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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: andhra pradesh Year: 1973 Page 2 of about 39 results (0.095 seconds)

Oct 09 1973 (HC)

Md. Murthuza HussaIn Vs. S.V.L. Narayana Rao

Court : Andhra Pradesh

Decided on : Oct-09-1973

Reported in : AIR1974AP271

..... created for the maintenance or the personal enjoyment of the grantee, ought to be made not only in alienable but unattachable.5. section 6(dd) of the transfer of property act accordingly states that 'a right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred.' that provision ..... opinion of the executing court is , in the circumstances of the case , a reasonable maintenance.' 'i can myself no impediment in restricting the exemption in section 60(1) (n) to maintenance pure and simple and anything which, in the opinion of the executing court , is in excess of maintenance not being ..... in pursuance of such a right. the distinction is clear and has to be always borne in mind.13. c. venkataraju v. t. sathiraju 1954-2 mad lj 324 is another decision to which our attention was invited. sanjeeva row nayudu, j. dissented from the said decision. in that decision , mack ..... opposed to several decisions referred by him. he therefore referred the matter to a division bench and that is how it has come before us.2. the question arising from the facts is whether an amount of maintenance decree can be attached by a decree-holder who has obtained a decree ..... court in c. narayana reddi v. state of andhra pradesh , (1964) 2 andh wr 388 held ,'the prohibition against attachment of a right to future maintenance is based on grounds of public policy. the interdiction under section 60(n), civil procedure code, being absolute to allow the government to reach the fund .....

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Jul 17 1973 (HC)

Sri Saibaba Rice and Groundnut Oil Mill Jaggayyapet Vs. State of Andhr ...

Court : Andhra Pradesh

Decided on : Jul-17-1973

Reported in : AIR1974AP282

..... that when the writ petition is dismissed, no direction can be given. it creates a very embarrassing position. since the writ petition is dismissed, the authority which is directed to act in a particular way can with impunity flout the direction, and this court will not be able to take any contempt proceedings. secondly, in giving direction against any authority, the ..... advisable to avoid giving directions, when the writ petitions are dismissed at the admission stage and without hearing the other side, which is likely to be affected by such direction.2. on merits of the case, we agree with the learned judge that there are disputed questions of fact which have to be decided first by the primary authority. the petitioner .....

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Oct 12 1973 (HC)

Shamamma and anr. Vs. Ramachander Rao and ors.

Court : Andhra Pradesh

Decided on : Oct-12-1973

Reported in : AIR1974AP150

..... depositing the amount. the licencing authority has also a clear discretion vested in it to refuse the grant of licence either wholly or partly under proviso to sub-section(2) of section 3 of the act. if the licencing authority does not refuse licence then it is bound to issue licence within a period of two weeks. on a perusal of the provisions of ..... to be taken that for the purpose of renewal , as per rules, the application should be made before the expiry of the period of licence. as per sub-section(2) of section 3 of the act, the discretion is given to the licensing authority to refuse renewing the licence also in case the money lender is of an undesirable conduct. except in these two ..... and obtaining money lender's licence in the form of schedule c attached to the rules. rule 8 provides that a money lender's licence granted under sub-section(2) of section 3 of the act, shall be in the form of schedule(c) attached to the rules. as per rule 9, the fee to be charged for every licence is held to be ..... money lender shall, before the expiry of the period of licences obtain another licence.'11. from a perusal of the provisions of the act and the rules, it is thus clear that a money lender under this act(section 2, sub-section 7) should get his name registered by presenting an application in writing in the prescribed form to the competent officer. on such application .....

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Dec 12 1973 (HC)

Mothika Mutyalu and anr. Vs. Mothika Appayyalingam and ors.

Court : Andhra Pradesh

Decided on : Dec-12-1973

Reported in : AIR1975AP19

..... their appeal, gives rise to a short question of law. whether or not the after-born sons can take advantage of the extended period of limitation provided under section 6 of the limitation act, 1963 ?2. in order to appreciate the scope of the question, it is necessary to briefly refer to the material facts which are not in dispute and which lie ..... family to set aside his father's alienation of ancestral property may be filed within 12 years from the date of the alienee taking possession of the property. section 9 of the limitation act provides that when once time has begun to run, nothing stops it. in other words, no subsequent disability or inability to institute a suit by the party would ..... when the alienee took possession of the suit property must be held to be barred by limitation unless the extension of time provided under sections 6 and 8 of the limitation act can be availed of by them. section 6 provides for an extension or enlargement of the period of limitation in the case of certain persons suffering from a legal disability, viz ..... ., a minor, an insane person or an idiot, for instituting a suit or making an application for the execution of a decree. however, the provisions of section 6 would .....

