Court : Andhra Pradesh
Decided on : Aug-25-1989
Reported in : (1990)IILLJ540AP
..... syndicate on 14th september, 1979. the petitioner has not assailed the decision of the syndicate regarding his appointment. section 39 of the osmania university act, 1959 provides for the constitution of selection committee and section 21 deals with the powers of the syndicate. it is stated that the syndicate has powers to appoint ..... meeting held on 14th september, 1979. it is submitted that under the osmania university act, 1959. the syndicate has power to appoint teachers on the recommendation of the selection committee constituted under section 39 of the osmania university act. having been so appointed, the petitioner cannot contend that he was appointed on regular ..... the petitioners as well as the learned standing counsel for the osmania university agree that except section 39 of the osmania university act, there is no other provision governing the appointment of lecturers either under the act or under the statute and that no regulations have been framed by the university in that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-31-1989
Reported in : [1990]76STC254(AP)
..... may be noticed that the words 'and other articles made of rubber, plastic foam, synthetic foam or other similar material' in entry 41 were introduced by act 49 of 1976. the very same amendment act also introduced entry 101 in the first schedule. now a reading of both the entries would show that while entry 101 deals with rubber products as such ..... a manufacturer and dealer in tread rubber and vulcanising solution, having its factory at balanagar. the assessment order was revised by the deputy commissioner in exercise of his powers under section 20(2) of the andhra pradesh general sales tax act. he held that tread rubber is liable to be taxed under entry 41 of the first schedule to the ..... act, and that it does not fall under entry 101(ii) of the first schedule, as was held by the assessing authority. on appeal, the sales tax appellate tribunal took the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-24-1989
Reported in : [1989]75STC300(AP)
..... when the matter came to this court, it was held that the words 'on behalf of any principal' occurring in the definition of dealer in section 2(1)(e)(iv) of the act indicate that the agent is a dealer in respect of each of the principals and that he is deemed to be as many dealers as there ..... after this decision, the legislature again stepped in and enacted the andhra pradesh general sales tax (amendment) act, 1970. by virtue of this amendment act, the original section 11 as it stood on 1st august, 1963, was revived. second proviso was added to section 5(1). the assessments already made were validated. this amendment was again questioned in this court. the ..... and amended the definition of 'dealer'. in the definition of 'dealer' in sub-clause (iv) of clause (e) of section 2, in the place of the word 'principal' the words 'principal or principals' were substituted by act 5 of 1968. the learned government pleader contended that the said amendment was brought in expressly with a view to get over .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-01-1989
Reported in : I(1990)ACC468; 1990ACJ350; AIR1990AP207
..... an error of clinical judgment is wholly ambiguous, for, while some such errors may be completely consistent with the due exercise of professional skill, other acts or omissions in the course of exercising clinical judgment may be so glaringly below proper standards as to make a finding of negligence inevitable.' after referring ..... commenced the operation and completed the same. his indifference to the realities and the reckless manner with which he commenced and completed the operation are clearly acts of negligence. the situation when the anaesthetist resorted to resuscitation was clearly indicative of the patient being afflicted with anoxia, a circumstance in which the ..... is the government of andhra pradesh represented by the district collector, guntur who according to the plaintiff is vicariously liable for the damages since the alleged act of negligence was committed by the defendants 2 and 3 in the course of discharging their duties as employees of the state government.2. the plaintiff .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-14-1989
Reported in : [1991(62)FLR223]; (1991)IILLJ608AP
..... must be deemed to have been completed on completion of six months. the case of the management is that the reference is outside the scope of section 10(1) of the industrial dispute act as it is not a pending matter or a live issue. the nature of performance of an employee can only be noticed by the employer who ..... confirmed, unless their services are dispensed with on or before the expiry of the period of probation. the very fact that the employee was shifted from one section to the other section during the period indicates that the management wanted to try him in different positions and it is the objective satisfaction of the officers concerned that has to be ..... . p. (1964-i-llj-622) and shalimar works ltd. v. their workmen (1959-ii-llj-26) have not been properly considered by the tribunal. it is a stale act. the allegation that because the employee was indulging in union activities his probation was extended and he was reverted to his original post is not correct. the respondent herein took .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-21-1989
Reported in : 1990CriLJ97
..... been made in accordance with the provisions of s. 466 or s. 471 of the code of criminal procedure or s. 30 of the prisoners act, 1900 or s. 103-a of the indian army act. section 471 sub-section (1) of the cr.p.c. of 1898 corresponds to s. 335 of the criminal procedure code of 1973. so, the accused comes within, the definition ..... for the reception and detention of any person in such asylum or in any other asylum to which he may be lawfully transferred. section 27 of the mental health act of 1987 which is the corresponding provision in the new act is also to the same effect. 5. we, therefore, direct that the appellant accused shall be detained in the institute of mental ..... by a person who at the time of doing it by reason of unsoundness of mind is incapable of knowing the nature of the act, or that, he is doing what is either wrong or contrary to law. section 334, cr.p.c. provides that whenever any person is acquitted upon the ground that, at the time at which he is alleged .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-06-1989
Reported in : 1990CriLJ332
..... term exceeding 3 years. sri duba mohanarao seems to be laboring under a mis-apprehension that an offence under the essential commodities act is a summons case. section 7 of the essential commodities act lays down penalties. under sub-section (1)(a)(ii) of s. 7 the punishment shall extend to 7 years imprisonment and the accused is also liable to fine ..... . only in the case of contravention of an order made under clause (h) or clause (i) of sub-section (2) of s. 3, ..... of punishment that can be fixed. under no circumstances can the offence complained against the accused be treated as an offence coming within the scope of a summons case. section 167(5), cr.p.c. has absolutely no application. the period of limitation is 3 years and hence the charge sheet filed is within time. 7. it should .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-07-1989
Reported in : AIR1991AP88
..... question paper shall consist of quiz type as well as essay type questions carrying 60% and 40% marks respectively. the candidates will have to clear the papers in both the sections independently and the minimum pass marks of 70% for quiz type and 60% for essay type, shall be adhered to. the examinations will be conducted under the supervision of dgca .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-01-1989
Reported in : [1990]76STC390(AP)
..... the rule of unjust enrichment as adumbrated in this court's judgment in ramaiah v. state air 1986 ap 361, which rule is also incorporated in section 33-bb of the andhra pradesh general sales tax act. in this view of the matter, we modify the order of the tribunal in the following manner : 'the assessing authority will issue notice to the ..... court on 13th december, 1982, affirming the tribunal's view does not provide a fresh cause of action, he submits, and, therefore, it cannot be said that the deputy commissioner acted arbitrarily or perversely in refusing to exercise the discretionary power of revision. he also submits that the tribunal was in error in not dealing with this aspect and straightway entering .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-03-1989
Reported in : 1990ACJ878; AIR1990AP11
..... the public places; expeditious and inexpensive and efficacious procedure has been provided for and power and jurisdiction has been conferred on the tribunals to award just compensation. section 92-a' manifests its intention to pay compensation even for no fault liability. the term 'just compensation' is of wide amplitude. the right to life ..... aap 2448. his widow, the 1st respondent, minor son and father laid the claim under s. 110-a of the motor vehicles act (act iv of 939), for short 'the act' for a sum of rs.44,200/-. the tribunal below found that the death was due to rash and negligent driving of the driver ..... has become incumbent to all the tribunals concerning determination of the compensation, be they motor accidents claims tribunals or civil courts, dealing under the acquisition or requisition act, etc. to follow the above procedure so that thepersistent criticism against the courts would be effectively silenced........... the procedureindicated (by this court) has been transformed .....
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