Court : Andhra Pradesh
Reported in : AIR1989AP286
..... it is essentially based on an object which has been deliberately introduced by the amendment act 1976 in order to see that the 1 is unnecessarily is not protracted and would not cause any harassment to the parties if it could be decided that 1 is itself is not maintainable in the court and thus avoiding the avoidable litigation in the court. 7-8. ..... but this has been a deliberate amendment in the year 1976 which is to be read as 'shall' and, therefore, mandatory, once the court forms the opinion that a point which has been raised to be adjudicated as a preliminary issue, it touches upon the jurisdiction of the court or even any bar by which a suit is precluded from being entertained under any law, then that has to be decided at first so as to obviate the necessity of going through the entire gamut of the litigation viz. ..... 121, madras, india (hereinafter called the attorney) as through and lawful attorneys of the company for/or in the name of and on behalf of the company to do or execute or any of the acts and things hereinafter mentioned that is to say : to commence legal proceedings against the state bank of hyderabad in respect of the company's claim against them and to execute, sign, enter into, acknowledge, perfect, do all such deeds, instruments, acts and things as shall be requisite for or in relationto all or any of the purposes or matters relating thereto and if thought ..... this was the primary, concern of the legislature at the time when the amendment was enacted. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALT675
..... ' the supreme court in the said decision held that the gujarat panchayats (third amendment) act, 1978 was arbitrary, unreasonable and unconstitutional on the following reasoning: 'the law must satisfy the requirements of the constitution today taking into account the accrued or acquired rights of the parties today. ..... past virtue (constitutional) cannot be made to wipe out present vide (constitutional) by making retrospective laws.we are, therefore, firmly of the view that the gujarat panchayats (third amendment) act, 1978 is unconstitutional, as it offends articles 311 and 14 and is arbitrary and unreasonable.' 39. ..... ordered to be retired from service on the ground of superannuation.the teachers filed writ petitions challenging the validity of the orders passed and the main contention was that rule 294 (a) of the mysore service regulations which prescribed the age of retirement of government servants was amended with respect to trained teachers from april, 1955 providing the normal age of superannuation in case of such teachers to be at 58 years instead of 55 and that the illegal order of retirement cannot be validated by the notification of the governor of mysore dated 25th march ..... it is true that whenever any act or amendment is brought in force retrospectively or any provision of the act or rule is deleted retrospectively, in this process rights of some are bound to be affected one way or the other. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : III(2006)ACC652; 2006ACJ1470; AIR2005AP444; 2005(5)ALT541
..... the parliament by the railways amendment act, 1994 (act 28 of 1994) made certain amendments to the railways act, 1989 inserting clause (c) to section 123, which reads as follows:(c) 'untoward incident' means-(1) (i) the commission of a terrorist act within the meaning of sub-section (1) of section 3 of the terrorist and disruptive activities (prevention) act, 1987 (28 of 1987); or(ii) the making of a violent attack or the commission of robbery or dacoity; or(iii) the indulging in rioting, shoot-out or arson,by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or in any other ..... section 13(1)(a) was inserted by amendment act 28 of 1994 empowering the claims tribunals to exercise on and from the date of the commencement of the provisions of section 124a of the railways act, 1989, all such jurisdiction, powers and authority as were exercisable immediately before that by any civil court in respect of claims for compensation now payable by the railway administration under section 124a of the said act or the rules made thereunder. ..... it is an amendment to deal with all untoward incidents as contemplated under section 123(c) for the purpose of payment of compensation to an act of untoward incident. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2006AP111; 2006(1)ALT728
..... thus, the statement of objects and reasons of the amendment act contemplated either expressly or impliedly as to the applicability of the amended provision under section 17(1)(f) of the act for the purpose of registration and its validity as required under the law for being marked and admitted in evidence. ..... it has, therefore, been decided to empower the registering officer to recover the deficit registration fees and also empower the government or the inspector general of registration and stamps to write off the irrecoverable arrears of deficit registration fee as prescribed in the rules to provide for the recovery of the unpaid or deficit registration fee, where the fee has not been paid or insufficiently paid in respect of any document by suitably amending the act, in its application to the state of andhra pradesh. ..... therefore, absolutely there was no intention on the part of the legislature while introducing the amended provision of section 17(1)(f) of the act to make it retrospective effect and also to make it applicable to the document-consent decree-which was obtained prior to 1-4-1999 compulsorily registrable.12. ..... act 4 of 1999, it is stated that most of the purchasers of immovable property are evading payment of stamp duty by avoiding registration and resorting to filing of declaratory suits, which is causing heavy loss of revenue in the state. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1996]103STC255(AP)
..... it is true that the amendment has brought about a change in the payment of institution fee, but the change is not of such a nature as to whittle down the very right of appeal itself. ..... ranganath kumar has endeavoured to argue that the nature and extent of change is not relevant and the test whether the condition imposed is onerous is also not relevant, but the old unamended rule should be applied intact and in the same form without taking note of the subsequent changes having regard to the fact that the right to file appeal had accrued to the assessee well before the amended rule came into force. ..... there, ad valorem court-fees was prescribed by the court-fees (bombay amendment) act, 1954. ..... payment of institution fee under the sales tax act at the maximum of rs. ..... 3,161 as per the new act and, therefore, claimed refund of the excess amount paid by mistake. ..... the respondent herein was assessed to tax for the year 1983-84 by an assessment order passed on august 25, 1988, under the central sales tax act. ..... 32, which the plaintiff was liable to pay in that case as per the old act, the plaintiff actually paid rs. ..... , at the inception of the act and continued for nearly two and half decades. ..... the only change brought about by act no. ..... this procedural change brought about by act no. ..... applying this test it has to be seen whether act no. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007ACJ301; 2006(1)ALD597; 2006(1)ALT281
