Court : Andhra Pradesh
Decided on : Mar-18-2003
Reported in : 2003(4)ALT470
..... as to defeat the proprietary rights if otherwise they are established by the parties. hence, in view of the clear language employed in sub-section (1) of section 38 of the specific relief act, 1963 so far as it relates to an extent of acs.3-38 cents in s.no. 444/d as referred to supra is concerned ..... ahmed sab's land (father ofdefendants 6 to 9)north: manikya reddy's land(successors in title ofs. fakruddin sab)south: land of ali sab6. section 38 of the specific relief act, 1963 deals with the aspect of perpetual injunction when granted and the provision reads as hereunder:(1) subject to the other provisions contained in or referred ..... the words '......perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.......' in sub-section (1) assume importance. when the contesting defendants themselves had taken a specific stand in the pleadings and also in the evidence that the plaintiff is entitled to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-18-2003
Reported in : 2003(4)ALD510; 2003(3)ALT18
..... further a careful reading of the conclusion no. (iii) appears to run contrary to the contention of the petitioner.34. it is to be further noticed that section 9-a of the act deals with the payment of dead rent by the lessee. the said provision, to the extent relevant, is extracted as under for ready reference:--(1) the holder ..... the licence or lease. to avoid this contingency, certain measures have been taken by the legislature by incorporating certain provisions like rules 12 and 17 read with section 9-a of the act.24. as already noticed, the state has the power to declare the lease as cancelled, if no mining operations are undertaken after obtaining the lease for a ..... he contends that the lease has nothing to do with the ownership of the land. in order to further substantiate his contention, he placed heavy reliance on section 9-a of the act. he further contends that no distinction is made between the land owned by the lessee and the land owned by the state and that the state is the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-29-2003
Reported in : 2004(2)ALD315; IV(2004)BC447
..... liability for repayment of the borrowed amount and the 2nd with regard to the creation of a charge. therefore, in view of the bar under section 49 of the registration act, what follows is that the former part of the agreement which creates personal liability of the defendant can be enforced through court whereas the latter ..... high court in mohana chandra pillai v. ramachandran, 2000 (2) ccc 51 (ker.), wherein the kerala high court while considering the scope of section 49(c) of the registration act held:-'normally, an agreement has to be considered as a whole. if severance can be effected without affecting or damaging the core of the transaction ..... that the document cannot be received as evidence of any transaction affecting such property. if under the evidence act the document is receivable in evidence for a collateral purpose, section 49 is no bar. the proviso to section 49 clearly empowers the courts to admit any unregistered document as evidence of a collateral transaction not required .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-24-2003
Reported in : III(2004)ACC664; 2005ACJ2038; 2004(4)ALD44
..... any work connected to the work of the establishment of the appellant. he also held that deceased himself invited death due to his negligence. he also held that the act of the deceased holding the flag post, is totally unconnected with the establishment of the appellant. he also held that the accident occurred outside the premises of the ..... kerala balagram v. kochumon, : (1998)illj744ker , it was held that even a casual labourer is to be treated as workman under the provisions of the workmen's compensation act, 1923. there is no need to narrate the facts and the principle of law laid down in these two decisions, inasmuch as the learned counsel for the appellant did ..... the place of his work. it is, therefore, clear that the appellant is not liable to pay compensation to the claimants under the provisions of workmen's compensation act, as the deceased did not sustain any injury in any accident arising out of and in the course of employment under the appellant. the impugned award is bad in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-26-2003
Reported in : 2005ACJ1436; 2004(4)ALD442; 2004(5)ALT383
..... district judges, are not applying their mind to the principles evaluated by the series of decisions written by the superior courts, as well as the provisions of the motor vehicle act in awarding compensation. though they are expected to award compensation under several heads taking the gravity of the injuries sustained by the victim, the income and status of the individual ..... compensation of rs. 75,000/- to the claimant without dividing the compensation under various heads, which is highly illegal and not in consonance with the provisions of the motor vehicles act and also the ratio laid down by the superior courts while awarding the compensation. even though the value of the medical bills ex-a6 series produced by the claimant is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-08-2003
Reported in : 2004(4)ALD444
