Court : Andhra Pradesh
Reported in : 2008(1)ALD612; 2008(3)ALT370
..... further, specific stand had been taken that in case if the petitioner invokes section 11(6) of the act for appointment of an arbitrator with regard to the claims in question, the respondent-railways reserve their right, without prejudice to the contentions raised with regard to the issue of limitation that such claims made by the petitioner are time-barred and his request for appointment of ..... 16049 of 2006 dated 3.8.2006, wherein the learned judge granted leave and liberty to the petitioner to workout appropriate remedy available under law and dismissed the ..... made clear that the writ petitioner is at liberty to pursue the other legal remedies available to him either under section 11(6) of the act or any other appropriate remedy available to him in law. ..... claim of security deposit and not finalizing the bill were already asked by the petitioner in his letters dated 26.10.2006, in the legal notice dated 31.1.2007 and in his letter dated 5.5.2007 addressed to the general manager, secunderabad ..... gaur harisinghania 2006 (3) scj 511, wherein the apex court, while dealing with section 20 of the arbitration act, 1940 and article 137 of the limitation act, 1963 observed that it is now well settled that article 137 of the limitation act, 1963 applies to application under section 20 of the arbitration act, 1940 and accordingly, application under section 20 of the act for filing the arbitration agreement in court and for reference of disputes to arbitration in accordance therewith is required .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009ACJ1332; 2008(5)ALT605
..... it was further held that 'since the provision for compensation in the railways act is a beneficial piece of legislation, it should receive a liberal and wider interpretation and not a narrow and technical one and the interpretation which advances the object of the statute and serves ..... 000/- under section 124-a and 125 of the railways act (for short 'the act') for the injuries sustained by him in an untoward ..... 170 (push-pull train) between mahaboobabad and warangal, he accidentally fell down from running train due to sudden jerks and jolts while train was passing between tallapusalapalle and intikanne railway stations and both his legs were cut in the middle of the thigh and left hand was cut at arm, as the wheels of train passed over them. ..... :in our opinion, if we adopt a restrictive meaning to the expression 'accidental falling of a passenger from a train carrying passengers' in section 123[c] of the railways act, we will be depriving a large number of railway passengers from getting compensation in railway accidents. ..... 2006(5)ald812 , wherein, it was held that 'the railways must plead and prove that the victim had an intention to sustain injury on his own accord, the exception carved out in section 124-a of the act cannot ..... tribunal is set aside and the matter is remitted to the tribunal for the purpose of fixing the appropriate amount of compensation payable to the appellant. ..... to the tribunal for the purpose of fixing the appropriate amount of compensation payable to the appellant.13. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD533; 2007(2)ALT410
..... optical shop, venetian blinds, travel agency, eye clinic and homoeo clinic for the last about 15 years; that they have been paying property tax at commercial rates; that notice dated 16-3-2006 issued by the commissioner was nullified by the high court; that in view of the judgment and decree dated 28-8-2002 passed by additional judge, city small causes court-cum-vi senior civil judge ..... who purchased different portions of the building known as amrutha business complex, ameerpet have filed this petition for quashing notice dated 22-8-2006 issued by commissioner, municipal corporation of hyderabad (hereinafter referred to as 'the commissioner') under section 636 of the hyderabad municipal corporation act, 1955 (for short, 'the 1955 act') requiring them to demolish/remove/pull down the unauthorised construction not covered by the sectioned plan within 24 hours of the ..... corporation and its functionaries for vacating interim injunctions.while disposing of the applications for injunction, the learned judicial officers shall examine each case on merits and pass appropriate order without being influenced by the fact that the matter is being monitored by this court. ..... from ameerpet junction to begumpet railway crossing via greenlands junction is one of the several roads, which ..... , from ameerpet junction - begumpet railway crossing via greenlands junction as commercial zone, and argued that the use of the building in question for commercial purposes is liable to be regularised on payment of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD726