..... , during which year, the amendment act 54 of 1994 was introduced, and also subsequent mortality rate, and further to avoid anomalies, in payment of compensation, since prior to 1994, as there was no schedule, and the courts were applying multiplier based on facts and circumstances and subsequent in 1994 as amendment was made and second schedule was introduced with maximum multiplier of 18, held that:37...a whole range of discrimination between cases and cases can easily be avoided. ..... , prior to the amendment act 54 of 1994, through which section 163-a was inserted with second schedule and as the amendment is prospective, the second schedule cannot be made applicable to the accident, which occurred before the amendment and for the present case, law existing as on the date of accident has to be applied. ..... as the deceased was aged 31 years as per ex.a-2 post-mortem certificate, the tribunal took the age of the mother, who is 51 years, and as the accident occurred prior to amendment act 54 of 1994, considering the multiplier laid down in bhagwandas v. ..... , prior to the amendment by act 54 of 1994 on 14-11 -1994 and the said amendment has prospective effect. ..... as already noted above, section 163-a with second schedule was inserted by act 54 of 1994 on 14-11-1994 and prior to the said amendment, this court used to follow the judgment of hon'ble sri justice m. ..... accordingly, i hold that the amendment made by act 54 of 1994 is only prospective and the issue is answered in the affirmative. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(3)ALT194
..... the counsel for the respondent strenuously contends that the act compensates the payment of compensation without reference to the actual claim of the claimant. ..... unfortunately, a learned judge of this court has taken the view that the award of compensation under the motor vehicles act, being a self contained code, permitting the parties to amend their pleadings at the appellate stage is not permissible. ..... if the claimant feels that the compensation claimed is grossly inadequate, it is always open to him to seek amendment of the pleadings and the tribunal may consider the amendment liberally and give an opportunity to the other side to put forth his case. ..... from the above, it is seen that after amendment of section 25 while the statute placed fetters on the court, in not reducing the compensation awarded by land acquisition officer even if the compensation awarded by land acquisition officer is not proper, no where it is stated that the court can award compensation, higher than the one claimed by the land looser.16. ..... nextly, their lordships observed that if the claimant feels that he is entitled to more compensation than he claimed in the petition, it is always open to him to amend the same on the basis of equity of justice and good conscience. ..... of course this is a debatable issue and in the light of the view taken by the gujarat high court (supra-6) wherein, they held any petition for amending the pleadings should be liberally construed. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2003)ACC208; 2002ACJ1524
..... the learned counsel for the respondent strenuously contends that the act compensates the payment of compensation without reference to the actual claim of the claimant. ..... unfortunately, a learned judge of this court has taken the view that the award of compensation under the motor vehicles act, being a self-contained code, permitting the parties to amend their pleadings at the appellate stage is not permissible. ..... if the claimant feels that the compensation claimed is grossly inadequate, it is always open to him to seek amendment of the pleadings and the tribunal may consider the amendment liberally and give an opportunity to the other side to put forth his case. ..... from the above, it is seen that after amendment of section 25 while the statute placed fetters on the court, in not reducing the compensation awarded by land acquisition officer even if the compensation awarded by land acquisition officer is not proper, nowhere it is stated that the court can award compensation, higher than the one claimed by the land loser.16. ..... it will be useful to extract para 10 of the judgment wherein the issue has been elaborately discussed:the supreme court in catena of decisions has ruled that an amendment for enhancing the amount of claim as and when prayed for should be liberally granted and that the tribunal should not be rigid about the granting of amendment. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1988]63CompCas210(AP)
..... 21a of the banking regulation act deals only with the ground of excessive interest and does not deal with the ground of substantially unfair nature of transaction with which alone the usurious loans act of 1918 as amended dealt with, the applicability of the usurious loans act of 1918, as amended by the madras amendment act viii of 1937, cannot be taken to have been overridden by section 21a of the banking regulation act. ..... germany, the payment of compound interest cannot be agreed upon in advance, but numerous exceptions apply, particularly in the case of banking institutions and current accounts (article 248 of the civil code, article 355 of the commercial ..... the loan agreement provided for the payment of 1 1/2% of interest over and above the prevailing bank rate but subject to a condition of the debtor paying a minimum of 8 1/2% per annum with quarterly rest on the ..... amount soared to the suit amount even after the defendant had made part payments because of the stipulation in the agreement providing for payment of compound interest ..... that amount was made up of the principal and compound interest due on the loan minus the part payments made by the defendant agriculturist from time to ..... to enforce harsh, unequal or unconscionable bargains providing for payment of compound interest or usurious rates of interest by depriving the debtors of their right to set up traditional defences which are recognised as available to them directly offends the mandate of article 14 of the constitution. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1988]63CompCas405(AP)
..... applying the principle of this decision to the facts of the case before us, we must hold that the interest on the debt advanced by the plaintiff bank to the first defendant was subject to the liability or obligation of being scaled down in accordance with the provisions of the usurious loans act, as amended by the madras (amendment) act, and that the said right cannot be taken away by section 21a. ..... can it be said that section 21a takes away the benefit which has already been conferred upon the defendant by the trial court indeed, we can also take a case where relief has been granted to the defendant by reopening the transaction with reference to section usurious loa of the usurious loans act, without any reference to the madras (amendment) act, and that decree is carried in appeal. ..... (b) in considering whether interest is excessive under this section, the court shall take into account any amounts charged or paid, whether in money or in kind, for expenses, inquiries, fines, bonuses, premia, renewals or any other charges, and if compound interest is charged, the periods at which it is calculated, and the total advantage which may reasonably be taken to have been expected from the transaction. .....
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