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Judgment Search Results Home > Cases Phrase: dharma hindu law Court: andhra pradesh Year: 2000 Page 1 of about 209 results (0.136 seconds)

Sep 27 2000 (HC)

Royal World Exima and Agencies, Guntur Vs. Reserve Bank of India, Hyd. ...

Court : Andhra Pradesh

Decided on : Sep-27-2000

Reported in : 2000(6)ALD308; 2000(6)ALT224

..... does not appeal to us'.13. on the other hand, the learnedcounsel for the 3rd respondent-bank submits that the very award of the ombudsman is illegal and contrary to law. the findings of the ombudsman that the bank was negligent is absolutely unfounded. he refers to various decisions on this aspect to establish that there was no fault on the ..... pass an award after affording the parties reasonable opportunity to present their case. he shall be guided by the evidence placed before him by the parties, the principles of banking law and practice, directions, instructions and guidelines issued by the reserve bank from time to time and such other factors which in his opinion are necessary in the interest of justice ..... the reserve bank of india whether the award was complied with or not. it is also stated that there are serious disputes with regard to the question of fact and law. therefore, it has to be decided in aproper proceedings before the competent forum.5. the question that calls for consideration in the writ petition is whether the award passed by .....

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Jul 25 2000 (HC)

Giridhari Lal Constructions Pvt. Ltd., Punjab Vs. Union of India

Court : Andhra Pradesh

Decided on : Jul-25-2000

Reported in : 2000(4)ALD510; 2000(4)ALT402

..... in awarding the contract to the 5th respondent after carefully perusing the original records placed before us at the time of hearing.19. the law relating to award of contracts by the state, its corporations and bodies acting as instrumentalities and agencies of the government has been well settled ..... this contention also'.from the above observation, it cannot be said that whenever a fresh or revised tender notification is issued, by force of law, the earlier tender notification stands rescinded/cancelled. the allahabad high court has not laid down any general principle which could be applied to eachand every ..... formalities prescribed by article 299 of the constitution, the contractual liability of the state is the same as that of an individual under the ordinary law of contract. article 299 of the constitution only lays down the formalities which must be complied with in order to bind the government with ..... india which conjointly govern the government contracts.11. though a government contract is a species of the genus contract and is governed by the same law of contract, i.e., the indian contract act, yet it is a thing apart, a class by itself, calling for special and distinct ..... standing counsel would submit that there is total lack of pleading and proof to bring home the charge of malice-in-fact or malice-in-law against the respondent authorities. the learned standing counsel would maintain that the action of the official respondents in awarding the subject contract to 5th .....

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Mar 24 2000 (HC)

Patel Desai and Co., Secunderabad Vs. Asst. Commissioner of Income Tax ...

Court : Andhra Pradesh

Decided on : Mar-24-2000

Reported in : 2000(3)ALD274; (2000)165CTR(AP)655; [2000]243ITR689(AP)

..... cases, the impugned conclusion should be so plainly inconsistent with the relevant statutory provision that no difficulty is experienced by the high court in holding that the said error of law is apparent on the fact of the record..... if a statutory provisionis reasonably capable of two constructions and one construction has been adopted by the inferior court or tribunal, its ..... the tests governing the determination of the nature of the expenditure - whether it is business expenditure or capital expenditure. the commission actively applied its mind to this mixed question of law and fact with which it was confronted and purported to record its conclusion in the light of the principles and tests laid down in decidedcases on the interpretation of section ..... there is no nexus between the reasons given and the decision taken by the settlement commission; (iii) this court cannot interfere either with an error of fact or error of law alleged to have been committed by the settlement commission.' the propositions laid down in the above quoted passage have to be qualified by the proposition enunciated by their lordships of ..... commission and the nature of functions entrusted to it and the powers of the commission, we are of the considered view that the conclusions, both on questions of fact and law, reached by the commission cannot be nullified except under very limited circumstances. the judicial review power of the high court cannot be equated to the judicial review of administrative action .....

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Dec 19 2000 (HC)

Kakinada Municipal Contractors Sankshema Sangham Vs. Collector, Kakina ...