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Mar 19 1973 (HC)

In the Matter Of: A. Sreeramulu

Court : Andhra Pradesh

Decided on : Mar-19-1973

Reported in : AIR1974AP106

..... the court could go into the question whether a state of emergency existed justifying the proclamation of the governor general of india under section 72 of the government of india act, 1919. the privy council said.'that raises directly the question who is to be the judge of whether a state of ..... would show that there was a complete break down of law and order in a large area of the state and strike by a great section of government employees practically paralysing the government. i have also explained earlier, that those considerations are, without doubt, relevant considerations which may be taken ..... institutions etc., and other demands such as the scrapping of the telengana regional committee etc., into a demand for a separate andhra state. large sections of the people belonging to different walks of life jumped into the fray. an agitation was started for a separate andhra state. the prime minister ..... the house of lords in padfield v. minister of agriculture , 1968 (1) all er 694 and by the privy council in rossclunis v. papadopoullos , 1958 (2) all er 23. he particularly relied on the observations of lord morton in the last case where he said .'there lordships ....................... think that if it could be ..... emergency exists. a state of emergency is something that does not permit of any exact definition: it connotes a state of matters calling for .....

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Apr 24 1973 (HC)

B.N. Chobe Vs. A. Chaffar Khan

Court : Andhra Pradesh

Decided on : Apr-24-1973

Reported in : AIR1973AP305

..... a court the continuity of the office as such is maintianed' it is this principle which is incorporated in section 14 of the andhra pradesh general clauses act which reads as follows:-'section 14, where an act confers a power or imposes a duty on the holder of an office, as such, then the power ..... record. where further issues are required to be tried, or additional evidence is to be taken, the court of appeal is bound to act according to the provisions of sections 565, 568 and 569 of the code, but cannot order a new trial. even when there has been an irregularity on the ..... again the various authorities referred to by this court in the said decision. in the course of the judgment the provisions of section 14 of the andhra pradesh general clauses act have also been invoked. the principle laid down in the above case may well be applied to the instant case. there ..... of civil procedure, 1908 was made applicable to the hyderabad territory, nevertheless the schedule attached to the hyderabad small causes courts act still retained clause 6 excluding the operation of section 213 to 221 of the hyderabad code of civil procedure corresponding to order 18, rules 5 and 10 to 18 of ..... before us is whether a judge exercising jurisdiction under the provisions of the hyderabad small causes courts act can act upon the memorandum of evidence already recorded by his predecessor, or whether he should conduct a trial de novo.2. in r.s. mahmood v. syed ahmed, : air1963ap65 a division bench of this court .....

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Feb 05 1973 (HC)

Gopala Krishna Murthy Vs. B. Ramachander Rao and ors.

Court : Andhra Pradesh

Decided on : Feb-05-1973

Reported in : AIR1973AP309

..... party at any stage of the suit to make an application to the court seeking that summons be issued to a witness either to give evidence or to produce documents. (2) the court is not entitled to refuse such an application on the ground that it might cause delay in the trial of the suit on the adjourned date of the ..... before their lordships the plaintiff had applied for summonses to be issued to the person mentioned in the list of witnesses filed in that court. this application was filed on 2-4-1921 while the suit stood adjourned to 13-4-1921. the lower court in that case had dismissed the application observing that the application was made at too late ..... by shankermut. in my opinion the rejection of the application on this technical ground by the court below is unwarranted and this ground for rejection cannot be permitted to stand.2. the court below has not kept in mind the provisions of order 16, rule 1, civil p. c. in dismissing the present application. order 16, rule 1, civil p. c ..... 1. this revision petition is filed to revise the order of the ii assistant judge, city civil court, hyderabad, made in i. a. no. 163 of 1968 in o. s. no. 32 of 1967 on his file. the petitioner filed the said i. .....

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Mar 12 1973 (HC)

Ariyur Mohammed Habeebur Rahman and ors. Vs. Ansuri Varamma (Died) and ...

