Court : Andhra Pradesh
Reported in : 2001(2)ALD547; 2001(2)ALT683
..... style of m/s. jalal & sons. the tenant was inducted in 1938. the tenant runs a watch repair and sales shop in suit mulgi bearing premises no.5-8-543. the shop admeasures 15' x 60' and is situated in busy commercial area of hyderabad, known as abid road. originally, lease was obtained by late syed jalaluddin, the father of the present proprietor ..... venkateshwara rao v. suleman khan, 1972 (2) aplj 300, mohel moonuddin v. a. yadagiri, 1982 (2) alt 154, vijayalakshmi printing press v. n. shanker, 1990 (1) aplj 17 (sn), hyderabad commercial corporation v. nemichand, 1990 (1) aplj 23 (sn) and chellaram & co. v. p. adikumar, 1992 (2) aplj 49 (sn), came to the conclusion that the requirement of the landlords for .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD574; 2001(5)ALT494
..... functions are by virtue of the nature of the functions performed the functions of governmental agencies. we have seen above the authorities constituted under, and corporations established by, statutes havebeen held to be instrumentalities and agencies of the government, apart from tens of cases in a long catena of decisions of the apex ..... petitioner with immediate effect. it is quite curious to notice at this juncture that according to themanagement of the 1st respondent-company, the committee of directors (commercial) having taken a decision to dispense with the services of the petitioner forthwith with immediate effect, requested the chairman to form a sub-committee of directors ..... party may not be allowed to bypass the normal channel of civil and criminal litigation. the high court does not act like a proverbial 'bull in a china shop' in the exercise of its jurisdiction under article 226.'25. a three judge bench of the supreme court in air india statutory corporation v. united labour union .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD533; 2002(2)ALT791
..... section (1); the dispute shall be referred to government whose decision shall be final. section 26 of the act enumerates sanction to programme, budget and establishment schedule and section 27 about publication of sanctioned programme. section 32 specifies about transfer of land vested in local authority to the board for purposes of ..... layout belonging to indian airlines employees housing society was approved by huda and the corporation granted permission in favour of seventh respondent for construction of commercial complex having regard to the revised layout plan approved by the second respondent-board. the learned counsel would further submit that an undertaking was ..... public interest involved in the writ petition. he would submit that according to the revised layout of the housing board, the site was earmarked for shops. he would further submit that the committee of indian airlines welfare association on obtaining consent from all the members, including the petitioner herein, passed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]110CompCas193(AP)
..... own or appointed dealers all over the south for marketing the spare parts. to my mind the capital invested by him is not sufficient even to establish one wholesale shop at madras leave about other places. in the light of the above factual position, the question that falls for consideration of the court would be, whether ..... an authorised capital of rs. 5,00,000 to give the business adequate capital base ; (4) the serious and methodical way he seems to be going about establishing a marketing organization lends further credibility. it is useful to extract preliminary evaluation of this firm.client : s r m t limited assignment/dealership : evaluation of applications ..... be supplemented through evidence. mere lack of details.in the pleadings cannot be reason to set aside concurrent finding of facts'.172. in mir niyamath all khan v. commercial and industrial bank ltd. : air1969ap294 , a division bench of this court held that 'normally the court will not grant the relief to the plaintiff on a case .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD582; 2001(6)ALT433
..... referred to derry's case (supra), and observed that fraud in public law is different from fraud in private law, and that the ingredients which established fraud in commercial transactions are of no assistance in determining fraud in administrative law. it was also observed that in public law the duty is not to deceive though the ..... charges of fraud and collusion like those contained in the plaint in this case must, no doubt, be proved by those who make them - proved by established facts or inferences legitimately drawn from those facts taken together as a whole. suspicious and surmises and conjecture are not permissible substitutes for those facts or those inferences ..... , and a.p. pollution control board v. m.v. nayudu, : [1999]1scr235 ). x) when lamentable state of affairs in the administration of a public institution established by the state is brought to the notice of the court it may appoint a specialcommittee to manage the public institution. [see rakesh chandra's case (supra)]. 23. the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD210; 2002(1)ALD(Cri)137; 2002(1)ALT611; 2002CriLJ1105
