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Judgment Search Results Home > Cases Phrase: hindu marriges validation of proceedings act 1960 Court: andhra pradesh Year: 1997 Page 1 of about 9 results (0.065 seconds)

Jul 11 1997 (HC)

Uppari Muthamma and ors. Vs. Special Tribunal, Under A.P. Land Grabbin ...

Court : Andhra Pradesh

Decided on : Jul-11-1997

Reported in : 1997(6)ALT481

..... into play when there is erroneous representation by the transferor to the transferee and subsequent to transfer the limited right of the transferor enlarged by fraudulent subsequent legal confirment validating such an act of transfer. this section 43 will not apply where the transfer is invalid as being forbidden by law or contrary to public policy. from this it follows that there ..... court, hyderabad and o.s. no. 104/82 on the file of the principal sub-court, rangareddy district, which are pending. the applicants having suffered some orders in the above proceedings, rushed to the special court to declare the respondents 1 to 10 as land-grabbers which is illegal, unlawful. they urged that the revenue receipts and other documents filed by ..... court observed that there is no evidence to show that the property in question was acquired by uppari ramaiah with the funds of the joint family. the manager of joint hindu family can alienate the joint family property including the shares of his sons either for family necessity or to discharge antecedent debts. if it is alienated for the said purpose ..... . kaneeza fathima begum was the landlord and uppari ramaiah was her protected tenant for an extent of ac. 14.06 guntas. it was their case that they have constituted a hindu joint family and late ramaiah and themselves had cultivated the land jointly and in the year 1980 they got the landmutated in their names and paid land revenue due to .....

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Apr 04 1997 (HC)

Vasudeva Sharma Vs. Executive Officer, T.T.D., Tirupati and ors.

Court : Andhra Pradesh

Decided on : Apr-04-1997

Reported in : 1997(2)ALD(Cri)292; 1997(3)ALT669; 1997CriLJ3429

..... classification in the realms of judicial power. hence, such proceedings have some times been styled suigeneris. that they are largely of a criminal nature inasmuch as the court has power to convict and punish for ..... the court or in aid of the rights of the litigant or for both these purposes combined. by reason of this two fold attribute, proceedings in contempt may be regarded as anomalous in their nature possessed of characteristics which render them more or less difficult of ready or definite ..... to adopt punitive measures against the person who has defied its authority; at that stage at least the proceedings may assume a criminal character. in this manner the dividing line between acts which constitute criminal and others which constituted civil contempt may become indistinct in those cases, where the two gradually ..... civil action for the benefit of the opposing party therein. consequently, in the case of a criminal contempt, the proceeding is for punishment of an act committed against the majesty of the law and as the primary purpose of the punishment it the vindication of the public authority the ..... proceeding conforms as nearly as possible to proceedings in criminal cases. in the case of a civil contempt on the other hand, the proceeding in its .....

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Aug 07 1997 (HC)

Velpur Gram Panchayat and anr. Vs. Asst. Director of Marketing, Guntur ...

Court : Andhra Pradesh

Decided on : Aug-07-1997

Reported in : 1998(1)ALD625

..... that such expression was made in the light of the background in which the question was considered whether the provisions east punjab holdings (consolidation and prevention of fragmentation) (second amendment validation) act, 1960 was to be considered to make a village panchayat a local authority, a statutory body for the purpose of article 12 of the constitution. neither there is any pari materia ..... letter no.374/97 dated 20-3-1997. barring this, no other material is produced by the respondents as to the genesis of such proceedings. the impugned proceedings clearly prevent the petitioners from having the cattle shandy in velpur gram panchayat with a direction to shift it to the market yard at krosur. barring reference to section ..... of their respective contentions. they have not spared any pains in dealing with the serious questions in the case. not -withstanding the legality, propriety or otherwise of the impugned proceedings and the right of the petitioners in regard to the weekly shandies in the gram panchayat area of velpur on facts as above, interesting questions have arisen to be resolved ..... market yard forthwith, i request you not to conduct auction for subsequent period beyond 31-3-1997. yours faithfully, sd/- person-incharge agricultural market committee krosur'7. basically such proceedings were issued on the representation made by respondent no.3 to the hon'ble minister for panchayat raj and rural division and on the instructions of the 1st respondent by .....

