maintainable and further the writ petitioner has been granted lease for a specified term and even after its extension, it came to an end on .....
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