Skip to content


Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Sorted by: old Court: andhra pradesh Year: 1973 Page 1 of about 39 results (0.078 seconds)

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. .....

Tag this Judgment!

Feb 20 1973 (HC)

Rachapudi Subramanyam and ors. Vs. the District Collector and ors.

Court : Andhra Pradesh

Decided on : Feb-20-1973

Reported in : AIR1974AP55

..... resolution can be read as meaning that the grant was of rent-free land, the case would come strictly within the doctrine of estoppel enunciated in section 115, evidence act. but even otherwise i.e., if there was merely the holding out of a promise that no rent will be charged in the future the ..... been accepted as attributable to military service. on the faith of that assurance he did not take the steps he otherwise would have taken to get independent medical opinion. the matter should have been in fact dealt with by the minister of pensions, and the question was whether that minister was estopped, i.e., ..... :(1) when the effect of its application is to override the clear words of a statute; in their words equity shoulnot be allowed to override law. (2) nor would it apply to criminal proceedings. (3) it would also not apply if the result of it is to obtain powers in excess of those ..... , like to refer to two recent english decision, which, in our judgment, are relevant.28. in wells v. ministry of housing and local government, (1967) 2 all er 1041, a local authority's engineer informed the applicant, wells, that planning permission was not necessary for proposed development. the authority later argued that the engineer ..... is a private citizen.18. lord denning l. j. reiterated the same view in the celebrated case of falmouth boat construction co. v. howell, (1950) 2 kb 16. in that case, a license was required to do ship repair work. the work was started on the basis of an oral license given by .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

Apr 10 1973 (HC)

Shaik Basha and anr. Vs. Station House Officer

Court : Andhra Pradesh

Decided on : Apr-10-1973

Reported in : AIR1974AP72

..... that the amount was kept there by the petitioners intending to use it for side betting. the police raided and arrested the petitioners and others.2. section 12 of the act reads thus :'whoever is found gaming with cards, dice, counters, money or other instruments of gaming in any public street , place or ..... darts' can be said to be gaming or not . i do not think there can be any difficulty. as per the definition given for the term 'gaming' in the act, any play which includes wagering or betting comes under gaming. therefore according to the allegation what the petitioners were found playing is ..... house in which the accused were found playing cards for money is not a public place within the meaning of section 12 of the act.8. in the decision emperor v. govindarajulu, air 1916 mad 474 the accused was procuted for disorderly behavior in a place of public resort (to wit, the grounds ..... of the madras harbour) an offence under section 75 of the madras city police act. the presidency magistrate acquitted the accused on the ground that ..... the decision khudi sheikh v. king emperor , (1901-02) 6 cal wn 33 the calcutta high court was considering a case under section 11 of the bengal gambling act, ii of 1867, whereunder it was provided that a police officer may apprehend without warrant any person found playing for money etc., in any public .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //