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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: andhra pradesh Year: 2007 Page 1 of about 23 results (0.065 seconds)

Jan 05 2007 (HC)

Farhad Gew Irani and ors. Vs. Government of Andhra Pradesh, Rep. by It ...

Court : Andhra Pradesh

Decided on : Jan-05-2007

Reported in : 2007(2)ALD375; 2007(2)ALT303

..... obligation under the statute to see that the residential area is not spoilt by unauthorised construction. the scheme is for the benefit of the residents of the locality. the municipality acts in aid of the scheme. the rights of the residents in the area are invaded by an illegal construction of a cinema building. it has to be remembered ..... when the scheme which is framed for the benefit of the residents in that area is violated by the municipality. the municipality acts for the public benefit in enforcing the scheme. where the municipality acts in excess of the powers conferred by the act or abuses those powers then in those cases it is not exercising its jurisdiction irregularly or wrongly but it ..... may restrain the government from regularising such construction. learned counsel lamented that by abusing and misusing the power vested in him under the andhra pradesh municipal corporations act, 1994 read with the hyderabad municipal corporation act, 1955, the then commissioner of the corporation has totally destroyed the concept of planned development and argued that the court should redeem the situation by ..... in rajender singh v. state of haryana 2005 (8) scj 630 : (2005) 9 scc 1, the supreme court interpreted the provisions of the punjab scheduled roads and controlled areas restriction of unregulated development act, 1963 and approved the action taken by the concerned authorities for demolition of illegal constructions. in the course of judgment, the supreme court observed as under .....

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Apr 30 2007 (HC)

Ramvilas Bajaj Vs. Ashok Kumar and anr.

Court : Andhra Pradesh

Decided on : Apr-30-2007

Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)

..... shiva rao's case (supra). with the inclusion of the village concerned within the limits of the cities under the karnataka municipal corporation act, the provisions of the rent control act were made applicable to property in question. by that time the landlord's suit for recovery of possession was decreed and ..... similar effect is the judgment of the constitution bench in shamsunder's case (supra), which also involved amendment of section 15 of the punjab pre-emption act 1913 by substitution. though the right of a co-sharer to enforce pre-emption was taken away during the pendency of the suit, ..... (supra), proceedings for eviction were instituted not before the civil court but before the rent controller, the designated authority under the east punjab urban rent restriction act, 1949. the question as to whether an amendment to the rent control legislation ousted the jurisdiction of the civil court, to execute a ..... supra), the landlord filed an application for ejectment before the rent controller on 28-8-1956 under section 13(1) of the east punjab urban rent restriction act 1949. a tenant in possession of a building shall not be evicted therefrom except in accordance with the said section or in pursuance ..... bench of the supreme court in shamsunder's case (supra), considered the effect of the amendment made to section 15 of the punjab pre-emption act 1913 by haryana act 10 of 1995 by substituting section 15 with a new provision. section 15 which originally stood gave right of pre-emption in .....

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Aug 14 2007 (HC)

C. Venkat Rami Reddy and ors. Vs. J.S. Ranjan and ors.

Court : Andhra Pradesh

Decided on : Aug-14-2007

Reported in : 2007(6)ALD1

..... the decree made in os no. 179 of 1994 as illegal, arbitrary and without any sanction of law and contrary to the provisions of a.p. municipalities act, 1965 and the rules made thereunder besides being in violation of principles of natural justice. it is stated that the petitioners inherited the property bearing plot ..... , ranga reddy district, and for perpetual injunction, which are pending. it is also stated that the first petitioner came to know that the 2nd respondent-municipality had granted permission to respondents 3 and 4 vide proceedings bearing permit no.d/ba/ 235/2005, dated 14.10.2005 granting them permission to construct ..... reliance also was placed on the decisions reported in m.y. shareef v. judges of nagpur high court : 1955crilj133 and k.r. shenoy v. udipi municipality : 1976crilj722 .16. it is no doubt true that this court extended time and despite the same, within the time extended the 1st respondent could not ..... be guilty of contempt of court in the facts and circumstances of the case.15. in mulk raj v. state of punjab : 1972crilj754 , it was held that apology is an act of contrition and unless apology is offered at the earliest opportunity and in good grace, apology is shorn of penitence and if ..... 2nd respondent as well, whether it is to be held that the respondents 1 and 2 arc liable to be punished under the provisions of the act.13. in the realm of public administration when the directions are issued by the court, the officers, who are made parties, are bound to comply .....

