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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: andhra pradesh Year: 1973 Page 3 of about 39 results (0.080 seconds)

Mar 29 1973 (HC)

Tanigondala Rosi Reddy Vs. Syamala Laxmaiah and ors.

Court : Andhra Pradesh

Decided on : Mar-29-1973

Reported in : AIR1974AP171

..... d-1) of rule 5 of order 43.order 43, rule 1 (nn) reads :'43 (1) an appeal shall lie from the following orders under the provisions of section 104, viz., (nn) an order under rule 5 or rule 7 of order 33 rejecting an application for permission to sue as a pauper on the ground specified in cl ..... has filed a suit for possession of the entire property. he would never have filed the suit for possession of the entire property when he was in possession of 2/3 rd portion of the property.4. i am , therefore, of the opinion that the plaintiff is not in possession of the entire house. the lower court ..... 3. the lower court has dismissed the petition of the petitioner herein to declare him as pauper on the ground that the petitioner has not established dispossession from the 2/3 rd portion of the suit property. the lower court came to this conclusion on the basis that the petitioner has used the words 'driven out of the ..... in rule 7, an appeal shall lie and that the right of appeal is not restricted to rejection of an application without notice to the respondents and hearing them. 2. in the view taken by us we are supported by what vaidialingam, j., (as he then was of the kerala high court) said in avirah ouseph v. ammukutty ..... 1 of the c.p.c. the learned judge doubted whether an appeal will lie to this court when an application filed under order 33, rules 1 and 2 is rejected under cl. (b) of rule 5 of order 33 holding that the applicant is not a pauper. we are not here concerned with the correctness or .....

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Oct 15 1973 (HC)

Rashid Shapurji Chenai and ors. Vs. the Collector Land Acquisition

Court : Andhra Pradesh

Decided on : Oct-15-1973

Reported in : AIR1974AP273

..... the conclusion that the collector was justified in paying at the rate of one rupee per square yard and dismissed the petition for enhancement of compensation.2. under order 17, rule 2 of the code of civil procedure, where the parties or any of them fail to appear, the court may proceed to dispose of the suit ..... agaiah v. mohd. abdul kareem, : air1961ap201 that where there was a default under order 17, rule 3 as well as a default under rule 2 the court should proceed only under rule 2. the madras high court had also taken the same view , though some other high courts took a different view and held that the court can ..... there is material on record to enable the court to come to a decision on the merits and that otherwise the court should proceed under rule 2. but whatever might have been the position before the amendment, it is clear that after the amendment , the court can only proceed under order 17, rule ..... 2 . it cannot proceed to decided the suit under order 17, rule 3 as has been done in this case by the court below. having regard to ..... where there is a default under rule 3 as well as default of appearance under rule 2, the court will proceed under rule 2. inasmuch as there was a default of appearance under rule 2, the court had to proceed under rule 2 only. under that provision it could dismiss the suit for default under order 9 or make .....

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Sep 07 1973 (HC)

Saripalli Nookanna and anr. Vs. Ramisetty Venkata Rao and anr.

Court : Andhra Pradesh

Decided on : Sep-07-1973

Reported in : AIR1974AP284

..... the decree of the original court to seek to resort to third-party procedure, whatever the result of the suit be.8. it was argued that under sec. 107(2) of the code of civil procedure , an appellate court enjoys the same powers and shall perform as nearly as may be the same duties as are ..... in air 1928 mad 43 (supra) to which i have referred. the english rules require that after the defendant entered his appearance in the action, he should act promptly and as a rule before the delivers his defence. no doubt, order 8-a does not require that the defendant should invoke it before he files issuing notice ..... also where the appeal is disposed of , on a decision of ramaprasad rao , j. in concord of india insurance co. ltd. v. kaveri ammal , (1967-2 mad lj 446). in that case, the plaintiff's husband was killed in a motor accident. a suit was filed against the 1st defendant, the driver and the 2nd ..... vol. 1 , p. 236 , rule 1, order 5-a , original side rules in effect reproduces this provision in regard to the service of the notices. defendant 2 contends that this provision has been infringed. for dealing with this point , it may be useful to glance at the rules. they provide that where a defendant claims to ..... order 8-a, civil p. c., which provides for third-party procedure for the first time in appeal without any such application being made in the trial court.2. the necessary facts may be stated. o. s. no. 163 of 1960 on the file of the court of the district munsif, peddapuram , was filed against .....

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Sep 20 1973 (HC)

Andhra Pradesh Wakf Board, Hyderabad Vs. Alapati Mangamma and ors.

Court : Andhra Pradesh

Decided on : Sep-20-1973

Reported in : AIR1975AP8

..... alienated the said lands, and therefore the plaintiff should be called upon to furnish full particulars. that application was filed under order vi, rule 5 read with section 151, c. p. c. the application was heard on 11-12-1968 and the learned subordinate judge passed an order directing the plaintiff to furnish full ..... lower court and the b. diary we do not find that any such petition or statement was filed by the plaintiff on 1-1-1969 or on 2-1-1969 respectively as contended for by the learned counsel. the learned counsel also, could not substantiate with reference to any record, that any such application ..... been filed. 3. sri munwar ali baig contended that on 1-1-1969 the plaintiff filed an application for extension of time and also a statement on 2-1-1969 furnishing the particulars with regard to some of the lands mentioned in the plaint schedule, and the lower court should have therefore extended the time ..... be pleased to pass judgment and decree in favour of the plaintiff. 1. for the recovery of possession of the suit schedule properties after ejecting the defendants therefrom. 2. for costs of the suit. 3. for such other and further reliefs as are necessary in the circumstances of the case. 'plaint schedules. no.t.d. ..... (act 20 of 1954 central) the waqf board notified the said lands to be want properties by a notification published in the andhra pradesh gazette part ii dated 19-4-1962 (pp 440 and 441;. 5. sri mohammed abdul rahaman and his heirs alienated ac. 13-11 cents in the above .....

