Court : Andhra Pradesh
Reported in : [1986]60CompCas568(AP)
..... the company; they have the power of defining how, and when, and in what shape, and under what supervision, it shall start into existence and begin to act as a trading corporation. if they are doing all this in order that the company may, as soon as it starts into life, become, through its managing directors, the purchaser ..... registered as a company. a partnership must be one such. this is made clear by the provisions of section 255 of the 1913 act (present act section 567) and section 256 of the 1913 act (present act section 568) where under a deed of partnership has to be filed before the registrar before seeking the registration. hence, a partnership which ..... is not effected and the heir acquired the status of the tenant : sadanand mandal v. jyotish kanta ray, air 1926 cal 952. recently in a case arising under the andhra pradesh buildings (lease, rent and eviction) control act of 1960 our learned brother, seetharam reddy j., held that when a person continues in possession in a building after .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1985]152ITR163(AP)
..... : [1982]137itr827(cal) , by the madras high court in cit v. manjushree plantations ltd. [1980] 125 itr 150 by the karnataka high court in cit v. mysore commercial union ltd. : [1980]126itr340(kar) , and, therefore, house rent allowance cannot be reckoned as a perquisitea. it may, however, be stated that this court in a couple of ..... 'capital asset', meaning property of any kind held by an assessee, whether or not connected with his business or profession, but does not include any stock-in-trade, consumable stores or raw materials held for the purpose of his business or profession. true, some intangible assets like technical know-how, copyright, trademark and so on ..... that it was incorrectly decided, superseded the judgment by enacting the explanation to s. 10(14) with retrospective effect from april 1, 1962, by the finance act, 1975, by which the position was clarified that the allowance was meant for meeting personal expenses at the place where the duties of the office are ordinarily performed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALT674
..... covered by the mff agreement cannot be construed as being against statute or against public policy.the decision of the apex court in sudarshan mineral co. ltd. bilwara vs . union of india : [1975]3scr547 is a case where there was increase in dead rent. it has no application to the case on hand.87. as rightly contended by the ..... at the receiving end have no other option but to sign the documents.the method adopted by the authorities is against the law. when the state is entering into trading activity, it is bound to follow the statutory provisions. he would submit that the judgment of the full bench of the kerala high court in thressiamma jacob vs. ..... .67 of 1957) has been enacted to provide for the development and regulation of mines and minerals under the control of the union. clause (c) of section 3 of the act defines 'mining lease' to mean a lease granted for the purpose of undertaking mining operations, and includes a sub-lease granted for such purpose. section 3(d) defines 'mining .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2010(3)ALT1
..... 480, mangu ram v. municipal corporation of delhi (8) : (1976) 1 scc 392, patel naranbhai marghabhai v. dhulabhai galbabhai (9) : (1992) 4 scc 264 : air 1992 sc 2009 and union of india v. hanuman prasad and brothers (10) (2001) 8 scc 476 : 2000 air scw 3934 (2), supreme court ruled that the phrase 'but not thereafter' used in the proviso ..... resolve the issue in favour of curtailment of the court's powers by the exclusion of the operation of section 5 of the limitation act.13. in fiza developers and inter-trade private limited v. amci (i) private limited (11) 2009 (7) scj 564 : 2009 (4) arb. lr 176 (sc), supreme court answered the question whether 'issues' as contemplated under ..... special features exist therefor. no such special features, in the instant case, have been brought to our notice.23. in tata hydro electric power supply company limited v. union of india (18) : (2003) 4 scc 172 (para 21) : air 2003 sc 1581, a similar view was taken. further more, under section 34 of the arbitration .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALD322
..... in aligarh muslim university v/s mansoor alikhan, : air2000sc2783 , their lordships of the supreme court held as follows:'as pointed recently in m.c. mehta v. union of india there can be certain situations in which an order passed in violation of natural justice need not be set aside under article 226 of the constitution of ..... ., as he then was, sitting in a division bench of the karnataka high court explained the concept of tenancy at sufferance in the following words (vide m/s. sudarshan trading co. ltd. v. l.d. souza(3) : air1984kant214 'if, after the expiry of the period of lease or after its determination, a tenant merely holds over ..... originally running a hotel was acquired by the devasthanam for the construction of 'queue complex' under a master plan and under the provisions of the land acquisition act and the owner concerned was paid the compensation. 2) the tenant approached various authorities seeking allotment of alternative accommodation to eke out his livelihood.3) devasthanam in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(6)ALD312