Court : Andhra Pradesh

Decided on : Dec-19-2000

Reported in : 2001(1)ALD293; 2001(1)ALT318

..... elaborate discussion in the matter, came to the conclusion to execute the works departmentally. therefore, it cannot be said that the decision taken by the municipal council is contrary to law and in violation of the provisions of a.p. municipalities act. on the other hand, if the petitioners have registered their names in the municipal council, as contractors, they have ..... the petitioners who have participated in the meeting and extended their consent, cannot now turn down and say that the decision taken by the respondents is illegal and contrary to law.8. it is also submitted that earlier the petitioner sangham filed writ petition 388 of 2000 when tenders were called for two drain works and the said writ petition was ..... is that the second and the third respondents are not acting as per the provisions of the a.p. municipalities act, 1965 and the rules framed thereunder and various bye-laws and government orders issued from time to time. the members of petitioner association have registered their names as contractors with the second respondent - municipal council to execute the works depending .....

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May 12 2000 (HC)

Pennar Delta Ayacutdars Association and Others Vs. Government of Andhr ...

Court : Andhra Pradesh

Decided on : May-12-2000

Reported in : 2000(3)ALD715

..... to have taken corrective steps having regard to the loss of khariff crop, but the second respondent-irrigation development board took a decision as published in the newspaper 'the hindu' on 30-3-2000 that 'no second crop would be permitted under pennar delta this year'. this is contrary to the determined and established rights as the ayacutdars of ..... capricious. if something is done without reason, it is capricious. this lexicographic definition of arbitrariness may not furnish a comprehensive meaning of arbitrariness as used in the field ofconstitutional law and administrative law. the expression 'arbitrary, arbitrariness and arbitrary and capricious' are defined in words and phrases, permanent edition vol.3a, west publishing company (1995-96 replacement edition), in ..... to a decision. what is the minimum and maximum extent of scrutiny would depend on circumstances of each case. these principles are well settled in english law, american law and as well as indian law. in shri sachidanand pandey v. state of west bengal, air 1987 sc 1109, the supreme court observed as under:'when the court is called upon ..... irrationality and procedural impropriety. (tata cellular v. union of india, : air1996sc11 .)34. illegality, as a ground of judicial review connotes that the decision maker must understand correctly the law that regulates the decision making power and must give effect to it. it is always a justiciable matter whether the decision maker appreciated all the relevant facts and applied the .....

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Aug 18 2000 (HC)

Y.S. Nanji Reddy Vs. the State of A.P., Rep. by P.P. Through Station H ...

Court : Andhra Pradesh

Decided on : Aug-18-2000

Reported in : 2000(2)ALD(Cri)546

ordern.y. hanumanthappa, j. 1. aggrieved by the order of the addl. sessions judge, hindupur, passed in crl. a. no. 28/94 dated 2-10-1994 confirming the conviction and sentence passed in s.c.no.231/92 on the file of the assistant sessions court, penukonda, the accused preferred this revision. on 6-12-1996, this court passed an order dismissing the crl. revision petition. the said order reads as follows:' perused the record. the learned sessions judge has given cogent and convincing reasons in support of his findings and the sentence imposed is in proportion to the gravity of the offence committed by the accused. therefore, i see no good grounds to interfere with the judgment under challenge. accordingly, the revision is dismissed. ' 2. subsequently sri padmanabha reddy, learned sr. counsel appearing for the revision petitioner made an oral request that the said order has to be recalled for the reason that the counsel for the petitioner was unable to attend the court when the case was called on 6-12-1996 as neither the case was listed in the cause list nor a notice was given to the advocate. the learned counsel further submitted that the petitioner has got a good case on merit. if the order dated 6-12-1996 is not recalled which was passed without affording an opportunity of hearing great prejudice will be caused to the petitioner. to know the truth or otherwise whether the case was listed in the cause list dated 6-12-1996, the case was called on 10-12-1997. with a direction to .....