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Apr 23 1973 (HC)

Y. Eswariah Choudry Vs. the Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Apr-23-1973

Reported in : AIR1974AP96

..... void because the central government failed to form an opinion about the necessity for the order.6. the next submission of sri krishna reddy was based on section 3(2)(f) of the essential commodities act. section 3(2)(f) enables the making of an order providing for requiring any person holding in stock any essential commodity to sell the whole or a specified part ..... a notice to give an opportunity to the stock-holder to make hid representation. these certainly are circumstances within the meaning of section 3(2)(f) of the essential commodities act. there is, therefore, a compliance with the provisions of section 3(2)(f). if it is considered necessary that any circumstances should be specified in the order. i am, however, of the view that ..... rs. 117/- per quintal respectively in kurnool district. similarly on 11-1-1973 the government of andhra pradesh in exercise of the power conferred by section 3(2)(f) read with section 3(3-b) of the essential commodities act notified the prices of paddy and rice for the purpose for the andhra pradesh paddy and rice (requisitioning of stocks) order as rs. 62 ..... ) order, 1972 and the andhra pradesh rice (procurement ex-mill prices) order, 1972 made on 28-10-1972. these two orders are made in exercise of the powers conferred by section 3(2) of the essential commodities act. there is nothing to indicate that the prices notified by the government have not been arrived at by following the principles laid down in .....

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Sep 03 1973 (HC)

Y.V. Hanumantha Rao Vs. K.R. Pattabhiram and anr.

Court : Andhra Pradesh

Decided on : Sep-03-1973

Reported in : AIR1975AP30

..... refers to the origin of the word 'curfew' and makes references to its historical background. considering section 144 of the code of criminal procedure, the author then makes reference to various provisions of law.5. in this petition, it is alleged that the said ..... put the law. he observed:'the law relating to contempt of the court is well settled. any act done or writing published which is calculated to bring a court or a judge into contempt, or to lower his authority, or to interfere with the due course ..... the private interest of the parties. in such cases, the public interest prevails. fair comment is to be allowed. it has been so stated in (1973)2 wlr 452 at p. 460.11. the courts while they would try to preserve the rights of the parties or the witnesses appearing therein from being attacked ..... a pending litigation but are of a general educative character, no person can stop such comment by serving a writ see attorney-general v. times newspapers ltd., (1973) 2 wlr 452 at p. 460.8. in re p. c. sen, : 1970crilj1525 , shah, j., who spoke for the court, if we may say so, succinctly ..... deccan chronicle', the 1st respondent being its editor. this article was entitled 'the law of curfew'. it was published in the dec-can chronicle of 28-2-1973. in that article the 2nd respondent discussed what is meant by curfew and what is the legal authority behind imposing an order of curfew. he then .....

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Apr 13 1973 (HC)

Gaddam China Kondaiah Vs. Gaddam Pedda Kondaiah

Court : Andhra Pradesh

Decided on : Apr-13-1973

Reported in : AIR1974AP238

..... for the settlement of the dispute, cannot be given effect to. the stamp act being a special act, the definition of the word 'award' used in section 2(b) apply according to the respondent's counsel. as pointed out earlier, there is no definition of the word 'award' as given in the arbitration act .7. in the light of the foregoing discussion, i shall examine the ..... otherwise than by an order of the court in this course of a suit.'the expression 'award' is not defined under the indian stamp act, we have, therefore , to look to the arbitration act , 1940. section 2(a) of the arbitration act defines 'arbitration agreement' as 'a written agreement to submit present or future differences to arbitration. whether an arbitrator is named therein or ..... contents of the documents , in order to find out whether it is an award within the meaning of article 12 of the stamp act ..... other an arbitrator is named therein or not.' under section 2(b) , 'award' means 'an arbitration award'. section 47 read with sections 2(a) and 2(b) defining 'arbitration agreement' and 'award' respectively, makes it abundantly clear that any arbitration proceeding is governed by the provisions of the act. there can be no award within the meaning of section 2(b) without an agreement in writing, any decision .....

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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 16 1973 (HC)

Chinna Jeeyangar Mutt, Thirupathi Vs. C.V. Purushotham and ors.

Court : Andhra Pradesh

Decided on : Mar-16-1973

Reported in : AIR1974AP175

..... trustee' under the english law. in the case of a hindu or muhammadan endowment, the property may be conveyed in trust for a specific and definite purpose, in which event the person would be placing himself expressly under the english law. in such a case the legal ownership is transferred to ..... learned counsel appearing for the respondents contended that article 96 cannot be applied to this case on account of the prohibition contained in section 31 of the limitation act. according to his contention, it is only those suits wherein the previous mahant died on or after 1-1-1952 and before 1 ..... circumstances of the case assumes greater importance and cannot be lightly set aside. see bangachandra v. jagat kishore, 43 ind app 249 = (air 1916 pc 110).'but is may be noted that in the said case their lordships have relied upon the recitals in the document as affording valuable evidence. ..... and not the date of the election of his successor. these principles were applied to hindu religious endowments in sri lakshminarayana perumalswami v. kasthuri naicker, (1946) 2 mad lj 123 = (air 1947 mad 3), and in regard to mohammadan endowments as well, (vide masjid, shahid ganj v. s. g. p. committee ..... 1966]3scr120 that the said article would apply where the three requirements are proved, i.e. (1) that the property belongs to the religious endowment (2) that it was transferred by previous manager (3) and that the transfer was for valuable consideration. it did not matter whether the property was transferred .....

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