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Apr 01 1997 (HC)

D.S. Krishna Vs. Digvijay Industries

Court : Andhra Pradesh

Decided on : Apr-01-1997

Reported in : 1997(3)ALT756

..... most important question as regards the applicability of a.p. buildings (lease, rent & eviction) control act, 1960. section 32 (a) of the said act lays down that 'the provisions of this act shall not apply to any building owned by the government.' if this exclusionary clause applies, the entire proceedings before the rent control and appellate courts will be without jurisdiction and the decisions rendered ..... petition, that in the face of the findings of the civil court in the suit and in the appeal, the rent controller was not justified in holding that there was valid tenancy between the petitioner and the state government. the learned appellate judge further observed that the petitioner went against the interest of landlord even in the absence of any threat ..... was held that by sub-leasing the demised premises, the respondent did not commit any breach of the covenants in the lease. it was further held that there was no valid determination of lease. it was also found that the possession was not taken over from the plaintiff in pursuance of the g.o. the appeals against the said judgments were ..... in year 1995. in the meanwhile, the state legislature passed the azamabad industrial area (termination and regulation of lease) act, 1992. the act was upheld by the high court.4. the respondent is also one of the persons who challenged the validity of the act before the high court. on appeal to the supreme court, the supreme court recorded the statement of the counsel .....

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Mar 28 1997 (HC)

Indian Banks Association Vs. Workmen of Syndicate Bank and ors.

Court : Andhra Pradesh

Decided on : Mar-28-1997

Reported in : 1997(4)ALT592; (1998)ILLJ23AP

..... them to take the view of the deposit collector as not being an employee as defined in section 2(6) of the kerala shops and establishments act, 1960, that mere employment of the persons in connection with the establishment is not enough but their employment must be wholly or principally in connection with the ..... the depositors withdrawing their deposits after the deposit collectors had collected their commissions. the court held that it was not a matter to be decided in writ proceeding. taking the view that the relationship between the parties was governed by the terms of the contract, the appeal was allowed. there was no determination in ..... decision has since been held per incuriam in h. r. adyanthaya v. sandoz (i) ltd., (1995-i-llj-303) (sc). 27. we have hence to proceed on the basis that a person to be a workman must belong to the four categories as was discussed in (1995-i-llj-303) (sc). 28. even so ..... servant is a pure question of fact which the tribunal has a jurisdiction to determine, and that the determination is not liable to be questioned in proceedings under article 226 of the constitution of india unless, at the least, it is shown to be fully unsupported by evidence. it is on the ..... the parties either in annexure-i or annexure-ii, yet we find from the award that it had been allowed to be represented in the dispute proceedings through counsel, had examined witnesses and was treated as a party to the dispute. hence, even though the petitioner was directly not impleaded as a .....

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Jan 17 1997 (HC)

Maheshwar Rao P. Vs. Presiding Officer, Labour Court and anr.

Court : Andhra Pradesh

Decided on : Jan-17-1997

Reported in : 1997(1)ALT326

..... did not issue tickets to certain passengers. the industrial dispute instituted by hen was dismissed by the labour court. the validity of the award was assailed by him in a writ proceeding. it appears that before the learned go single judge of this court he contented that having regard to the quantum ..... are made out. the learned presiding officer of the labour court has exercised his discretionary power under section 11a of the industrial disputes act judiciously and has given valid and cogent reasons not to grant any relief to the petitioner. the penalty imposed by the disciplinary authority, in the facts and circumstances ..... with the punishment in the circumstances of the case. the supreme court, in tika ram and sons ltd., v. their workmen (1960-i-llj-514) (sc) held that the acts of dishonesty or fraud constitute misconduct of serious nature warranting the penalty of dismissal. in workmen of bharat fritz werner (p) lid ..... was unfit for position of trust and confidence, justified the employer in dismissing him. in delhi cloth and general mills limited v. kushal bhan (1960-i-llj-520) the supreme court justified the action of the employer in dismissing a workman for stealing a bicycle of a co-workman. in ..... v. union of india (1967-ii-llj-249) and by a division bench of bombay high court in madhosingh daulatsingh v. state of bombay (1960-i-llj-291). what is emphasized in these observations is the faithful, trustworthy discharge of duties by an employee towards his employer. in other words, .....

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Apr 10 1997 (HC)

Assistant Collector and Land Acquisition Officer (Rdo) and ors. Vs. Pa ...

Court : Andhra Pradesh

Decided on : Apr-10-1997

Reported in : 1997(4)ALT144

..... the o.p. passed by a competent subordinate judge or additional district judge in a land acquisition case is not binding on the court in another proceeding though the notification is one and the same. the land acquired under the same notification may not have similar potentialisties.'19. having given our anxious ..... rs. 90/- per sq. yard for lands covered under category-ii.5. agricultural market yard, godwal, the beneficiary of acquisition had no notice of the proceedings either before the land acquisition officer or before the reference court. however, on receipt of the communication dated 21-6-96 from the sub-collector, gadwal ..... an industry over an extent of ac.4-12 guntas out of ac. 5.52 guntas in 848. ex.a-14 is the proceedings dated 3-1-85 of the commissioner, gadwal municipality stating that municipal council, gadwal had passed a resolution dated 29-12-84 approving the proposal ..... situated in gadwal town for the purpose of extending the existing agricultural market yard at gadwal.2. the acquisition proceedings commenced with publication of the draft notification under section 4(1) of the act in the a.p. gazette dated 23-9-85. after due enquiry the land acquisition officer, having divided ..... case is no longer res integra. the view of shelat, j, as he then was expressed in special land acquisition officer v. lakhamsi, air 1960 bombay 78.'a judgment not inter partes in land acquisition reference and relating to land situate near the land in question is not admissible in evidence .....

