Court : Andhra Pradesh
Reported in : 2009ACJ938; 2008(1)ALD723
..... seven persons were travelling in the tractor-trailer. the limitation regarding number of persons, which was fixed earlier at '6' under section 147, was subsequently removed, when the act was amended in 1994. the policy ex. b.1 was issued subsequently in 1997. the said clause (3) contained in ex. b.1 restricting the liability to '6' employees ..... is invalid and inoperative being contra to the provisions of the motor vehicles act as amended in 1994.14. the evidence on record clearly establishes that the deceased along with others was engaged as a coolie for the purpose of loading and unloading of bricks ..... purpose of loading and unloading. the risk in respect of such employee engaged on the tractor is duly covered by policy ex. b.1, which is an 'act policy'. the tribunal did not record any finding to the effect that the deceased was unauthorized passenger on goods vehicle as alleged by the insurer. the only ground .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALD317; 2008(1)ALT733
..... delinquent employee that if he continues to be absent from duty he would be liable to action under regulation 113 and to afford him an opportunity to make amends by joining his duty. if even thereafter he fails to join duty, his services are liable to be terminated by an order of discharge. a warning need ..... , the appellate authority has coextensive power to re-appreciate the evidence or the nature of punishment. the court/tribunal in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its own independent findings on the evidence. the court/tribunal may interfere where the authority held ..... jurisdiction, power and authority to reach a finding of fact or conclusion. but that finding must be based on some evidence. neither the technical rules of evidence act nor of proof of fact or evidence as defined therein, apply to disciplinary proceeding. adequacy of evidence or reliability of evidence cannot be permitted to be canvassed before .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(2)ALT217
..... though the period for which the surcharge proceedings related and the initiation of the proceedings were anterior in time to the relevant amendments effected in the act, still the new appellate forum under the amended act assumes jurisdiction. then what is relevant is, as to whether the matter relating to appeals is substantive or procedural. while it ..... appeal before the district munsiff, which was constituted as a tribunal and which was the forum under the principal act of 1964 before the amendment act 15 of 1991 came into force. it is not in dispute that the said amended provision came into force with effect from 6-8-1991.6. in h.k. dada (india) ltd ..... so or it is so manifest by necessary implication. having scanned through the provisions of the amended act contained under a.p. act no. 15/91, touching upon section 75 of the principal act of a.p. co-operative societies, 1964, amending the appellate forum, taking away two different forums such as district munsiff and subordinate court basing .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(1999)ACC648; 1998(2)ALD534; 1998(2)ALT285
..... their lordships have held that the question of limitation is a procedural mailer and that in view of the amendment effected by section 53 of the motor vehicles (amendment) act, 1994 by which section 166(3) was omitted in the m.v. act, 1988, the question of limitation does not arise when the matter is pending before the tribunal or before ..... the high court. it is clear from such view expressed by their lordships that the amendment effected in 1994 will have retrospective ..... filed by the claimants was pending before thetribunal, and when it was dismissed on the ground of limitation on 26-7-1996 by which date the above said amendment had already came into force, the present appeal is filed before this court and the matter is pending till now. under these circumstances, the claim of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1995(1)ALT90
..... trust ltd. (4 supra), it was held that where the plea of absence of valid notice terminating contractual tenancy was not taken in the original written statement an amendment to include the plea after eight years should not be allowed on account of gross delay and laches.29. the counsel for the respondent relied on a judgment in metal ..... learned judge. admittedly in the present case the proceedings were initiated in the civil court in respect of the suit mulgies when section 32(b) of the rent control act was in force, which was subsequently declared as unconstitutional and violative of article 14 of the constitution of india, in view of which the civil court has no ..... day of the month and ended on the 9th day of the following month. therefore, the judgment is not an authority for the proposition that section 110 of the act is applicable to tenancy holding over.21. in benoy krishna das v. salsiccioni (11 supra) the respondents became tenants of the appellants under a lease of certain premises .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD559; 2005(5)ALT20; I(2007)BC384
