Court : Andhra Pradesh
Decided on : Mar-05-2003
Reported in : 2003(1)ALD(Cri)740; 2003(2)ALT(Cri)142; 2003CriLJ2956
..... -1996 in c.c. no. 3 of 1992. the trial court through its judgment under appeal had convicted the appellant for an offence under section 5(i)(e) read with section 5(2) of the prevention of corruption act, 1947 and sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of rs. 40,000/-, in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-21-2003
Reported in : 2005ACJ344
..... file the charge-sheets and in cases where they have not received the f.i.rs., they shall insist for sending them, as required under section 158(6) of the motor vehicles act, 1988 forthwith.(v) the tribunal shall keep a watch on the doctors who are giving evidence in accident cases and if the doctor is a ..... of sending the f.i.r. within thirty days, as well as the charge-sheet after completion of investigation, reflecting the true investigation as required under section 158(6) of the motor vehicles act.(ii) having regard to the fact, that day in and day out many scams are being unearthed and reported, he shall direct the investigating officers ..... days from the date of receipt of first information as well as the charge-sheet along with all relevant documents, after completion of investigation, as required under section 158(6) of the motor vehicles act, 1988, have failed miserably in their duty to comply with the statutory provisions.4. in this case, according to the claimant, on 10.5.1998 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-15-2003
Reported in : 2005(2)ALD406; [2006]133CompCas848(AP); [2005]61SCL219(AP)
..... observed that expression 'suit for recovery of money' would not include the proceedings pending before the court under sections 14 and 17 of the arbitration act. sub-section (3) of section 22 empowers the board to declare with respect to the sick industrial company concerned that the operation of all or any of the contracts, assurances ..... industrial and investment corporation of up., 2003 air scw 1358, after considering the amendment effected to section 22 of the sica by act 12/94 and distinguishing between expression 'proceedings' and 'suit' held that the word 'suit' in section 22(1) of the sica does not mean anything other than some form of curial process. ..... however that the total period shall not exceed seven years in the aggregate.(4) any declaration made under sub-section (3) with respect to a sick industrial company shall have effect notwithstanding anything contained in the companies act, 1956 (1 to 1956), or any other law, the memorandum and articles of association of the company .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-08-2003
Reported in : 2003(2)ALT246
..... issue summons to sri n. venkataratnam who gave reply notice containing defamatory statements and the court rejected that petition. in revision, this court held that-'section 126 of the evidence act prohibits a pleader from disclosing any communication made to him in the course of and for the purpose of his employment as such pleader. disclosure ..... the sole surviving attestor to the will, so as to examine him as a witness in court is perfectly justified and that the prohibition contemplated under section 126 of the evidence act has, therefore, no application to the case on hand. in support of his contention, learned counsel relied upon the judgments in pratti rajamma alias rayalamma ..... advocate of the 2nd defendant, for the purpose of examining him on behalf of the plaintiff, as it is totally contrary to the spirit of section 126 of the evidence act which prohibits summoning of an advocate. it is contended that even though the said ramachandraiah has given up vakalat on 7-12-2001, he cannot .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-08-2003
Reported in : 2004(1)ALT491
..... respective pleadings before the court of first instance, the following issues and additional issue had been framed:issues:1. whether the notice issued under section 106 of the transfer of property act is not valid?2. whether the plaintiff is entitled to eviction and vacant possession of the plaint schedule property?3. whether the plaintiff is ..... had filed a petition before the court seeking permission to deposit the monthly rents from june 1996. the notice issued by the plaintiff under section 106 of the transfer of property act is on false and concocted grounds. the notice of termination is bad, defective and not maintainable in law. the plaintiff has not complied with ..... plaintiff. further, the defendant had not paid the monthly rents from 1-1-1994 till april 1994. the plaintiff issued a legal notice under section 106 of the transfer of property act terminating the monthly tenancy of the defendant in the suit schedule premises (ground floor) with effect from 10-12-1994, calling upon him to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-11-2003
Reported in : 2003(6)ALD5; 2003(5)ALT340