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Jan 29 1997 (HC)

D. Seshagiri Rao and ors. Vs. State of Andhra Pradesh, Rep. by Its Sec ...

Court : Andhra Pradesh

Decided on : Jan-29-1997

Reported in : 1997(2)ALT556

..... , then subject to the legislative competence and the exercise being not in violation of any of the provisions of the constitution, such power cannot be questioned.the validating acts are enacted to validate the action taken under the particular enactments by removing the defect in the stature retrospectively because of which the stature or the part of it had been declared ..... with one single pay scale earlier. it was only at a later stage that a distinction was made between matriculates and non-matriculates, which led to the said proceedings. the court proceeded on the assumption that both matriculates and non-matriculate tracers 'were doing the same kind of work', yet the classification made was upheld as permissible under articles 14 ..... of 1990 for regulation of pay fixation of the lecturers of apes with retrospective effect from 1-4-1996 and the petitioners can raise the question of validity and applicability of the act and rules in the main writ petition and thus disposed of the contempt petition on 23-9-1991 holding prima facie the respondents not guilty of any contempt ..... equated with the post of deputy conservator of forests coming from hyderabad and bombay. this was objected to by the petitioners and others. the state government published a list in 1960 with slight modification. the central advisory committee accepted the petitioner's contentions made in their respective representations and in category iii only the officials, namely, deputy conservator of forests .....

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Nov 14 1997 (HC)

C. Balakrishna Vs. State of Andhra Pradesh and Others

Court : Andhra Pradesh

Decided on : Nov-14-1997

Reported in : 1998(4)ALD349; 1998(2)ALD(Cri)142; 1997(6)ALT581

..... in an arbitrary and unconstitutional manner. his submission is that at every step, there was an obstacle caused to see that the prosecution did not proceed and firstly influence was exerted to invoke section 321 of cr.pc to withdraw the prosecution. thecollector and district magistrate, chittoor had directed the public ..... view that the governor has got power is fortified by a 5 judge bench judgment of bombay high court in state v. k.n. nawvathy, air 1960 bom. 502. as such, i reject this contention with regard to jurisdiction and hold that the govcmor had jurisdiction to exercise his powers of clemency. ..... be said that the clemency power will take-away the fundamental right of the petitioner guaranteed under article 21 of the constitution, even if it acts as an exception to jail sentence so far as respondents 2 and 3 are concerned. inspite of the remission of sentence being granted to respondents ..... then it may be correct to state that the prosecution ought to have been allowed to be withdrawn. but, the legal position is otherwise. the act of withdrawal of the prosecution and granting of the same is a judicial function and not an executive one. the public prosecutor, without any extraneous pressure ..... in such a situation. there is no justification for applying the provisions of section 360 cr.pc or the provisions under the probation of offenders act.'the above judgment rendered by this court had become final.3. then, respondents 2 and 3 invoked the power of clemency of the governor under .....

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Jan 28 1997 (HC)

M. Sambasiva Rao Alias Sambaiah and ors. Vs. Osmania University, Rep. ...

Court : Andhra Pradesh

Decided on : Jan-28-1997

Reported in : 1997(1)ALT629

..... - 10 are regarding terms and conditions of service of chairman, vice-chairman and members, meetings of the council, vacancies amongst members or defect in constitution not to invalidate acts or proceedings of the council, temporary association of members with the council, staff of the council and the authentication of orders and other instruments of the council. the powers and functions ..... thus have no hesitation in declaring that under the circumstances and in view of unnikrishnan's case (1 surpa) and adiyaman case (2 supra), neither the constitutional validity of the aicte act and the regulations framed thereunder nor the legislative competence to enact such law by the parliament is any longer open for assailment.47. the state government and the ..... the public which is being examined in the background of such controversies this pil cannot but deserve its maintainability for a proper decision.32. strictly speaking, the constitutional validity of aicte act is not challenged on the anvil of the vires or ultra vires. but the legislative competence of the parliament to make such law similar to certain items of ..... of approval.15. the 24th respondent claiming to be a reputed institution imparting education having all the facilities and infrastructure running several colleges securing 90% results every year since 1960 and having complied with all the stipulations of the council commenced the mba course during the year 1995-96, affiliated by the university has also obtained approval from the .....

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