Court : Andhra Pradesh
Reported in : AIR1976AP340
..... the society was registered in the year 1957 under the andhra pradesh (andhra area) co-operative societies act, 1932 (hereinafter referred to as the 'old act'), which was subsequently repealed and re-enacted by the andhra pradesh co-operative societies act, 1964 (hereinafter referred to as the 'new act') which came into force on 25th february 1964. ..... another argument submitted by the learned counsel is that when the old act was repealed any committee which functioned under the repealed act (in the present case the nominated committee to which the lst petitioner was appointed by the registrar) cannot be taken into consideration under the new act and when it is mentioned in section 21-c that 'where a person holds or who has held office as a member of the committee' it means only 'holding or held' under the new act and the office held under the old act cannot be taken into consideration this contention ..... goes against the express provision contained in section 132 of the new act containing the provision for repealing and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALT691
..... long overdue.for these reasons, therefore, we are clearly of the opinion that in cases where an employee is dismissed or removed from service and is reinstated either by the appointing authority or by virtue of the order of dismissal or removal being set aside by a civil court, the starting point of limitation, would be not the date of the order of dismissal or removal but the date when the right actually accrues, that is to say, the date of the reinstatement, by the appointing authority where no suit is filed or the date of the decree where a suit is filed and ..... . b-7 dated 3-5-1980, which was received by the plaintiff on 6-5-1980, and as in ex.b-8 the plaintiff himself stated that efforts would noy be spared to hand over the charge expeditiously, the question of dismissal or removal of the plaintiff by the society on the basis of any charges levelled against him did not arise and, therefore, no approval of the competent authority was necessary under section 3 of the andhra pradesh recognized private educational institutions (control) act, 1975 ('the 1975 act' for short) ..... years. in rajendra prashad's case the supreme court declared that the order of suspension of the appellant ceased to be operative from 17-10-1975 and that he could not be denied his salary for the period from 20-2-1964 to 15-1-1966, even though the suit for recovery of arrears of salary was filed in 1968 as seen from the discussion at para 8 in kayastha pathshala .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(3)ALT562
..... fathima soghra has a documented support in ex.a-2 (copy, ex.a-7), the registered settlement deed dt.10th aban 1347 fasli (15-9-1938) the formal proof of which is given through the testimony of the attestor p.w.3 and the legal proof established by virtue of section 90 of the evidence act, the document being 30 year old and its coming out from the proper custody, is not in challenge when the court will presume that the signature and every other part of the document which purports to be in the handwriting of any particular person, is in that person ..... 's handwriting and in the case of a document executed or attested, that it ..... chief judge, city civil court, hyderabad dated 29-1-1964 discloses that the suit filed by syed ali hussain, the paternal uncle of the plaintiffs for partition against the plaintiffs' mother fathima soghra and other close relatives which came to be dismissed also confirms the suit survey number having been in the possession of the family of the parents of the plaintiffs and the others having no right in the same. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(6)ALT264
..... belong to the estate of rama rao and ..... days prior to the death of suseela devi and were in possession of the keys of the iron safe and other valuable properties and so the 1st defendant is accountable for the return of the articles mentioned in the plaint c schedule in specie or the value thereof and for the cash mentioned in the plaint d schedule to the plaintiff.suseela devi died intestate and after her death all the properties mentioned in all the schedule devolved upon the plaintiff as the sole surviving heir under hindu succession act as the schedule properties originally ..... , : [1964]2scr722 held at para-14 as hereunder:'there is also one other consideration which supports the above construction. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(6)ALD582; 2005(6)ALT364
..... (in para 847 mandal) that this exercise should be entrusted to a permanent statutory body comprised of experts in the field and the reason underlying the enactment of the 1993 act is the recognition that such exercise and its consequence have critical implications for the equilibrium of our civil society, for the very basic constitutional value of equality and extended impact on vast sections of the indian population, both on those who find inclusion for affirmative benefits and on those excluded ..... it is here, and that in the fundamental rights that such a provision ought to be made for such minorities as the muslims, christians and the scheduled castes.then sir, i am opposed to the amendment moved by pandit kunzru ..... . 301, education department, dated 03-02-1964 scrapping the lists of backward classes with effect from 01-04-1964 and further ordering to give financial assistance to economically poorer sections having annual income of ..... . : [1964]6scr368 (chitralekha) the supreme court considered certain objections to the implementation of the mysore government's order dated 26-7-1963 whereby backward classes were identified only on economic and occupation criteria without ..... (emphasis supplied)the following observations at air para 147 of venkataramiah, j, need to be noticed.there is one other basis on which a classification made for purposes of article 15(4) and 16(4) of the constitution has received the approval of this court in chitralekha's case : [1964]6scr368 ( .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD28; 1998(6)ALT318
