Court : Andhra Pradesh
Decided on : Oct-15-2003
Reported in : 2004(1)ALD332; 2004(2)ALT26; [2004(101)FLR710]; (2004)IILLJ62AP
..... the nature of the duties attached to the office or by reason of the powers vested in him functions, mainly of a managerial nature. section 25f of the act dealing with conditions precedent to retrenchment of workman, reads as hereunder:'no workman employed in any industry who has been in continuous service for not ..... terminated under a stipulation in that behalf contained therein; or(c) termination of the service of a workman on the ground of continued ill-health; section 2(s) of the act defines 'workman' as hereunder:'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational ..... it is not in dispute that all these are trainees and the period was extended, but ultimately, their services being found unsatisfactory had been terminated. section 2a of the act dealing with dismissal etc., of an individual workman to be deemed to be an industrial dispute, reads as hereunder:(1) where any employer discharges, dismisses .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-27-2003
Reported in : AIR2004AP326; 2004(4)ALD324; 2004(5)ALT293
..... of that document a right is created for the first time in a property worth rs. 100/- or more, it does require registration in view of section 17 of registration act. defendants 1, and 2 are strongly relying on ex.b.14 to establish that the suit property along with some other property was allotted to the ..... in such a case the memorandum itself does not create or extinguish any rights in immovable properties and therefore does not fall within the mischief of section 17(2) of the registration act and is, therefore, not compulsorily registerable;(5) the members who may be parties to the family arrangement must have some antecedent title, claim or ..... effect of declaring the exclusive title of the coparceners to the properties allotted to them in the partition, such document requires registration, as it falls under section 17(1)(b) of registration act. the ratio in jaipal singh case (supra) is that an unregistered deed, which is compulsorily registerable, cannot be used as evidence for any purpose .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-07-2003
Reported in : 2004(4)ALD810
..... various irregularities that have taken place during the course of counting. it is her case that taking advantage of the rural background of the 1st respondent, the election officer had acted in an authoritarian manner and has manipulated the results. she submits that the various allegations made by the 1st respondent, particularly those against the election officer, stood unrebutted, since he ..... of women. in the present case, the reservation was in favour of women belonging to bc category. the gram panchayat concerned is in an interior place. if the election officer acts in a manner giving rise to genuine doubts in the minds of the electorate and the contestants, there is every likelihood of the people loosing confidence in the very system .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-11-2003
Reported in : 2003(4)ALT220
..... and hence the present writ petition.3. the learned counsel for the petitioner sri raghavacharyulu mainly raised two contentions. firstly he contended that three successive enquires under section 51 of the act have been conducted and the same is contrary to the law laid down by a learned single judge of this court in c.h.w.c.s. ..... of the learned counsel for the petitioner that no independent enquiry was conducted, it could be seen that no doubt this court held that the enquiry under section 51 or 52 of the act is only an administrative one and that an independent enquiry has to be necessarily conducted, since the jurisdiction of the civil court is barred under ..... section 121 of the act. but considering the facts and circumstances of that case, the division bench in ch. sanyasinaidu's case (cited 2 supra) held that no further opportunity need be .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-03-2003
Reported in : 2004(2)ALT296
..... finality, as not being challenged, are binding on the petitioners?10. point no. 1: in order to advert this issue, it is necessary to look into the provisions of the act. section 2(n) defines 'urban agglomeration'. the relevant portion of 2(n) (a) (i) and (ii) is extracted as under for ready reference:(i) the urban agglomeration specified in ..... area and the government by issuing g.o.ms.no. 733 had totally exempted prescribed extent of land subject to certain conditions, exercising its jurisdiction under section 20(1)(a) of the act.20. it is to be further seen that the object behind the issuance of g.o.ms.no. 733 is to meet the scarcity of housing ..... reasons, i hold that for the extents held by the petitioners, no further exemption need be taken from the competent authority under the act, inasmuch as blanket exemption exercising its jurisdiction under section 20(1 )(a) of the act, had already been granted by the government through g.o.ms.no. 733. in other words in view of the undisputed fact .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-02-2003