..... : air2005sc3425 , the supreme court approved the judgment of the high court of jharkhand, which refused to interfere with the order passed by the competent authority under die bihar and orissa public demands recovery act, 1914 on the ground of availability of alternative remedy and observed:.it is no doubt true that according to the appellant company the certificate proceedings could not have been initiated under the bihar and orissa public demands ..... is directed against order dated 9-11-2006 passed by the learned single judge, whereby she allowed the writ petition filed by the respondents and quashed order dated 31-3-2006 passed by estate officer and additional divisional railway manager, south central railway, vijayawada (hereinafter referred to as 'the estate officer') under the public premises (eviction of unauthorised occupants) act, 1971 (for short, 'the 1971 act').2. ..... the appellate authority is expected to pass appropriate order within a period of seven days of the institution of the ..... an appropriate case, in spite of availability of the alternative remedy, the high court may still exercise its writ jurisdiction in at least three contingencies: i) where the writ petition seeks enforcement of any of the fundamental rights; (ii) where there is failure of principles of natural justice; or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an act is ..... is for them to establish their case by working out the appropriate remedy available under law. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALD772
..... writ petition is filed by the petitioner for issuance of a writ of certiorari or any other appropriate writ or direction calling for the records relating to the judgment and decree in a.s.no. ..... learned principal district judge, east godavari at rajahmundry at paragraph-7 observed as under:in the result, the appeal is allowed setting aside the impugned order passed by the estate officer and additional divisional railway manager, south central railway, vijayawada, but giving liberty to the respondent and the railway administration to file civil suit with regard to the same subject. ..... the observations and findings made by the court below in respect of giving liberty to the respondent and the railway administration to file a civil suit is unsustainable and the same is hereby set aside. ..... as rightly argued by the learned counsel for the petitioner, section 15 of the public premises (eviction of unauthorized occupants) act bars the jurisdiction of civil court in respect of eviction of any person who is in unauthorized occupation of the public ..... the petitioner railways issued notice under section 4(1) of the public premises (eviction of unauthorized occupants) act (hereinafter referred to as 'the act' for the purpose of convenience) to the ..... appellate authority on an erroneous view of law and facts allowed the appeal by setting aside the order of the petitioner giving liberty to railway administration to file civil suit with regard to the same subject.5. ..... court issued rule nisi on 27.07.2006.2. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD599; 2004(3)ALT17; (2004)IILLJ581AP; [2004]55SCL459(AP)
..... the budgetary releases from out of the allocations made under the appropriate act are once again dependent on several factors, such as, actual receipt of estimated revenue, expenditure required to be incurred for certain unforeseen contingencies etc. ..... in central inland water transport corporation limited's case (supra) the supreme court struck down clause (i) of rule 9 of the rules of the corporation as void under section 23 of the contract act as being opposed to public policy and is also ultra vires article 14 of the constitution of india that to the extent that it confers upon the corporation, the right to terminate the employment of a permanent employee by giving him three ..... thus budgetary allocation, made under the appropriation act, is law made by the state legislature and cannot be deviated from. ..... article 204(3) of the constitution of india prohibits withdrawal of money from the consolidated fund of the state except under appropriation made by law passed in accordance with the provisions of article 204. ..... that after grants under article 203 of the constitution of india, have been made by the assembly, a bill is required to be introduced in the legislative assembly under article 204(1) of the constitution of india, to provide for appropriation out of the consolidated fund of the state and on the said bill being passed it becomes the 'appropriations act'. ..... , these are also once again placed for approval of the legislature and on being passed becomes law as 'appropriation act-ii. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALD286
..... no doubt, there is a delay on the part of the respondent-railways to make appropriate communication to thearbitrators referring the 9th claim of the applicant to the arbitrators pursuant to the orders of this court ..... court, by an order dated 20-12-1999 disposed of the said application declining to exercise its authority under section 11(6) of the act to appoint a sole arbitrator but directed the respondent-railways to refer the 9th claim of the applicant herein which had earlier been refused to be referred to arbitration by therespondent. ..... this application is filed under section 11 of the arbitration and conciliation act, 1996 ( for short 'the act') with the prayer as follows :'to make the appointment of sole arbitrator for adjudicating all the disputes relating to 9claims made by the petitioner to be filed before the sole arbitrator to be appointed by this honourable court ..... entering upon the reference and in view of the fact that though both the arbitrators were chosen by the parties, so far, the arbitrators have not nominated an umpire, the arbitrators have failed to act in accordance with the agreement thereby attracting section 11(6)(b) of the ..... to be mentioned here that the one of the grounds raised by the respondents herein in the abovementioned aa 33 of 1999 is that in view of the fact that the arbitration agreement is of the year 1984, the provisions of the 1996 act would have no application and it is only the repealed arbitration act, 1940 which governs the situation. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD603; 2005(2)ALT637; (2005)IILLJ768AP