..... in abdul khader 's case (supra) the question that arose for consideration was whether the provisions in the luxury tax on tobacco (validation) act (9 of 1964) enacted by the state legislature of kcrala are void on the grounds that (1) the state legislature lack in the legislative competence to enact the act; and (2) the provisions of the act were not protected by article 301 of the constitution of india. ..... petitions are filed challenging the validity of the andhra pradesh tax on luxuries act, 1987 as amended by act no.28 of 1996 (hereinafter referred to as the impugned act) on the ground that it is ultra vires articles 14, 245, 246, 265, 269, 286, 301 and 304 of the constitution of india and, therefore, unconstitutional and void as the purported levy of the tax is in effect and substance a tax on sales and, therefore, void, and ultra vires the section 15 of the central sales tax act, 1956, and consequently the 1st respondent has ..... it was argued that the provision in section 78 of madras district boards act imposing the land cess quoad royalty under mining leases must be held to be repealed by the mines and minerals (regulation and development) act, 194s (central act lie of 1948) or in any event, by the mines and minerals regulation and development act, 1957 (central act lxvii of 1957) so that after the date when these central enactments came into force the land cess that could be levied under section 78 must be exclusive of royalty ..... swami goundan , where sir maurice gwyer, cj. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALD416; 1999(5)ALT326
..... the learned standing counsel for the petitioner also contended that the life span of the award made by the industrial tribunal in id no.39 of 1987 is only one year as per section 19(3) of the act, and it is open to the parties to terminate the award under sub-section (6) of section 19 of the act, and, therefore, it cannot be contended that the award is likely to be in favour of the second respondent and that will be in force till the second respondent completes ten years of service in category v. ..... , they are designed to protect the workmen concerned during the course of industrial conciliation, arbitration andadjudication, against the employer's harassment and victimisation, on account of their having raised the industrial dispute or their continuing the pending proceedings, on the other they seek to maintain status quo by prescribing management conduct which may give rise to fresh disputes which further exacerbate the already strained relations between the employer and the workmen.section 33-a of the act reads: '33a special provision for adjudication as to whether ..... secondly, this case involves the very question of maintainability of the complaint filed by the second respondent under section 33a of the act, and if the court finds that the complaint is not maintainable in the sense that the second respondent is not a 'workman concerned', deciding the merits of the case i.e. ..... ramji singh, (1964) ii llj 143, clarified its observation in k.t. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD582; 2001(6)ALT433
..... rule 19 of the rules is to the effect that if there is likely to be delay in finalizing the enquiry either for issue of integrated community certificate or for cancellation of such certificate duly following the procedure contemplated under section 5 read with rules 8 and 9, the competent authority may inform the principal or the educational institution to admit the candidate (in the case of educational institutions) on the basis of the declaration given by the candidate and that such admission shall be provisional for a period of three months from the date of communication from the competent authority. ..... to private litigation is relaxed and a broad rule is evolved which gives the right of locus standi to any ember of the public acting bona fide and having sufficient interest in instituting of an action for redressal of public wrong or public injury, but who is not a mere busy body or a meddlesome interloper; since the dominant object of pil is to ensure observance of the provisions of the constitution or the law which can be best achieved to advance the cause of community or disadvantaged groups and individuals or public interest by permitting ..... during the hearing of the matter it was stated by the learned counsel for the petitioner that the association had been formed in the year 1964. ..... union of india, : 1989(40)elt226(sc) ; nawab sir mir osman ali khan v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(3)ALT257
..... title of plaintiffs on 10-4-1974, the suit filed on 12-6-1974 is within limitation under article 58 of the schedule to the limitation act. ..... the hyderabad money lenders act were acquiring properties by charging interest at a rate higher than what is allowed under the money lenders act, that whenever the defendants advanced loans, instead of taking pronotes they were taking sale deeds and in turn were executing reconveyance deeds collecting interest in the form of rent and mat since, the object of the sale deed is unlawful, the transaction is void under section 23 of the contract act on the question of limitation, the trial court found that as the defendants have denied the ..... the period stipulated under the agreement dated 16-6-1964 having expired, the plaintiffs are not entitled to ask for reconveyance. ..... by mutual consent three years period was extended by three more years by a fresh agreement dated 16-6-1964. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(4)ALT105
..... proved in accordance with section 47 of the indian evidence act as the governing provision in regard to proof of such documents which contemplates that when the court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by* that person, is a relevant fact, and it is explained that a person is said to be acquainted with the handwriting of another person when he has ..... a division bench of our own high court in zulaiqa bee's case (4 supra) while referring to the settled law in this behalf has laid down that under the mohammedan law three essential conditions are necessary for the gift to take effect: (1) a declaration of the gift by the donor; (2) acceptance of the gift express or implied by or on behalf of the donee; and (3) delivering of possession of the subject of gift by the donor to the donee, and that if these conditions are satisfied, the gift will be complete. in md. ..... a-13 and it was further taken up to the high court in second appeal which came to be dismissed on 30-6-1964 as per the certified copy ex. a-14. .....
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