Court : Andhra Pradesh
Decided on : Feb-27-2003
Reported in : 2003(1)ALD(Cri)970; 2003(2)ALT(Cri)84; 2003CriLJ4410; II(2003)DMC605
..... opportunity to tender their explanation or to clear the particular points of ambiguity or dispute, the procedure is contrary to general principles and to the specific provisions of section 145, evidence act. inasmuch as no specific contradiction or omission is drawn to the notice of p.w. 2 and answer is elicited from her, ex. d-1 serves ..... prosecuted.5. ex. d-1 is an inadmissible document in evidence. it is a certified copy of deposition given by p.w. 2 in an earlier proceedings. section 33, evidence act, deals with relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts stated therein. certain conditions are laid down in the said provision to ..... p.c. she sentenced a-1 to undergo rigorous imprisonment for six months and to pay a fine of rs. 5,000=00 for the offence under section 6 of dowry prohibition act. aggrieved thereby, first accused preferred an appeal in criminal appeal no. 1 79 of 1997 on the file of vi additional sessions judge, secunderabad. by .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-18-2003
Reported in : 2003(2)ALD(Cri)1047; 2003(2)ALT(Cri)401; I(2004)DMC12
..... money the accused shall have to undergo simple imprisonment for one year. they were also convicted under section 4 of dowry prohibition act and each of them were sentenced to undergo r1 for 2 years and have to pay a fine of rs. 1,000/- each in default simple imprisonment for ..... six months. under section 6 of the dowry prohibition act also they were convicted with sentence of r1 of 2 years each and a fine of rs. 5,000/- each in default simple imprisonment for six months. the ..... also fined with rs. 1,000/- each, in default each one of them have to undergo simple imprisonment of six months. a1l the three were also convicted under section 3 of the dowry prohibition act with sentence of r1 for five years and fine of rs. 40,000/- collectively. this amount is payable to p.w. 1. in default of payment of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-23-2003
Reported in : 2004(1)ALD77
..... matter only after the award was passed and the matter was referred to the civil court. hence, he submitted an application dated 31-10-2002 seeking reference under section 18 of the act. since no steps were taken thereon, he has filed this writ petition seeking a direction to the 1st respondent to refer his claim to the competent court.3 ..... be one of the partners of friend hills company. the said firm was notified as one of the owners/occupiers of the land notified for acquisition. notice under section 9 of the act was issued on 4-4-2002. the petitioner claims that he was not in station and since the acquisition was by invoking urgency clause, he did not ..... to refer the matter.5. learned government pleader for land acquisition, on the other hand, submits that once the land acquisition officer has referred the matter under sections 18 and 30 of the act, it is not at all permissible in law to make a further reference of the very matter, at the instance of another person. he further submits .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : May-02-2003
Reported in : 2003(4)ALD25; 2003(6)ALT133
..... competent authority to take a decision as per the provisions contained in ap (scheduled castes, scheduled tribes and backward classes) regulation of issue of community certificate act, 1993 after affording an opportunity of hearing to the petitioner as expeditiously as possible.52. under the above circumstances and considering the fact that the petitioner has ..... him any notice before terminating the services of the delinquent and his services can be terminated at any stage without giving any opportunity since the first respondent acted on the report of the fourth respondent, who is the competent authority to decide the genuineness or otherwise of the caste certificate of the petitioner.21. ..... that the caste certificate issued to the petitioner is a genuine one.13. from the above, it is clear that respondents 1 to 3 have merely acted on the proceedings of the fourth respondent wherein he cancelled the caste certificate of the petitioner by observing that the petitioner does not belong to sc .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-04-2003
Reported in : 2004ACJ2031; 2003(3)ALD753
..... employment'.unless an employee can establish that the injury was caused or had its origin in the employment, he cannot succeed in a claim based on section 2(8) of the act. the words 'accident--arising out of--his employment' indicate that any accident which occurred while going to the place of employment or for the purpose ..... while he was hitting the rabbit, it was outside the course of employment and therefore he was not liable to pay any compensation to the petitioner under section 3 of the act. the commissioner rejected the contention of the appellant and awarded compensation. it is against this order, the appellant has preferred the appeal contending, the view ..... in this attempt he fell down from the lorry and met with the accident which resulted in his death. the respondent filed the application under section 3 of the workmen's compensation act, claiming compensation for the loss of life of her husband, contending that he met with the accident during the course of employment. the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-17-2003
Reported in : 2004(1)ALD380