..... examiner of the department of prohibition & excise, the state also asserts that the 'black jaggery' is unfit for human consumption and has no other legitimate or established use other than for themanufacture of id liquor. the state clearly asserts that 'black jaggery' is possessed, transported and used exclusively for manufacture of id liquor and ..... at p 529) it is said that penal statutes must be construed strictly. in tuck v. priester, (1887) 19 qbd 629, which is followed in london and county commercial properties in vestments v. att. gen., (1953) 1 wlr 312, it is stated: we must be very careful in construing that section, because it imposes a penalty ..... for last ten years. he alleges that in september, 2000 respondents 7 and 9, the inspector and the sub-inspector of excise department, karimnagar, visited the shop of the petitioner and threatened him not to sell jaggery and alum. therefore, he apprehends that the respondents might prevent him from carrying on business. admittedly, no .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD598; 2002(1)ALT738
..... was enacted to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments and other establishments. section 2 defines various expressions as under:2(5): 'commercial establishment' means an establishment which carries on any trade, business, profession or any work in connection with or incidental or ancillary to any such trade, business or profession or which is a ..... , eating-house, residential hotel, lodging house, theatre or any place of public amusement or entertainment and includes a commercial establishment and such other establishment as the government may, by notification, declare to be an establishment for the purpose of this act; 3(21): shop means any premises where any trade or business is carried on or where services are rendered to customers and includes a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD154
..... fraud with dates and details are not mentioned, and since vague allegations of fraud and misrepresentation, in whatever strong words they are made, are not sufficientto establish fraud or misrepresentation, the allegation of fraud and misrepresentation have to be ignored. he relied on mahundeo narain v. seogeni rai, : [1951]2scr548 , ..... . in national thermal power corporation (supra) the supreme court clearly held that the parties have the freedom to choose the law governing the international commercial arbitration agreement, and that they can choose substantive law governing the arbitration agreement as well as the procedural law governing the conduct of arbitration and ..... to the said suit, renusagar filed another suit in the court of the civil judge, mirzapur for a declaration that the guarantee given by united commercial bank for and on its behalf stood discharged and became ineffective and unenforceable, and for a mandatory injunction directing general electric to settle its claim .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALD149; 2001(6)ALT706
..... fraud with dates and details are not mentioned, and since vague allegations of fraud and misrepresentation, in whatever strong words they are made, are not sufficient to establish fraud or misrepresentation, the allegation of fraud and misrepresentation have to be ignored. he relied on mahundeo narain vs . seogeni rai, : [1951]2scr548 , ..... . in national thermal power corporation (supra) the supreme court clearly held that the parties have the freedom to choose the law governing the international commercial arbitration agreement, and that they canchoose substantive law governing the arbitration agreement as well as the procedural law governing the conduct of arbitration and that ..... to the said suit, renusagar filed another suit in the court of the civil judge. mirzapur for a declaration that the guarantee given pay united commercial bank for and on its behalf stood discharged and became ineffective and unenforceable, and for a mandatory injunction directing general electric to settle its claim .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD87; 2003(6)ALT569
..... [1982]1scr519 and municipal corporation of delhi v. mohd. yasin, : [1983]142itr737(sc) .' in r.k. porwal's. case (supra) while dealing with the establishment of market area and facilities and conveniences not available on the date of notification under the maharashtra agricultural produce marketing (regulation) act, 1964, the apex court observed at paragraph ..... has no right to levy market fees or enforce the provisions of law against the users of the market. strictly speaking, the defendant has not established market yard as contemplated under section 4(3) of the act and it is not possible for the defendant to discharge its duties as contemplated by ..... or hamalis appointed at that time. there was no list of tak-patties (sale slips), amanath pattis (storage slips). there were no storage facilities because the shops were under construction. no grading services were also available. since no business took place, the question of food adulteration, prevention of food stuffs-does not arise.' .....
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