Court : Andhra Pradesh
Decided on : Nov-17-1989
Reported in : 1991(2)ALT536; (1993)IIILLJ178AP
..... case where there was violation of principles of natural justice.11. as to the incidental point relating to alternative remedy, no doubt, section 41 or the 1966 act (section 48 of the new shops and establishments act) provides a right of appeal initially to the assistant commissioner of labour and then second appeal to the labour court. but it ..... entitled to contend that there is not only breach of bye-laws but that there is also 40 a breach of the provisions of the section 40(4) (or section 47(2) of the new act) and rule 20 of the a.p. shops and establishments rules, 1966, which deal with the procedure for conducting disciplinary enquiries. i ..... of india without directing the petitioner to file an appeal before the assistant commissioner of labour and then before the labour court under section 41 of the shops and establishments act, 1966 (now section 48 of the act of 1988) ? (3) whether a writ lies against a cooperative society under article 226 of the constitution of india treating the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-1989
Reported in : AIR1989AP295
..... wireless receiving apparatus rules, 1965 and the indian wireless telegraphy (possession) rules, 1965 which rules are made respectively under section 7 of the telegraph act, 1885 and section 10 of the wirless telegraphy act, 1933. these were commercial licences as distinguished from domestic licences. the question was whether by showing prerecorded cassette programmes ..... said rules.6. it becomes necessary to refer to the relevant statutory provisions and the rules under different headings.i. indian telegraph act, 1885 :7. section 3(1) of the indian telegraph act, 1885 (as amended in 1984) defines 'telegraph' as follows:'3 (1) 'telegraph means telephone or any other instrument appliance ..... cable system, they all require licenses in form e if they are not dealers and in form 'c' if they are dealers, under section 4 of the indian telegraphs act, 1885 read with the indian wireless telegraphy (possession) rules, 1965 and (in case of dealers) read with the commercial broadcast receiver licensing .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-03-1989
Reported in : 1992(1)ALT705
..... of the indian forest act are analogous to sections 4 and 7 of the a.p. forest act. section 5 of the indian forest act, 1927 is analogous to section 7 of the a.p. forest act. section 26 of the indian forest act which is analogous to section 20 of the a.p. forest act deals with certain prohibited acts in forests under section 26(1)(a) any ..... (sn) 73. (w.p. 6423/80 dt. 7.10.82.) seetharam reddy, j., has taken the view that:'.....the moment the notification is issued under section 4 (of the forest act) any other forum is forbidden from embarking upon any enquiry and confer any right or patta whether existing or new one, in respect of such land which is ..... the contentions raised by the learned counsel for the petitioners it is necessary to notice the relevant statutory provisions. chapter ii of the a.p. forest act deals with reserved forests. section 3 confers power on the state government to constitute any land as a reserved forest in the manner specified in that chapter. whenever it is proposed .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-20-1989
Reported in : (1990)IILLJ553AP
..... of sri anantha babu, it would be appropriate to refer to the definition of 'dock worker'. section 2(b) of the act defines 'dock worker' which is in the following terms : 'dock worker means a person employed or to be employed in, or in the vicinity of, ..... inspection agencies are not obliged to engage them. 6. our learned brother, jeevan reddy, j. has examined the definition of 'dock worker' as contained in section 2(b) of the act and held that the sampling worker falls within definition of dock worker. this view of the learned judge is assailed before us. 7. to appreciate this contention ..... who work on the port are governed by the dock workers (regulation of employment) act 1948, (for short 'the act') under section 5 of the act, the dock labour board has been established by the government which is a corporate body. section 3 of the said act provides for framing of the scheme for ensuring regular employment of the workers. the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-17-1989
Reported in : (1995)IIILLJ833AP
..... the expiration of the said period of two months'.3. in this case, admittedly, the adjudication on the application was communicated. as a result, sub-section (4) of section 25-m of the act does not apply. the authorities have considered the matter on merits and passed the order on 23rd august, 1982. it is found from the record that ..... there is no power in the authority under section 25-m of the act to accord post-approval to the lay-off already declared. i find force in the contention. once the lay-off is to be made, prior permission ..... merits, admittedly the petitioner has invoked the jurisdiction of the first respondent under sub-section (4) of section 25-m of the industrial disputes act, 1947 (for short 'the act'), which reads thus:'where an application for permission has been made under sub-section (1) or sub-section (2), and the authority to whom the application is made does not communicate the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-10-1989