..... fully owned by the army welfare educational society, which in turn is fully owned and controlled by the indian army and the indian army is fully controlled by the union of india. therefore all the functions of the army school are controlled and governed by officers of the indian army in their official capacity and not as private ..... rastogi's case (supra) the question which arose for consideration, before the delhi high court was as to whether the army welfare housing organization, registered under the societies registration act, was an instrumentality of the state within the meaning of article 12 of the constitution of india, and the delhi high court held thus:'...in my opinion, the financial ..... pavement dwellers was in issue in olga tellis case (supra). this right to live or dwell on pavements was held as not applicable to hawkers carrying on trade or business on pavements, in sodhan singh v. new delhi municipal committee, air 1989 sc 1988, and it was held that the right to carry on any .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP448
..... of the testator in bandar; 3. the account books of the partnership shall be taken as the basis for ascertaining the profits. 4. the value of the stock-in-trade of the business on 11-4-1946 be ascertained and a 1/12th share therein shall be paid to each of the plaintiff and the 4th defendant. the trial court ..... estate it would not carry the intermediate income, this is how the the proposition is stated in 'theobald on the law of wills' at p. 166 (11th edition):'before 1926 a contingent specific bequest of chattels real or pure personalty, did not carry the intermediate profits, unless the subject-matter of the gift was directed to be set apart from ..... was remarked in the course of the judgment that amendments ought to be granted unless a party was acting mala fide or by his blunder some injury to his opponent which could not be compensated by costs would be caused. the rule stated in union of india v. shalimar tar products. : air1953pat131 is the same as the one in : air1954pat439 .46. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1982AP253
..... that arose under the government premises (eviction) act (27 of 1950) in brigadier k. k. verma v. union of india, : air1954bom358 , s. 1 (b) the words 'that any person is in unauthorised occupation of any government premises' were explained ..... has no right to claim injunction. the courts cannot take cognizance of the possession of a tenant by sufferance. in one of the recent cases in sri balaji trading company v. veeraswamy srinivasan, (1980) 1 andh wr 28, this court held that a tenant by sufferance is entitled to an injunction.10. in a case ..... possession of a tenant by sufferance, cannot be considered as unauthorised. the supreme court again considered the case of 'kapali talkies' under regulation 30 of the madras cinemas regulation act, 1955, after expiration of lease period, whether possession of such a tenant, thereafter, was 'lawful'. a single judge of the madras high curt held, the tenancy without .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1978AP422
..... prohibiting the grant of a lease if income-tax clearance certificate is not produced of other conditions prescribed in the rules were not satisfied.14. in phulchand v. union of india, : air1975ori110 it was held that an application not accompanied by the prescribed fee is not an application in the eye of law. after referring to ..... by paying the amount in 18 instalments of rupees 85,836-50 each and agreed not to sell ore to any private party except to minerals and metals trading corporation and ferro alloys corporation. this is merely an agreement entered into between the parties giving certain concessions to the petitioners in the matter of clearing the ..... applications should be accompanied by income-tax clearance certificate and certificate that there are no dues of mineral revenue. taking into account the entire scheme of the act, its object and purpose we are of the view that the requirement of production of these two documents is mandatory especially when we consider this provision in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(240)ELT201(AP)
..... duty of excise shall be enhanced or reduced by the addition or reduction of the amounts in respect of such matters as are specifically provided in this act.in navin chemicals mfg. and trading co. ltd. case 1993 (68) elt (sc) relied on by the learned counsel for the respondent, the apex court, while considering the provisions ..... . commissioner of central excise 2007 (213) elt 658 (bombay) commissioner of customs and central excise v. primella sanitary products (p) ltd. : 2002(145)elt515(bom) ujagar prints v. union of india : [1989]179itr317a(sc) commissioner of central excise, baroda v. m.m. khambhatwala : 1996(84)elt161(sc) (supreme court) pawan biscuits co. (pvt.) ltd. v. ..... a preliminary objection relating to the maintainability of the appeals in this court. by relying on section 35g(1) and section 35l of the central excise act, 1944 (the act) he contended that the appeals against the orders impugned in these appeals can lie only to the supreme court but not to this court, and even .....
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