..... say that these matters may have to be considered by the concerned insolvency court. the provincial insolvency act, 1920, in short referred to as 'act' for the purpose of convenience is an act to consolidate and amend the law relating to insolvency as administered by courts having jurisdiction outside the presidency towns. section 3 ..... of the act dealing with insolvency jurisdiction reads as hereunder :(1) the district courts shall be the courts having jurisdiction under the act: provided ..... the provisions of the code of civil procedure are applicable to insolvency proceedings if such provisions are not in conflict with the specific provisions under the act. when that being so, the petitioner is having an effective alternative remedy and on the ground that some question of jurisdiction is involved, the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(2)ALT193
..... commission appointed by the government of india in 1890, the factories act xi of 1891 was passed. the factories act was amended in the year 1911, 1923, 1926 and 1931. the indian factories act was amended by the factories amendment acts 1935, 1937, 1940, 1941,1944, 1945, 1946 and 1947. thereafter act lxiii of 1948 was enacted, which is in force even ..... after commencement of the constitution of india and is valid by virtue of article 372 of the constitution of india.5. the objects of the act and the reasons ..... as negligent and to secure for them employment in conditions conducive to their health and safety. to achieve these objects more effectively, the factories act was amended and the present act has come into force.6. the a.p. factories rules, 1950 (the rules) were framed for the purpose of implementation of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD772; 2005(4)ALT654
..... mentioned in section 23(1-a), in effect it amounts to giving retrospective effect to sub-section (1-a) to section 23 under the amendment act 68 of 1984, even though the amendment act was prospective and the transitory provision had only retro- limited activity.'20. following the said decision, a division bench of this court in land ..... court below has committed an error of law apparent on the face of the record in , applying the law for the purpose of calculating interest under the amendment act 68 of 1984 apart from calculating interest on interest.22. for all the above reasons, the civil revision petitions are allowed and the matters are remanded to the ..... retrospective operation except for the limited retro of transitional period between 30-4-1982 to 24-9-1984. in these cases, the interest as contemplated under the amended act was calculated right from the date of taking possession i.e., 15-6-1975 till the date of payment and without giving deductions to the amounts paid intermittently .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2006]133CompCas34(AP); [2007]78SCL145(AP)
..... before a reference is made to the judgments referred to above, it would be necessary to reproduce section 483 of the act:appeals from any order made, or decision given before the commencement of the companies (second amendment) act, 2002 in the matter of the winding up of a company by the court shall lie to the same court ..... philip v. official liquidator [2004] 120 comp cas 444 : [2004] 4 comp lj 193. in this judgment also, the court analysed the provisions of the companies act and also of the criminal procedure code and came to the conclusion that (page 449):the ambit of section 483 does not admit any such restricted construction. the expression in the matter ..... which section 454 appears, is whether the proceedings under section 454(5a) culminating in a decision can be subjected to an appeal under section 483 of the companies act. there are various matters concerning winding up dealt with in chapter ii. some of them are part of the winding up process, others are incidental to winding up .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(5)ALD147; 2006(5)ALT318; [2006(111)FLR523]; (2007)ILLJ189AP
..... the tribunal could direct reinstatement, payment of back wages cannot be awarded as a matter of course.18. under section 11-a of the industrial disputes act, as amended in 1971, the industrial tribunal is statutorily mandated, while setting aside the order of discharge or dismissal and directing reinstatement of the workman, to consider ..... misconduct, were continued in service he was imposed the punishment of dismissal from service. the appellant herein contended that the provisions of the industrial disputes act was inapplicable, that they had lost confidence in the respondent-workman on account of his continuous misconduct and dereliction of duty and that his negligence had ..... cotton purchase officer and posted as center incharge at gudhihattanur center during the cotton season 1983-84 did not work with full devotion to duty and acted in a manner prejudicial to the interests of the corporation by not conducting/ taking experimental outturns as per the guidelines issued, and he has based .....
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