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May 01 2007 (HC)

Md. Abdul Gaffar Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : May-01-2007

Reported in : 2008(2)ALD165

..... there is no denial that md. ibrahim is grandfather of the petitioner. secondly, tahsildar (mro), khairatabad, addressed a letter to the deputy commissioner of municipal corporation of hyderabad (mch), circle-v, requesting to furnish the name of the owner in respect of premises no. 8-3-937 situated at yellareddyguda ..... p256 (1946). he also relied on dwarkadas shrinivas of bombay v. sholapur spinning and weaving co ltd. air 1954 scr 674, bishan das v. state of punjab : [1962]2scr69 , jilubhai nanbhai khachar v. state of gujarat 1995 supp (1) scc 596, general court martial v. aniltej singh dhaliwal : 1998crilj1402 and ..... the court martial that they had signed or prepared official record on the oral directions of the respondent without verifying the correctness thereof, which act of their was in dereliction of duties. these state of affairs is highly distressing. we record our displeasure.13. this court is aware ..... mala fide intention to knock away the same.8. taking this court through the earlier orders of various courts and the notifications under la act as well as tslr extract, learned senior counsel, sri challa seetharamaiah, submits that when there is clinching evidence to support the ownership and ..... possession to the petitioner, who is continuing in possession.3. in 1981, government issued notification under section 4(1) of the land acquisition act, 1894 (the la act, for brevity) proposing to acquire the premises. the petitioner challenged the same in w.p. no. 119 of 1982. the same was .....

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Jun 29 2007 (HC)

Superintending Engineer, Irrigation Circle Department and ors. Vs. B. ...

Court : Andhra Pradesh

Decided on : Jun-29-2007

Reported in : 2008(1)ALT53; (2008)IILLJ719AP

..... the history of legislation with respect to industrial disputes, referred to the judgments of the supreme court in bombay gas co. ltd. v. gopal bhiva : (1963)iillj608sc , town municipal council, athani v. presiding officer, labour court : (1969)iillj651sc , jai bhagwan v. ambala central co-op. bank ltd. : (1984)illj52sc , sakuru v. tanaji : ..... which would amount to legislation intentionally left over by the legislature. the judgment of the full bench of the punjab and haryana high court has completely ignored the object of the act and various pronouncements of this court as noted hereinabove and thus is not a good law on the point of ..... payment of part of the back wages instead of full back wages. reliance of the learned counsel for the respondent management on the full bench judgment of the punjab and haryana high court in ram chander mdrya v. state of haryana (1999) 1 sct 141 (p & h) : ilr (1999) 1 p & ..... no trade union or co-workman espouses such dispute.29. the legislature of the state of andhra pradesh went a step further. by andhra pradesh act no. 32 of 1987, sub-section (2) was inserted in section 2-a so as to facilitate raising of dispute by individual workman without ..... of his case. he was given favourable assurance, but nothing tangible happened. he then filed an application under section 2-a(2) of the act for his reinstatement as telephone operator by asserting that he was wrongfully denied from joining the place of posting and that despite assurance given for reconsideration .....

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Jun 07 2007 (HC)

G. Basava Reddy Vs. Smt. K. Parvathamma and ors.

Court : Andhra Pradesh

Decided on : Jun-07-2007

Reported in : 2007(5)ALD730

..... forward construction co. and ors. v. prabhat mandal (regd.), andheri and ors. : air1986sc391 , state of uttar pradesh v. nawab hussan : [1977]3scr428 , srikakulam municipality v. m.v. ranganadham air 1970 a.p. 375, he contended that the finding of the trial court that the suit is not barred by res judicata in view ..... and ors. v. state of u.p. and ors. : [1962]1scr574 , satyadhyan ghosal and ors. v. smt. deorajin debi and ors. : [1960]3scr590 , the state of punjab v. bua das kaushal : (1971)illj31sc , union of india v. nanak singh : (1970)illj10sc , u.p. state road transport corporation v. state of u.p. and anr. ..... in the writ petition and as the provisions of the andhra pradesh agricultural lands (prohibition of alienation) ordinance, 1972 (ordinance), which later became act (the act) prohibit sale of any land as mentioned therein, the sale held in favour of the third defendant in any event is null and void.4 ..... 1967 shows that the main contention raised relates to the sale being void for not observing the provisions in section 47 of the hyderabad tenancy act. in that order it is clearly mentionedthe learned counsel for the petitioner (plaintiff) has not urged before us any other ground as vitiating the ..... state of hyderabad, where the supply of gulmoha flower khandies was to be made by him, stood transferred to mysore state under the states reorganization act and so it is the government of mysore only, but not the first defendant (state of andhra pradesh), that can claim the amount from .....

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Aug 01 2007 (HC)

K. Venkateshwarlu Vs. State of A.P. and ors.

Court : Andhra Pradesh

Decided on : Aug-01-2007

Reported in : 2007(5)ALD728; [2007(115)FLR751]; (2008)ILLJ187AP

..... cannot be said that the services of the petitioner were not retrenched/terminated and as such, there is no violation of provisions of section 25f of the act by the management. the decision in punjab land development and reclamation corporation ltd. 's case (supra), is squarely applicable to the case on hand. the judgment relied upon by the respondent-management in himanshu ..... into consideration and applied by the labour court to the facts of this case. in the present case, there is no dispute that the municipality of paloncha, khammam district is an industry within the meaning of the act and the petitioner was not governed by any rules made under article 309 of the constitution. therefore, the said judgment has no relevance to ..... of his services amounted to retrenchment. this is not one such case. admittedly, petitioner herein was appointed as nmr daily wage employee and the municipality is an 'industry' within the meaning of section 2(j) of the act and the service condition of the petitioner were not governed by any statutory rules made under article 309 of the constitution of india. further ..... (for short 'the act') in i.d. no. 153 of 1995. it was the case of the petitioner that he was appointed as n.m.r. sweeper with effect from 20-1-1990 in the 3rd respondent-municipality and worked upto 25-12-1992 continuously without any break. however, suddenly and orally, his services were terminated with effect from 26-12-1992 .....