..... certainly it would attract the appropriate duty. if the agreement provides that possession will be handed over on the execution of a conveyance as contemplated under section 11 of the mof act, then the explanation shall not be attracted at all. in the present case, it is clear that in the terms of the agreement there is ..... of such instruments mentioned in entry 91 of list i - union list of the seventh schedule to the constitution. a duty is leviable under section 3 of the bombay stamp act which indicates the instruments executed in the state or those outside the state but brought into the state for the first time relating to any property ..... 1999]1scr302 , while dealing with a similar question in a slightly different context relating to agreement of sale executed in terms of section 4 of maharashtra ownership flats (regulation of the promotion of construction, sale, management and transfer) act, 1963, the apex court at paras 7 and 8 held :'under entry 44 of list iii - concurrent list of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-04-2003
Reported in : 2003(2)ALD(Cri)219; [2004]119CompCas18(AP)
..... for a specified amount, it does not fall under the definition of bill of exchange. it cannot be called a cheque within the meaning of sections 5 and 6 of the act. section 138 contemplates drawing of cheque by a person on an account maintained by him with a banker for payment of any amount of money to ..... the lower court has elaborately discussed and ultimately come to the conclusion that the complainant failed to establish the relevant ingredients that are to be established under section 138 of the act. the relevant ingredients that have to be established have already been mentioned by the supreme court in the decision in kusum ingots and alloys ltd. v ..... on october 3, 1997. the accused received the said notice on october 7, 1997. exhibit p12 is the postal acknowledgment. the appellant invoked the provisions of section 138 of the act by presenting the complaint for dishonouring of cheque and it was taken on file. the accused pleaded not guilty. thereupon, the trial was conducted. the appellant .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-03-2003
Reported in : II(2004)ACC420; 2005ACJ1384; 2004(3)ALD156; [2004(101)FLR1068]
..... 11 ps. point is answered accordingly.point (ii)8. claimants, no doubt, would be entitled to interest on the compensation due and payable to them since as per section 4a of the act compensation has to be paid as soon as it falls due, and if there is default on the part of the employer in paying compensation within one month from ..... documentary evidence relating to the wage of the deceased, i do not wish to rely on the oral evidence of rw1 and the minimum wage fixed under the minimum wages act has to be taken as the salary of the deceased.6. in paragraph-24 of the order under appeal, the commissioner stated that the wage as per the notification ..... sukumari das, 2001 acj 1347 (ori.), he contended that when there is no reliable evidence to show the wage of a victim workman, wage payable as per the minimum wages act only has to be taken into consideration for arriving at the compensation payable. the contention of the learned counsel for the claimants is that since rw1 himself admitted that he .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-11-2003
Reported in : II(2003)ACC589; 2003(3)ALD366
..... and must not require a process of reasoning and it is distinguishable from erroneous decision. apart from this aspect of the matter, the language of section 4-a(3)(a) of the workmen's compensation act, 1923 itself is very clear. the words read as follows. 'at such higher rate not exceeding the maximum of the lending rates of any ..... said to be a ground for review. in the alternative, the learned counsel had drawn my attention to section 4-a and also section 10 of the workmen's compensation act, 1923 and also section 171 and other relevant provisions of the motor vehicles act, 1988 and had contended that the view expressed by this court relating to the reckoning of cause of ..... all fairness submitted that the larger bench decision was not cited by him by mistake. the learned counsel also submitted that even the language of section 4-a(3)(a) of the workmen's compensation act, 1923 is very clear and hence, in any view of the matter it is definitely an error apparent on the face of the record .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-2003
Reported in : 2003(2)ALD843; 2003(3)ALT68
..... the said conclusion is as follows:it is next pointed out on behalf of the appellant that while regulation 15 requires the council, when it proceeds to act under section 21(4), to furnish to the member a copy of the report of the disciplinary committee, no such requirement is incorporated in regulation 14 which prescribes what ..... proposed to remove his name from the register of members for a period not exceeding five years in accordance with the procedure laid down in section 21(4) of the said act. he was informed that he will be called to appear before the council for oral hearing for consideration of the written representation and oral ..... entitled to hearing by the council of the institute after the disciplinary committee has submitted report to the council. the supreme court considered sections 21 and 22a of the chartered accountants act and came to a conclusion that there is nothing in the provisions which exclude personal hearing by the council andaccordingly held the member accused .....
Tag this Judgment!