Court : Andhra Pradesh
Reported in : 2005(1)ALD181; 2005(1)ALT426
..... rights.15. the submission of the learned counsel for third respondent cannot be accepted for yet another reason. after coming into force of the constitution (seventy-third amendment) act, 1992, the local bodies like panchayats and municipalities have been made subject-matter of the supreme law of the country. as per article 243n of the constitution of ..... disqualification when he is informed about the complaint given by a voter regarding such disqualification for being member or a sarpanch.7. section 22 of 1994 act was amended by a.p. act section 22 of 2002 with effect from 20.6.2002 conferring power on the district court (earlier it was court of junior civil judge) to ..... allegation in writing has to be made to the executive authority, which according to section 2(12) means the panchayat secretary appointed to each gram panchayat; [as amended by ap act no. 22 of 2002 with effect from 20.6.2002]. (iii) on receipt of such complaint in writing, the executive authority has to inform the district .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD785
..... courts below. the learned counsel also had taken this court through paras 5 to 9 of the eviction petition, which were introduced by way of amendment during the pendency of the appeal, wherein the other ground of the tenant securing alternative accommodation was specifically pleaded. the learned counsel pointed out that ..... not appreciated the evidence in proper perspective and in view of the wider powers conferred on this court as revisional court under section 22 of the act, the said findings can definitely be disturbed. the learned counsel also pointed out that the findings recorded in relation to securing alternative accommodation also cannot ..... ultimately dismissed the appeal confirming the order of eviction. aggrieved by the same, the present civil revision petition is preferred under section 22 of the act.submissions of sri t. sreenivasa murthy:sri t. sreenivasa murthy, learned counsel representing the revision petitioner-tenant made the following submissions:the learned counsel would .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2006)ACC476; 2006(2)ALD409
..... of the deceased at rs. 1,2007- per month, is grossly on the lower side and cannot be sustained.12. coming to the fixation of multiplier, it is to be seen that the accident occurred on 13-7-1998 i.e., after the amendment act 54 of 1994 by which section ..... 163-a with second schedule was inserted to the motor vehicles act, 1988. though the present award is passed under section 166 of the act, as per the judgment of the apex court in supe ..... a hotel and by doing other labour works and, therefore, the court below erred in fixing the income of the deceased at rs. 1,2007- and that the court below ought to have fixed the income of the deceased at least rs.2,000/- per month.7. on the ..... that as the deceased was aged 50 years, she may earn rs.40/- per day by doing some work and can earn rs. 1,2007-per month and after reducing 1/3rd towards personal expenses, arrived the income of the deceased at rs.800/- and taking the age of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(1)ALD418; 2007(3)ALT408
..... of the suit. the location of the lands of the respondent, appellants and the neighbouring owners, were shown in the plaint plan. at a subsequent stage, the respondent amended his plaint, to include the plea of declaration to the effect that he is entitled to drain off the water from his land, through the channel, marked in the ..... revenue/ survey and settlement authorities. in all these documents, which are in the form of maps, the suit channel is clearly shown. under section 82 of the evidence act, the documents of this nature carry with them strong presumption, which can be displaced by the party opposing them, through cogent and reliable evidence. till the other party ..... statutory period, i hold that he acquired prescriptive rights to it and the defendants have no right to close it.reference was made to the provisions of the easement act also. therefore, it cannot be said that the lower appellate court did not take note of the plea of the appellants that the suit was barred by limitation .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(3)ALT533; 1999(1)ALT(Cri)688
..... in the affirmative and the contention that cognizance can only be taken on the police report was negatived. as already observed, special provisions contained in criminal law amendment act, especially section 8, made all the difference and it is in the light of these provisions, the supreme court described the special court as a court ..... . public prosecutor, those observations were made in view of the specific provisions of that act. there was a specific provision under section 8(1) in the criminal law amendment act of 1952, which enabled the special judge appointed under the said act not only to deal with cases of corruption but also take cognizance of offence without ..... , dated 14-11-1991, which reads as under:notificationin exercise of the powers conferred under section 14 of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (act no. 33 of 1989), and in partial modification of the notification issued in g.o.ms. no. 12, social welfare (h-1) dated 25th january, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008ACJ1427; 2007(1)ALD798; 2007(6)ALT466