Reported in : II(2004)ACC81; 2005ACJ559; 2004(1)ALD770; 2004(3)ALT570
..... ram case (supra) and submits that the motor vehicle involved in the accident was given on hire to apsrtc which is the 'owner' within the meaning of section 2(30) of the act and the original owner has insured the vehicle with the insurance company and as such, the apsrtc has not insured the vehicle and it is not the original ..... the judgment of the apex court in rajasthan state road transport corporation v. kailash nath kothari, : air1997sc3444 , wherein it was held as under:'the definition of owner under section 2(19) of the act is not exhaustive. it has, therefore to be construed, in a wider sense, in the facts and circumstances of a given case. the expression owner must include, ..... the sixth respondent (insurer) to avoid its liability to the claimants, because the appellant also is the deemed owner of the bus involved in the accident as per section 2(30) of the act, and is a party to the op. so, the liability of the 'owner' as to the person who has to pay the compensation to the claimants is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-28-2003
Reported in : 2003(4)ALT494
..... the complaint does not prima facie constitute any offence against the accused and/or that the fir does not disclose commission of any offence. 8. section 20 of the act deals with the acts prohibited in the reserve forest and penalties for trespass or damage in such forest. the said provision, relevant for the purpose, reads as under ..... 10. insofar as the second contention that petitioners stand exonerated of all the contraventions and offences as the second respondent has compounded the offence under section 59(1) of the act is concerned, in my considered opinion, the same though on the face of it appears to be formidable, a closer scrutiny would disclose the ..... fallacy of the contention. section 59 of the act deals with compounding of forest offences, which reads as under. 59. power to compound offences:- (1) any forest officer specially empowered in this behalf by .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-19-2003
Reported in : II(2004)ACC279; 2005ACJ1427; 2004(2)ALD133; (2004)IILLJ395AP
..... the learned counsel for the appellants submits that since the injuries received by the deceased are not employment injuries, section 53 of the esi act has no application to the present case. in support of his contention, the learned counsel relied on certain judgments, which are as follows:10. in tribhuwan ..... since the deceased met with the accident while proceeding in a van outside the work place, his l.rs. are entitled to file a petition under section 166 of the mv act.9. the deceased worked in the third respondent-company, which is situated at somajiguda, as on the date of accident. the accident occurred near miyapur. ..... decruze aged about 32 years died in a motor accident occurred on 10-1-1990. his wife and two minor children made an application under section 166 of the motor vehicles act, 1988 ('the mv act' for brevity) claiming compensation of rs. 3,50,000/-. the tribunal while assessing the compensation payable to the claimants at rs. 1, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-25-2003
Reported in : III(2004)ACC793; 2005ACJ530; 2004(4)ALD106; 2004(4)ALT544
..... clause (ii) deals with employees who are employed in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the factories act, 1948, is being carried on or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made, ..... workman in section 2(s) of the industrial disputes act, 1947. as per that judgment, any person employed in any industry to do any skilled or unskilled, manual, supervisory, technical or clerical work is ..... v. mahesh chandra, 1983 lab ic 1483. according to this decision, a development officer working in l.i.c. is a workman as defined in section 2(s) of industrial disputes act, 1947, this decision does not help the respondent in the present appeal. the apex court in paragraph 4 of its judgment extracted the definition of a .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-2003
Reported in : II(2005)ACC228; 2005ACJ1532; 2004(4)ALD732; 2004(5)ALT398
..... that person or that other person, a policy of insurance complying with the requirements of the m.v. act. therefore, section 146 of the act mandates that every motor vehicle shall be insured and without any such insurance, the vehicle shall not be allowed to be used. having regard to the ..... exceed 7500 kgs, it becomes light motor vehicle. however, as can be seen from the definition of 'motor vehicle' or 'vehicle' as given in section 2 sub-section (28) of the act, it is obvious that any vehicle which is mechanically propelled vehicle adopted for use upon roads whether the power of propulsion is transmitted thereto from an external ..... by itself, it is not a mechanically propelled vehicle, it becomes a motor vehicle for all practical purposes. it is appropriate here to consider section 146 of the motor vehicles act. according to this section, no persons shall use a motor vehicle in a public place unless there is in force in relation to use of the vehicle by .....
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