Court : Andhra Pradesh
Reported in : AIR1993AP20; 1992(2)ALT660
..... two suits filed by some of the petitioners and others and at least two suits filed by the 1st respondent are pending for a number of years which establish that the civil litigation is not an equally efficacious alternative remedy available to the petitioners. in fact, every time the 2nd respondent gave a notice questioning the ..... obtaining due permission from the defendant corporation herein'. it is therefore obvious that the 1st respondent cannot have the second floor constructed by her regularised unless she establishes that the said construction of the second floor was with the specific permissionof the 2nd respondent herein in terms of the said decree dated 24-2-1986. ..... pradesh. it was precisely because of the unauthorised, construction of the second floor and the conversion of the use| of domestic place as commercial one by fixing the rolling shutters to the shops in the ground floor that the iind assistant judge, city civil court earlier dismissed e.p. no. 57 of 1986 on 5-10-1987 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(2)ALT1
..... suit or proceeding or in appeal later by the opposite party that before marking the certified copies, the necessary conditions for adducing secondary evidence have not initially been established.'from a reading of the above judgment of the full bench it appears that the decision of the supreme court reported in mehta ravindrarai ajitrai v. state of ..... periyar and pareekanni rubbers ltd. v. state of kerala, : air1990sc2192 also the supreme court took the view that in a comparable sales the features should be established by adduction of material evidence by examining the parties to the sale or persons having personal knowledge of the slae transactions, and that the proof also would focus on ..... purpose of house-sites one rate will be fixed and if the land is sold for commercial purpose another rate will be fixed. generally the lands on the road side will fetch more value since the same will be utilised for shopping purposes and the sites located inner side will fetch low value. when such is the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(2)ALT62
..... of use of the buildings:(a) residential.(b) shops, shopping complexes.(c) public use, i.e., office complexes, public and private offices, hospitals and nursing homes, banks, educational institutions.(d) commercial purposes i.e., hotels, lodges, restaurants, godowns and other business establishments.(e) industrial purposes i.e., factories mills, ..... the commissioner may provide sub-categorisation of localities in a zone particularly for building used for shops and shopping & complexes abutting to the main roads, lanes and sub-lanes in zones having commercial importance wherever necessary and warranted and fix separate rates for such buildings.(2) the commissioner shall ..... of assessment of taxes based on the following factors, namely :-(a) civic amenities like water supply, street lighting, roads and drains.(b) markets and shopping centres.(c) educational institutions.(d) banks, postal services, public offices.(e) medical institutions.(f) factories and industries, and (g) such other relevant .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP113; 1995(3)ALT789
..... understand the grammatical meaning of 'non-payment, or non-tendering the rent' whether it was wilful or otherwise would be a legal inference to be drawn on the established facts, the circumstances of the case and the legal interpretation of the wilful default. mr. sunder-rajan the learned counsel for the petitioner is right in pointing out ..... and a stone cutter petty trader, street hawker or a school teacher may not be the same for a diamond cutter a business tycoon, a bureaucrat and a commercial baboon. there may be any number of instances where the genuine attempts of the tenants to pay or tender the rent may be prevented, avoided and even suppressed ..... be thereby increased, and the lessee is not entitled to pull down a house and build another which the lessor dislikes, or toconvert a dwelling house into a shop, and a breach of an express covenant against making alterations or erecting new buildings will be enforced by injunction, to sum up, to constitute voluntary waste by destruction .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(4)ALT592; (1998)ILLJ23AP
..... the tribunal came to the conclusion of the agarias being workmen, the court declined to interfere with the finding. 20. s. j. t. house v. c. i. shops and establishment (1973-ii-llj-495) (sc) was a case of piece-rated tailors. all the workers were paid on piece-rate basis. they generally attended the ..... whereas the disputes which are exclusively referrable to the national tribunal under section 7b are those which involve questions of national importance or are of such nature that industrial establishments situated in more than one state are likely to be interested in, or affected by, such disputes. it is the argument that since the question whether the ..... he was holding only a 'contract for service'. 23. mr. k. srinivasa murthy has strenuously urged the two fold submission that tiny depositors are akin to sales promotion canvassers of commercial organisations who have been held by the decisions of the apex court in may & baker (india) ltd., v. their workmen (1961-ii-llj-94) and b. s. o. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD468; 2000(2)ALT316