..... 146/- and appropriated the said amounts without remitting the said amount to the railways thereby he failed to maintain the absolute integrity and also failed to protect the interest of the railways and exhibited conduct unbecoming of a railway servant and thereby contravened rule 3(1)(i) and (iii) of the railway employees conduct rules, ..... krishna by his above acts failed in his duties to maintain absolute integrity as he failed to ensure and protect the interests of the railways and exhibited conduct unbecoming of a railway servant and thereby contravened rule 3(1)(i) and (iii) of railway employees conduct rules, ..... assessing the evidence of the witnesses, the inquiry officer ought to have taken into consideration the answers given by the witnesses in their cross-examination and the clarifications given by them, instead of acting upon the evidence given by the witnesses in their chief examination and in their previous statements. ..... decision is arrived at on no evidence or it is thoroughly unreliable or no reasonable person can act on it, the order would be perverse. ..... the tribunal itself acted as appellate authority against the order of the punishment passed by the department, which procedure is contrary to the catena of the decisions of the ..... by the learned standing counsel for the central government reported in lalit popli's case (supra) observed in para 16 thus:'while exercising jurisdiction under article 226 of the constitution the high court does not act as an appellate authority. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1958]9STC80(AP)
..... that the mere fact that the place of delivery is shown as veldurthi or nandyal or dronachalam is insufficient to hold that the sales were completed at those places when the contracts show that the payment is to be made against railway receipt and further he held that those sales were outside the province in which goods were consigned to the name of the plaintiff or of a third party which amounted to rs. ..... of transmission to the buyer if the intention appears otherwise the property in the goods may not pass to the buyer until the conditions imposed by the seller are fulfilled such as envisaged under section 25 of the said act, wherein a contract for sale of specific goods or where the goods are subsequently appropriated to the contract the seller may by the terms of the contract or appropriations reserve the right of disposal of goods until certain conditions are fulfilled. ..... translating this into the terms of ordinary commerce, if the seller delivered the goods to the railway for conveyance to 'self' at calcutta, there would not be such an appropriation as would pass title to the purchaser. ..... in these appeals learned advocate has raised common questions, namely, that having regard to the fact that in all cases delivery of the railway receipts was against payment, the property in the goods passed to the buyers outside the province of madras and the sale must be held to be outside the province; that the assessments for 1946-47 and 1947-48, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1991AP249; 1991(1)ALT383
..... dismissed the writ petition filed by the petitioner, wherein the petitioner prayed for a writ of mandamus or any other appropriate writ or direction to the railway authorities and the government of andhra pradesh represented by the chief conservator of forests, to accept the consignment of rosa extract perfume (otherwise as rosa oil) booked by the petitioner from nampally railway parcel office to the state of maharashtra by exercising the authority vested in them instead of illegally refusing to accept the consignments ..... 77b of the indian railways act (second schedule). ..... 77b of the indian railways act. ..... it is the common case that the item in dispute is not covered by sub-clause(2) or sub-clause, (3) of s.2(g) of the act, that is to say, it is not covered by the 2nd and 3rd categories.12. ..... manufacturing process in the factory and the sandal-wood oil cannot be obtained straight from the tree and, therefore, sandal-wood oil cannot be brought within the fold of forest produce as defined in section 2(g) of the act and consequently it does not require transit permit.14. ..... it is submitted that neither the andhra pradesh forest act nor any other law in force prohibits the sale of rosa oil or its transport.7. ..... sri noushad all, the learned counsel for the appellant, submits that the product in dispute, though prepared from rousa grass, is not a 'forest produce' within the meaning of s.2(g) of the act and thus it is not a forest produce, for purposes of the act and the rules.11. .....
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