Reported in : II(1990)DMC16
..... reliefs on the ground of desertion by her husband. pending disposal of the above op she filed an application ia no. 1679 of 1987 under section 24 of the hindu marriage act and section 151 cpc for interim maintenance. no oral evidence was adduced on behalf of the wife but exs. a-1 to a-6 were marked on ..... the right in the course of the administration of justice. it was also contended that the grant of interim maintenance was permitted both by section 151 cpc and section 18 of the hindu adoptions and maintenance act. following the decision of the madras high court in mahommed abdul rahman v. tajunissa begum, : air1953mad420 and several decisions of the other ..... that the court had no jurisdiction to grant interim maintenance in a case where the very right to maintenance was in contest and neither section 151 cpc nor section 18 of the hindu adoptions and maintenance act, 1956 authorised the award of interim maintenance. but on behalf of the wife it was contended that it is the inherent right .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-11-1989
Reported in : [1991]191ITR368(AP)
..... . in this behalf, the tribunal referred to the board's circular no. 320 dated january 11, 1982 [see [1982] 134 itr 166], no doubt issued under section 167a of the 1961 act, clarifying that members of such clubs do not have any share in the income or assets of such association. since there is no definition of association of person ..... so, the principle of the board's circular applies with equal force in the case of an association of persons under this act. 6. we may also say that sub-section (4) of section 21aa appears to lend support of our conclusion. it says that, upon discontinuation or dissolution of an association of persons, every person who was a member of ..... in the case of such a club. neither does he have a share in the income, nor in the assets. section 14 of the societies registration act says that, upon the dissolution of a society registered under the said act, if any assets remain after satisfying all its debts and liabilities, the same shall not be paid to or distributed among .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-06-1989
Reported in : AIR1990AP100
..... board to constitute examining committees and revising committees. section 5 amends section 4 and also introduces sec. 4( 1 a). under section 4(1) an application for certification has to be made in the prescribed manner. section 6 of the second amendment act inserts section 4a after sec. 4 of the principal act. section 7 substitutes a new section for section 5 of the principal act. section 8 amends s. 5-a. s. 9 ..... the supreme court. but mere reference therein has little effect since the decision rendered does not rest on the provisions of s. 4a. when the 3rd amendment act had expressly repealed the operation of section 4-a mere reference in the judgment of the repealed provision does not have the effect of resurrection of its obliteration from the statute and given effect .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-28-1989
Reported in : (1990)IILLJ537AP
..... commercial establishment and such other establishment as the government may, by notification, declare to be an establishment for the purposes of this act. sub-section (5) of section 2 of the act defines 'commercial establishment'. in this case, admittedly the choultry is owning a building of 12 rooms where the lodgers are staying on ..... construed as to defeat the very purpose of the legislation merely because the very establishment is a charitable institution. under sub-section 4 of section 64 of the act (section 73(4) of act 20 of 1988), the government have power to exempt any establishment or class of establishments from all or any of the ..... with the objects of improving, securing greater efficiency, rationalisation, reduction of cost of silk, was a commercial establishment within the meaning of section 2(5) of the act. having taken into consideration the functions of the research institute which included investment in movable and immovable properties, growing of commercial crops and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-17-1989
Reported in : 1991(2)ALT188
..... rule 17 and order 1 rule 10 of the code of civil procedure to the trial of election petitions under the representation of the people act, 1951. section 82(b) of the said act enjoins that a petitioner shall join as respondents to the election petition' any other candidate against whom allegations of any corrupt practice are made in ..... of amendment or to strike out parties cannot be used at all. the civil procedure code applies subject to the provisions of the representation of people act and any rules made thereunder (section 87). when the act enjoins the penalty of dismissal of the petition for non-joinder of a party, the provisions of the civil procedure code cannot be used as curative ..... will aid the court in disposing of the matters in dispute between the parties are as a rule allowed subject to the law of limitation. but section 86(5) of the act provides for restrictions on the power of the high court to allow amendments. the high court is not to allow the amendment of a petition which .....
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