..... by any change of possession cannot affect the continuity of adverse possession of the deseizor.36. the oral and documentary evidence produced by the applicants did not establish that immediately after ex.a8 and ex.a9, either chotalal shivram vyas or his successors came in possession and enjoyment of the property. none of the applicants ..... o. ms. no.905, in favour of purushoiham relaxing the zonal regulations and to proceed with the construction. thewrit petitioners constructed first and second floors and a commercial complex popularly known as 'modi complex'. their further case was that they are the absolute owners of the land situated in s.no.41 of begumpet village. ..... the state government in g.o. ms. no,373 ma, dated 19-4-1982, passed an order relaxing zonal regulations in favour of purushotham for construction of shopping complex in the remaining area after the land was taken away by the corporation. on 27-3-1982, purushotham delivered remaining portion of land to mrs. mangarla .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(4)ALD403; 2000(4)ALT274; (2000)IILLJ1278AP
..... whom he has permitted to be brought for the work of the establishment if the contractor fails to make payment to them. it is, therefore, obvious that the principal employer as a worldly businessman in his practical commercial wisdom would not allow contractor to bring larger number of contract labour ..... considered the above judgments held that the supreme court placed a narrow interpretation on the word 'appropriate government' and held that in the case of establishment owned and controlled by the central government the appropriate government to issue notification is the central government. in fact, throughout the proceedings since 1991 the ..... installation and electrical maintenance of high mast towers and street lights except periodical maintenance such as annual maintenance of the equipments for which the establishment might have entered into maintenance contract with the suppliers or their nominees. the central government having considered the recommendations of the board issued .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD17; 2000(5)ALT726
..... sustained and issue a certificate to the party in duplicate in the proforma in annexure-i to this order;(vii) based on the certificate issued by the collector the commercial tax officer in whose jurisdiction the commercial establishment or the theatre is situated shall issue orders sanctioning the interest free margin money rs.1.00 lakhs per unit in the case of business ..... 31-12-1991;(iii) entertainment tax shall not be levied till the cinemas re-start;(iv) the commercial tax department shall take judicial notice of closure of business by commercial establishment and theatres which have been destroyed and damaged in violent incidents;(v) the commissioner of commercial taxes shall issue necessary instructions to the subordinate offices in this regard;(vi) the district collector will .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD217; 2000(6)ALT1
..... , the safety and technical requirements and the matters connected therewith. the electricity supply act, 1948 thereinafter called as 'the supply act') envisaged the establishment of state electricity boards in the states and vesting in them a monopoly for the generation, transmission and distribution of electricity and the functions of ..... refundable and therefore considered as a part of net worth. for proper balance sheets for the unbundled entities to enable them to function on sound commercial lines, the distortions in balance sheet of erstwhile apseb such as inadequate provisions for doubtful debts from consumers, unserviceable inventories, old claims, and ..... a rule, provide budgetary support for any subsidy ordered by it; that the state electricity boards shall be restructured and corporatised and run on commercial and self-sustaining basis; that necessary amendments be made in the relevant acts/rules to allow private participation in transmission and distribution of electricity; .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT42
..... appeal against the interlocutory orders either granting temporary injunction under order 39 rules 1 and 2 or refusing the same. passing off action is sought to be established by various means viz., deceptive similarity, prior user of mark, distinctive and secondary meaning, household name for the product, generic meaning acquiring reputation and goodwill ..... . in ellora industries, delhi v. banarasi dass goela : air1980delhi254 , the learned single judge held thus:'the purpose of tort of passing off is to protect commercial goodwill; to ensure that people's business reputations are not exploited. since business 'goodwill' is an asset, and therefore/species of property the law protects it ..... the plaintiff and the defendant, he was led to believe that the plaintiff and the defendant are the same. he stated that if a servant goes to the shop it is difficult for him to distinguish one from the other.'acquiescence / delays / laches:61. in hindustan pencils pvt. ltd. v. india stationery products co. .....
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