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Feb 23 2007 (HC)

Mehek Feed Industries, Rep. by JatIn Thakkar Vs. Amrutlal Kataria and ...

Court : Andhra Pradesh

Decided on : Feb-23-2007

Reported in : AIR2007AP230; 2007(6)ALD610

..... of injunction directing financial corporation to first proceed against company under section 29 may not be proper.20. in s.d. college society (lahore) new delhi v. municipal council, ambala cantt. 2002 (1) punjab law reporter 329 it was observed that no temporary injunction can be granted to restrain an officer from exercising jurisdiction vested in him under some ..... decision in uttar pradesh financial corporation v. garlon polyfeb industries : air2001all286 wherein the division bench of allahabad high court while dealing with section 29 of state financial corporations act in relation to recovery of loan amount, considering validity of the proceedings against guarantors of defaulting company observed that as the terms of guarantee stipulating that liability of ..... taken before confirmation of sale, the rights of the borrower to get the dispute adjudicated upon is defeated by the authorized officer taking possession. as stated above, the npa act provides for recovery of possession by non-adjudicatory process, therefore, to say that the rights of the borrower would be defeated without adjudication would be erroneous. rule 8, ..... observed as hereunder:the word possession is a relative concept. it is not an absolute concept. the dichotomy between symbolic and physical possession does not find place in the act. as stated above, there is a conceptual distinction between securities by which the creditor obtains ownership of or interest in the property concerned (mortgages) and securities where .....

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Jan 17 2007 (HC)

Municipal Corporation of Kurnool Rep. by Its Commissioner, Smt. K. Vij ...

Court : Andhra Pradesh

Decided on : Jan-17-2007

Reported in : 2007(3)ALD173; 2007(2)ALT386; [2007(114)FLR253]

..... by the respondent. w.w.1 and w.w.2 have deposed that the kallur gram panchayat used to supervise their work regularly and subsequently the kurnool municipal corporation authorities used to supervise their work. so, from the evidence it is clear that the petitioners worked for the respondent and they are paid by the ..... % over the earlier rate of contract. this continued till the merger of the gram panchayat with the petitioner corporation in terms of, municipal administration, dated 8-2-2002, pursuant to which, the services of the workmen were also taken over by the petitioner corporation. they worked in the corporation till ..... 1958.form-k-4(see sub-rule (6) of rule 11)application by a workman under sub-section (2) of section 2-a of the industrial disputes act, 1947 (central act no. 14 of 1947).before the labour court at..between:i....(applicant)and.(employer)the applicant... s/o...aged.... years was working as.... m/s. ... ..... of legal justice compels consideration of vesting a residuary power in judges to act ex debito justiciae where the tragic sequel otherwise would be wholly inequitable.37. in state of punjab v. shamlal murari : [1976]2scr82 , the supreme court interpreted rule 3 of the punjab and haryana high court rules and orders, volume 5, chapter i-a, ..... orderg.s. singhvi, c.j.1. these petitions filed by the municipal corporation of kurnool for quashing order dated 4-5-2005 passed by chairman-cum-presiding officer, industrial tridunal-cum-labour court, anantapur in i.a .....

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Nov 30 2007 (HC)

Sri. K. Srinivas S/O. Rama Swamy and ors. Etc. Etc. Vs. the Government ...

Court : Andhra Pradesh

Decided on : Nov-30-2007

Reported in : 2008(3)ALD241; 2008(4)ALT53

..... be strictly adhered to. where it is not so complied with, the liability to pay the tax cannot be said to be in accordance with law. municipal council, khurai v. kamal kumar : [1965]2scr653 .38. in the scheduled caste and weaker section welfare association : [1991]1scr974 , the supreme ..... . sundaram pillai : [1985]2scr643 , ishverlal thakorelal almaula v. motibhai nagjibhai : [1966]1scr367 madras and southern mahrata railway co. ltd. v. bezwada municipality . the proviso qualifies section 3-a(1) and limits the additional tax which can be levied therein to the difference between the tax already collected and the ..... pith and substance of the levy which has to be adjudged, with reference to the charge, viz., the taxable event and the incidence of the levy. municipal council, kota, rajasthan v. delhi cloth & general mills co. ltd. : [2001]249itr560(sc) . to ascertain the essential character of the tax, ..... 2004)1scc320 .13. in adjudging whether a tax is regulatory/compensatory or it is penal in nature, the true character of the tax has to be determined. municipal council, kota, rajasthan v. delhi cloth & general mills co. ltd. : [2001]249itr560(sc) . it is not the nomenclature used or chosen to ..... abraham v. income tax officer, kottayam : [1961]41itr425(sc) . in considering a taxing act, the court is not justified in straining the language in order to hold a subject liable to tax. the state of punjab v. jullundur vegetables syndicate : [1966]2scr457 . since the language of section 3-a is .....

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