Court : Andhra Pradesh

Decided on : Mar-12-1973

Reported in : AIR1974AP113

..... from such a decree except on the ground that it was in excess of or not otherwise in accordance with the award. sec. section 39(1)(vi) of the arbitration act provides for an appeal against an order refusing to set aside the award.11. in the instant case, the application by the ..... court , an appeal against the order of the court refusing to set aside the award falls under section section 39(1)(vi) of the act. it is not an appeal falling under section 17 of the act read with section 96, civil p.c.' and v. chetti v. v. chetty, air 1957 andh pra 493 ..... a division bench of this court consisting of chandra reddy , c.j. and venktesam, j., held that :-'............ where, in proceedings under section 14 of the arbitration act, one of the parties to the arbitration agreement files objection against the award on the ground that the arbitrators had misconducted themselves and the ..... was) in lakshmikanta rao v. venkateswaralu, : air1960ap576 held that :'................ rules 1 and 2 framed under the arbitration act require that an application for setting aside an award should be in writing . article 11 (m) of the court - fees act prescribes the payment of court-fee. on a combined reading of these provisions it is ..... no. 51 of 1965, whereby the district judge, khammam, allowed the appeal and set aside the award.2. briefly stated, the facts are: the father of the revision-petitioners agreed to sell 5 1/2 acres of land, bearing survey no. 320 situated at khammam, to the 1st respondent, for a sum of .....

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Jul 17 1973 (HC)

Srivenkateswara Constructions and ors. Vs. the Union of India

Court : Andhra Pradesh

Decided on : Jul-17-1973

Reported in : AIR1974AP278

..... judges, vijayawada graning stay of suit in i. a. no. 1050 of 1972 in o. s. no. 442 of 1971 under section 34 of the indian arbitration act, hereinafter called 'the act'.2. the plaintiffs filed the suit o. s. no. 442 of 1971 in the court of the subordinate judge, vijayawada against the ..... learned counsel invited our attention to the following cases. in anderson wright ltd, v. moran and co., : [1955]1scr862 the provisions of sec. 34 of the act were analysed and it was pointed out that one of the conditions is that the court should be satisfied with the readiness and willingness of the ..... be noted that the plea was not raised in the lower court, not argued at the stage of arguments. one of the condition under section 34 of the act for granting stay is that the authority before whom the application is filed should be satisfied that the applicant was, at the time when ..... not been disclosed and hence the provisions is opposed to principles of natural justice . it was , therefore, submitted that as the relief under section 34 of the arbitration act is discretionary the application for stay should be rejected. during the course of arguments another contention was raised, viz., that the railway officials ..... the suit claim against the 1st defendant. as soon as the suit notice was received by the railways , they filed an application under section 34 of the arbitration act stating that the dispute and the claim raised in the plaint have to be decided by an arbitrator as per the arbitration clause by .....

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Mar 07 1973 (HC)

Central Ware - Housing Corporation, New Delhi Vs. Central Bank of Indi ...

Court : Andhra Pradesh

Decided on : Mar-07-1973

Reported in : AIR1973AP387

..... the corporation on merits, we may usefully refer to some of the provisions in the hyderabad warehouses regulation 1358 fasli. the regulation extends to the whole of the hyderabad state. section 2(b) defines ' depositor ' as meaning a person or firm which tenders goods to the warehouseman for storing in his warehouse and includes any person who lawfully holds the receipt ..... and it cannot be said that any cause of action can be said to have arisen at hyderabad within the meaning of second part of explanation ii to section 20.18. section 3(2) of the warehousing corporation act, 1962 states that the head office of the central warehousing corporation shall be at new delhi. the very words ' head office ' must mean that there ..... shall without a licence carry on the business of a warehouseman or represent or hold himself out as a warehouseman. warehouseman is defined in section 2(i) as a person or firm holding a licence for issuing under section 27 receipts for goods stored in his warehouse. chapter iii of the regulation provides for the duties of the warehouseman. chapter iv provides for ..... receipts were not issued subject to confirmation by the head office at delhi. the warehouseman of the defendant corporation functions without any reference to the head office at delhi and definitely transacts business. in the conduct of this business the 2nd defendant corporation having located its warehouse in hyderabad is governed by the hyderabad warehouses regulation and the rules made thereunder .....

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