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Dec 21 2000 (HC)

Govt. of A.P. and Others Vs. N. Rami Reddy

Court : Andhra Pradesh

Decided on : Dec-21-2000

Reported in : 2001(1)ALD443; 2001(1)ALT438

..... v. state of gujarat, (supra), it has been held that where a statute is declared ultra vires, the same is non-est in the eye of law. it is not a case where any executive decision is sought to be challenged by the petitioners. though, as indicated hereinbefore, they have approached this court ..... an elected member of parliament and consequently her right to hold the office of the prime minister of india stood revived. but, when a question of law is decided, as indicated hereinbefore, its ratio thereof cannot be said to be wiped out only because the operation of the said order is stayed. this ..... on the single judges and division benches until the judgment is set aside by the supreme court. though we do not agree with the statement of law and feel the principle to have been very widely stated yet ordinarily the matter to have been placed before a larger bench in giving the judgment ..... notifications. the property having been vested in the government would not get divested only because new notifications were published in 1991. if the conceded position of law is that the property was never divested from the government, the question of publication of notification afresh would in no way alter the position. in that ..... reform legislation from attack on the ground that they violate any of these three articles. then follows the second proviso which says that even where a law falls within article 31a it would not qualify for immunity if it seeks to acquire any portion of the land held by a person under his .....

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Feb 24 2000 (HC)

Dr. Sunil Kumar Vs. Amolaksingh (Died Per Lrs.)

Court : Andhra Pradesh

Decided on : Feb-24-2000

Reported in : 2000(3)ALD657; 2000(3)ALT390

..... agreement. it is needless to mention that the persons who are minors and who are of sound mind and are not disqualified from contracting by any law, are alone competent to contract in accordance with section 11 of the indian contract act and obviously the minors are not competent to enter into a ..... adjournment.)explanation :--an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule)'.6. the explanation to the rule has been inserted by means of an amendment under the act 104 of 1976. this ..... extracted hereunder:'compromise of suit .--where it is proved to the satisfaction of the court that a suit has been adjusted wholly or in part by any lawful agreement or compromise (in writing and signed by the parties), or where the defendant satisfies the plaintiff in respect of the whole or any part of ..... have signed. in view of the above contentions, the points that arise for my determination in these matters are :1. whether there has been a lawful compromise between the parties in writing and signed by the parties?2. what is the effect of not signing of the compromise by some of the parties ..... passed in os no.244 of 1982 respectively by the additional chief judge, city civil court, hyderabad. as the parties are same and common questions of law and fact are involved in both the proceedings, both can be disposed of together.2. for the sake of convenience and to avoid any confusion, it .....

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Sep 21 2000 (HC)

P. Purushotham Reddy Vs. Managing Director, Patc, Vellore, Tamil Nadu

Court : Andhra Pradesh

Decided on : Sep-21-2000

Reported in : 2002ACJ1011; 2000(6)ALD104; 2000(5)ALT716

..... . narayana contended that the tribunal committed an error in applying the theory of the contributory negligence and has failed to assess the just compensation as contemplated under the provisions of law. he has drawn our attention to the judgment of delhi high court in delhi transport corporation v. kumari lalitha, air 1982 del. 558, wherein it is held that the damages .....

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Jul 12 2000 (HC)

K. Komaraiah Vs. Industrial Tribunal-cum-additional Labour Court, Hyde ...

Court : Andhra Pradesh

Decided on : Jul-12-2000

Reported in : 2000(5)ALD298; 2000(4)ALT441; [2000(87)FLR357]

..... for the petitioners is to be accepted, it is likely to result in incongruous situation. for example, after the unit is closed down in accordance with law, there might be a large number of workmenwho might have attained the age of superannuation, a large number of workmen who might have submitted resignations and a ..... 25h of the act having regard to the other provisions of the act as well as the decided cases. this view is also supported by the case law relied on by the learned counsel for the petitioners.21. in ghatge and patil's case (supra), the management of the company introduced a policy of ..... be aware of the various provisions of the enactment while making amendments to the existing provisions and also applying the principle that the legislature is aware of the law as interpreted by the courts, the words used in subsection (2) of section 25h viz., 'workmen on the roll of the unit immediately before its ..... conditions are complied with by paying the amount under sub-section (8) of section 25-o, there is termination of contract of service amounting to retrenchment in law. to put it in another way, till the legal requirements ordained by the act are complied with and the government passes an order under subsection (2) ..... order1. all these writ petitions can conveniently be disposed of by a common order as common questions of facts and law arise for consideration.2. the additional industrial tribunal, hyderabad (hereinafter called 'the tribunal') by a common award dated 30-6-1999 in id .....

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