..... a party. in salar jung museum vs . atiya talat, : 2000(6)ald70 while dealing with order 3 rules 1 and 2 of the code of civil procedure and section 118 of the evidence act 1872 it was held that a general power of attorney of a party can be allowed to give evidence as a witness on behalf of the said party ..... case not as gpa but as a person having personal knowledge and order 3 rules 1 and 2 of cpc are not concerned with examination of witnesses and section 118 of the indian evidence act 1872 is the relevant provision and a power of attorney can appear as a witness in his personal capacity though not in his capacity as a power ..... of her in apsec no. 4 of 1996 will result in great injustice to the second respondent. in this context, it is also relevant to refer to section 118 of the indian evidence act which reads that 'all persons shall be competent to testify unless the court considers that they are prevented from understanding the questions put to them or giving rational .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-01-2003
Reported in : II(2004)ACC709; 2005ACJ1280; AIR2004AP228; 2003(6)ALD40
..... on the date of the accident, she cannot be treated as the dependant, and therefore, she is not entitled for any compensation.2. section 123 clause (b) of the railways act, 1989 (for short 'the act') defines the dependant, and it reads as follows:'dependant' means any of the following relatives of a deceased passenger, namely:--(i) the ..... be treated as the dependant. in charubala saha v. eastern railway administration, : air1988cal327 , a division bench of calcutta high court held that under section 2(d) of the workmen's compensation act, 1923, the dependants means 'dependants at the time of the death of the deceased workman' and the applicant claiming compensation must show that he ..... is also not going to help the appellant, since the father is not included under the definition of dependants under section 123 clause (b) sub-clause (i) of the act. the definition covered by section 123 of the act was not brought to the notice of the above high courts as to who are the dependants of the deceased .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-10-2003
Reported in : I(2004)ACC685; 2004(1)ALD372; 2004(1)ALT476; [2004(101)FLR77]; (2004)ILLJ973AP
..... paying the compensation to village electrical workers in case of accidents, and holding that the appellant squarely falls within the definition of 'employer' as contemplated under section 2(e) of the act. no doubt, for the purpose of deciding as to the incidents of service, this court has taken a view that there is no master and servant ..... purposes of the employer's trade or business) who is- (i) a railway servant as defined in (clause (34) of section 2 of the railways act, 1989 (24 of 1989)), not permanently employed in any administrative, district or sub-divisional office of a railway and not employed in any such capacity as is ..... has entered into a contract of service or apprenticeship, means such other person while the workman is working for him;the definition 'workman' is defined under section 2(n) of the act, reads as follows:'workman' means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-04-2003
Reported in : 2004(1)ALD546
..... therefore find any infirmity in the impugned order. if the petitioner is so advised, she has effective remedy under sub-section (3) of section 126 of the electricity act, 2003 by filing objections before the assessing authority who shall thereafter afford a reasonable opportunity and pass final orders.11. in view of the same ..... sri j. siddaiah submits that the impugned assessment notice is not in accordance with law. he specially invites the attention of this court to section 126 of the electricity act, 2003 ('the act' for brevity). he contends that even if the allegations of pilferage are true, the 1st respondent can only assess the value of pilfered energy ..... that the petitioner should pay half of the amount to seek restoration of power supply is conspicuous by its absence. presumably the respondents are aware of section 126 in the new act and they did not follow, rightly so, condition no. 39.6 of the revised terms and conditions of supply of electricity. i do not .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-19-2003
Reported in : AIR2004AP160; 2004(1)ALD569
..... rest of the relevant pargraphs. hence, the provisions thereof, are not attracted to case on hand.28. i, therefore, record my finding, to the effect, that section 25 of the said act, is not at all a statutory bar for the wife, to inherit, or, succeed, inter alia, to the monies due to the deceased-husband along with all ..... .1 (wife), and her documentary evidence, covered by exs.a1 to a7, is rejected, in toto, for a moment, still, i am of the opinion, that section 25 of hindu succession act, 1956, cannot and will not operate as a statutory bar, for the wife to inherit, or, apply for succession certificate, inter alia, in respect of the monies ..... . narayana reddy, j.1. this judgment according to law arises out of a civil miscellaneous appeal filed by the sole appellant, against respondents-1 and 2, under section 384 of the indian succession act, 1925 questioning the, validity and legality of certain parts of the adjudications made by, and set forth in para 2, infra.2. orders dated 5.6.2000 .....
Tag this Judgment!