AI Overview...
- Liability Set Aside & Security - The question pertains to whether a party is entitled to take back security under the APCS Act, 1964. The provided sources do not explicitly address this specific issue; however, general principles from related legal provisions can be inferred.
- Jurisdiction & Procedural Aspects - Under Rule 33 of the AP Civil Services (CCA) Rules and Section 20 of the Administrative Tribunals Act, 1985, tribunals have jurisdiction to review certain administrative decisions, but their authority is limited and procedural compliance is essential. For example, the tribunal's jurisdiction is not barred but is subject to procedural correctness P. CHANDRA MOULI VS Government Of A. P. , DEPT. OF HOME - Andhra Pradesh.
- Security & Set Aside Proceedings - In cases involving orders under Section 73 of the Act, if procedural violations occur, such orders can be set aside, especially if the authority failed to follow proper procedures or furnish adequate security, and the proceedings are found to be defective or unlawful MUTHYALA VENKATESWARA RAO vs The State of Andhra Pradesh - Andhra Pradesh.
- Financial & Revival Claims - Certain entities like sick sugar factories are not entitled to financial aid unless they meet specific criteria, such as starting production; otherwise, existing crops may become liabilities, impacting financial claims Maharashtra State Co-operative Bank Ltd. VS State of Maharashtra - Bombay.
Analysis and Conclusion:
The sources suggest that parties may be entitled to take back security only if procedural and legal requirements are met. Orders or decisions made without proper adherence to statutory procedures, including furnishing adequate security, can be challenged and set aside. Therefore, unless the party has fulfilled the conditions stipulated under the APCS Act, 1964, particularly regarding security, they are not entitled to recover or take back security. This aligns with the general principle that recovery of security is conditional upon compliance with statutory provisions and procedural fairness.
Search Results for "Unless until Liability Set Aside Party is Not Entitled to Take Back his Security under Apcs Act 1964"
2005 0 Supreme(AP) 281 • India - Andhra Pradesh
G.BIKSHAPATHY, P.S.NARAYANA, GOPALA KRISHNAN NAIR
Rule Hence, the bald proposition that under no circumstances whatever may be the reason explained, the o A cannot be entertained unless ... ;Held : The provision does not bar the ultimate jurisdiction of the Administrative Tribunal but it only requires the party ... AP Civil services (CCA) Rules - Rule 33 ; Administrative Tribunals Act, 1985 - Section 20 - Jurisdiction of Tribunal - Availability ... A. be sustained or be set aside the power of judicial review of constitutional Courts c....
2008 0 Supreme(Bom) 700 • India - Bombay
N.V.DABHOLKAR, S.B.DESHMUKH
itself-Sick sugar factory not entitled to get financial package for revival either from NABARD or State/Union. ... Eventually, language of prayer clause (A) sought to be amended, is quite elaborate and it is evident, when we take into consideration ... In this context it must be taken into account that even the committee appointed by the Government to take a decision on the future ... Unless the sugar factory starts sugar production, the standing sugar-cane crop becomes a liability for....
2024 Supreme(Online)(AP) 5366 • India - High Court of Andhra Pradesh
V.SUJATHA, J
adequate security is furnished. ... Moreover, in the case on hand, the petitioner sought to set aside the proceedings issued under Section 73 of the Act as a consequential relief. ... As respondent No.2 has failed to follow the procedure contemplated in the Act, the impugned order passed by respondent No.2 is liable to be set aside. ... The surcharging authority while independent trial can take omissions and commissions wherever necessary to decide t....