..... pillion rider also is covered by ex.a.4 and contended that since there is a difference in the language in the motor vehicles act, 1939 (1939 act), and the act, both subsequent and prior to act 54 of 1994 amendment which came into force with effect from 14.11.1994, and since the apex court in tilak singh's case (supra), did not ..... 1 and 2 does not arise.17. in tilak singh's case (supra), the apex court, after considering the provisions of both 1939 act and the act before and after the 1994 amendment, held that in respect of an act policy the insurer is not liable to pay compensation for the death of a pillion rider. in paragraph-2 of the said judgment it ..... driving of a bullock-cart by the 4th respondent. since 'bullock-cart' is not a 'motor vehicle' it is not governed by the provisions of the motor vehicles act, 1988 (the act). so, even if the accident occurred due to the negligence of the 4th respondent while driving the bullock cart of the 5th respondent, claim against respondents 4 and 5 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD764; 2002(6)ALT353
..... in the present case.13. it is necessary to refer to section 21 of the general clauses act, 1897, which reads thus:'power to issue, to include power to add to, amend, vary or rescind, notifications, orders, rules or bye-laws:--where, by any (central act) or regulation, a power to (issue notifications) orders, rules or bye-laws is conferred, ..... then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any) to add to, amend, vary or rescind any (notifications) orders, rule or bye- ..... g.o., while extending the benefits to the employed widows of the teachers. however, the only objection is that the said clarification, which is in the nature of amendment or modification to the said g.o., should have been issued/made in the same manner as the original g.o., was brought into existence under the name .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : IV(2007)BC454; 2007CriLJ892
..... anr. iii (2005) bc 500 (db) : 2005 cri lj 1201 after considering the statement of objects and reasons in inserting section 145(1) through the amending act, 2002 held as under:sub-section (1) of section 145 gives complete freedom to the complainant either to give his evidence by way of affidavit or by way ..... the above provisions to dispose of the cases expeditiously in a time bound manner in view of the procedure contained in the act. further it is clearly stated that the parliament enacted the amending act, which is intended among other things, to prescribe procedure for dispensing with preliminary evidence of the complainant.5. to resolve ..... of the matters which have been stated in the affidavit. he would further contend that the main object while carrying out amendment to the act through the negotiable instruments (amendment and miscellaneous provisions) act, 2002 (act no. 55 of 2002) is only to prescribe the procedure dispensing with the preliminary evidence of the complainant but not with .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD131
..... schedule provides for a different percentage for such injuries. that, however, was a case decided before the act came to be amended. section 4 of the act was amended in the year 1984. explanation ii to section 4(1)(c) of the act mandates that whenever an employee had received an injury, which does not find place in the schedule, ..... .10. in the instant case, the commissioner took the loss of earning capacity of the appellant at 50%. incidentally, under part-ii of schedule-i of the act, the loss of earning capacity at 50% is mentioned against the injuries leading to amputation. though the injuries sustained by the appellant are serious in nature, they ..... in the nature of fractures. learned counsel further submits that the wages of the appellant were taken on the basis of the notification issued under the minimum wages act and that the order under appeal does not warrant any interference.6. both the learned counsel have relied upon decided cases in support of their respective contentions.7 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALT536
..... it is further stated that the terms and conditions mentioned are more of guidelines in nature and under condition no. 40 the commissioner reserved the right to review, amend, revise and modify any of the conditions during the contingence of the permission. in fact the petitioner himself had got permissions in places of worship, grave yards etc ..... to erection of (2) uni-poles with (4) hoardings of size 60' x 50' each at dargah takya amanullah shah (rh), tankbund, mg road for the, year 2006-2007 - orders - issued - reg.ref:-1) resolution no. 67, dt. 28-12-2004 of the standing committee, mch.2) no objection certificate vide f.no. 80/n1/sec ..... several instances in which the petitioner sought and got permissions for the restricted areas including religious places and grave yards and it is not an ethical and responsible act on the part of the petitioner to raise frivolous objections and block a fair business opportunity for another competing company and additional revenue to the corporation. further .....
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