..... and the injured (since deceased) was one of the pillion rider on the scooter. undoubtedly, triple riding on a two wheeler, is, prohibited under section 128 of the act. section 128 of the act reads thus:'128. safety measures for drivers and pillion riders :--(1) no driver of a two wheeled motor cycle shall carry more than one person ..... it is now held that the rider of the scooter was also at fault and contributed in causing the accident by allowing two pillion riders in violation of section 128 of the act, from out of the compensation arrived at under the head pecuniary damages 25 % has to be deducted. thus, the claimants are entitled to a sum ..... causing the accident is perverse inasmuch as admittedly the deceased along with two others were travelling on a scooter which is statutorily prohibited under section 128 of the motor vehicles act, 1988 (for short, 'the act'). learned counsel further contends that as there was triple riding on a scooter, which is meant for two persons, there would be .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-05-2003
Reported in : 2003(1)ALD(Cri)676; 2003(4)ALT60; 2003(2)ALT(Cri)192; 2003CriLJ2488
..... . they conducted a panchanama and seized and sealed theatre on the allegation that the petitioner was screening obscene films and allegedly committed offence under section 294 of indian penal code, ipc and section 7 of the cinematograph act, 1952 (central act). challenging the action of respondents in seizing and sealing the theatre the writ petition is filed.2. while admitting the writ petition this ..... obscene films. the lessee of the theatre, kagithala shaik rizwan, operator, chulake lakshmi narayana, who were accused in crime no. 74 of 2000 registered under section 294 of ipc read with section 7(1)(a) of cinematograph act were arrested. subsequently, both of them were released on bail by the court of judicial magistrate of first class. jammalamadugu.4. insofar as arrest of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-15-2003
Reported in : 2004(4)ALD735; 2004(6)ALT217
..... having regard to the competing claims, it is obvious that the document in question attracts either clause (1) or (2) of the proviso to section 49 of the registration act and, therefore, the document in question can be received as evidence by the court.9. the learned counsel appearing for the revision petitioner seeks ..... held by the learned lower court.6. apropos the second objection on the point of registration, it is appropriate to consider the proviso to section 49 of the registration act. the said proviso reads as under: '49. effect of non-registration of documents required to be registered:................................provided that an unregistered document affecting ..... objection was two fold - firstly the document could not be marked as it was insufficiently stamped; and secondly the document required registration under section 17(g) of the registration act and, therefore, for want of registration it was not admissible.3. a perusal of the document in question dated 17.1.2003 shows .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-01-2003
Reported in : 2004(4)ALT258; (2005)ILLJ248AP
..... orderb. prakash rao, j.1. the appellant is the petitioner who seeks to assail by way of this appeal under section 82 of the employees' state insurance act dismissing its application filed under section 75(1)(g) of the act as per the orders dated october 11, 1999 in eic no. 74 of 1998 on the file of the employees' insurance court-cum-industrial tribunal ..... business in cloth was started in the year 1983 and at any point of time, the petitioner did not have employee more than 15 persons and therefore the provisions of esi act are not applicable. however, a demand was raised by the respondent treating the petitioner and jamuna silks as two different units, though situated in the same premises and therefore the ..... of the appellant. in view of the same, i do not find any question of law much less a substantial question of law to interfere in exercise of powers under section 82(2) of e.s.i. act, 1948. accordingly, the appeal is dismissed. no order as to costs. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-18-2003
Reported in : 2003(3)ALD691; 2003(4)ALT167
..... disputes and not to individual ones, and this is fortified by the finality and the binding effect to awards by rule 28 and more specially by section 18 of the central act, which makes awards binding not only on the individuals present or represented but on all the workmen employed in the establishment and even on future entrants ..... and it is also stated that the union which represented the workmen entered into settlement which was even filed before the conciliation officer in terms of section 18(1) of the act and such settlement as even specifically incorporated the terms agreed by with the union that it would not espouse the cause of dismissed workmen and ..... union of the workmen of the establishment or by substantial number of workmen the same could not be treated as an industrial dispute in terms of section 10(1) of the act and therefore the entire proceedings are liable to be quashed. the learned counsel contended that though such issue was not raised either before the conciliation officer .....
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