Court : Andhra Pradesh
Decided on : Jul-18-2003
Reported in : 2003(6)ALD68; 2003(5)ALT136
..... is hardly any scope to infer that possession was taken. further advance possession is permissibly only after invoicing the provisions under section 17(4) of the act and thereafter followed by section 9 of the act. in the present case no such positive indication is available in this regard.18. therefore, in my considered view since ..... proceedings for recovery of the same from the persons found responsible. this exercise shall be completed within six months from the date of notification issued under section 48 of the act, if issued;(c) in case, it is decided to proceed with the acquisition, the appellant shall proceed with the award enquiry and complete the ..... as to whether they still intend to withdraw the land acquisition proceedings;(b) in case, it is decided that the proceedings be withdrawn and notification under section 48 of the act is issued, the secretary, municipal administration, government of a.p. shall take steps to identify the persons responsible for making the state to incur .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-10-2003
Reported in : 2004(1)ALD400; 2004(3)ALT765
..... once and for all and such rejection made finally became irresolutely binding and rendered impossible the performance of the contract resulting in frustration as envisaged under section 56 of the contract act, the relief cannot be refused for the mere pointing out of some obstacles. since the agreement to sell, in this case relates to an ..... -500003dated: 8-8-1980tos/sri s.a. razacks.a. rahman,mahnmooda begum, sharafunisa begum.3-9-47, syed jalal garden, marredpally,secunderabadsub: notice under section 26 of ulc act-76ref: your letter dated 30-7-1980out of your prescribed ceiling limit of 1000 sq.mts. your individual share of urban properties including built up area/vacant ..... houses and open land. after verification the competent authority included an extent of 2253 sq.mts. occupied by the residential houses, issued final statement under section 9 of the act ,the extent of vacant land that can be retained by each member of the family by proceedings dated 13-4-1997 separately for each member of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-19-2003
Reported in : 2004(3)ALD168; 2004(1)ALT450; I(2004)DMC467
..... is of no consequence since the legal status of the plaintiff is in no way changed, affected or altered by the said fact. in view of section 5(1) of the act, read with section 11 of the act, it is clear that when the first wife was living, the deceased penchalaiah married the 3rd defendant, who is the second wife, and hence the ..... should not be treated as void because such a marriage was earlier recognized in law and custom cannot be ccepted. by reason of the overriding effect of the act as mentioned in section 4, no aid can be taken of the earlier hindu law or any custom or usage as a part of that law inconsistent with any provision of the ..... second wife and the children of penchalaiah through the second wife, had advanced elaborate arguments drawing the attention of this court to the scope, object and ambit of section 16 of the act and also had contended that in the light of the said provision it is clear that the children of the deceased penchalaiah are entitled to their respective shares. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-08-2003
Reported in : 2004(1)ALD(Cri)406; IV(2004)BC391; 2004CriLJ2171
..... can a firm sue and be sued in its name. firm is not and cannot be different from its partners, as can be seen from section 4 of partnership act. as per section 12 of partnership act, subject to contract between the partners every partner has a right to take part in the conduct of the business and is bound to attend ..... who did not take part in the transaction resulting in the issuance of the dishonoured cheque are sought to be made liable for an offence under section 138 of the act, in view of section 141 of the act it is necessary to detail, in the complaint, the part played by them in the transaction. but, in the case of partnership, since ..... without his knowledge, or establishes that he exercised all due diligence to prevent the commission of such offence, he would not be liable for punishment. as per section 141(2) of the act, director, manager, secretary or other officer who connives with and due to whose neglect the offence is committed, would also be liable for punishment along with the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-16-2003
Reported in : 2003(2)ALD(Cri)91; 2003(2)ALT(Cri)253; II(2004)DMC49
..... before the court under oath or affirmation. only then, the 'statements' become 'evidence'. when such is the position, the word 'statement' as referred to in section 7 of the act means and includes statement of a witness given in a court of law under oath or affirmation. as a corollary, the word 'statement' includes evidence of a ..... or requires to be made before it by witnesses. if a person gives statement before the court, necessarily oath or affirmation has to be administered under section 4 of the oaths act. of course, it has got its own exceptions, namely in the case of a child witness below 12 years oath or affirmation need not be administered ..... may be allowed. on the other hand, the learned additional public prosecutor contended that concurrent findings of the courts below cannot be interfered with, that under section 7(3) of the act, the 'statement' includes the evidence given by the witnesses and if they are arrayed as accused, they have to give evidence against themselves which is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-22-2003
Reported in : 2003(5)ALD787
..... of cancellation was upheld by the second respondent through his orders dated 17.1.2003. the fourth respondent availed the remedy of further appeal under section 63(2) of the act. the petitioner herein participated in various proceedings and resisted grant of any relief to the fourth respondent. he filed objections before the first respondent ..... in that behalf and this provision does not empower a second appellate authority to exercise the power of compounding. he further submits that even under section 47 of the act, compounding is permissible only at a stage prior to cancellation of the licence and not thereafter.9. the learned government pleader for excise and sri ..... , alleging that he has resorted to selling the liquor in retail, contrary to the conditions of licence. the fourth respondent preferred a revision under section 64 of the act to the government against the show-cause notice and obtained interim orders therein. the petitioner, being a rival trader, got himself impleaded in the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-05-2003
Reported in : 2003(5)ALD709; 2004(1)ALT153; [2004]51SCL164(AP)
..... rules known as the a.p. industries facilitation council (arbitration rules) 1999, hereinafter referred to as the rules in exercise of the power conferred under section 7b of the act. they contend that the rules enable the authority constituted thereunder, to deal with the claims of such of the small scale industries which are registered within ..... in the state where such claim is raised.9. for this purpose, it is necessary to refer to the definition of 'supplier' contained in section 2(f) of the act. it reads as under:'supplier' means an ancillary industrial undertaking or a small scale industrial undertaking holding a permanent registration certificate issued by the directorate ..... and commerce (ssi) department, dated 11.10.1999. the petitioner submitted its claim to the agency created under the rules. the claim was refused to be acted upon on the ground that the petitioner is a unit registered in the state of haryana and not in the state of andhra pradesh. therefore, it becomes necessary .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-18-2003
Reported in : 2003(2)ALD221; 2003(2)ALT470; (2003)IILLJ857AP
..... apprehended industrial dispute that could be referred to an industrial tribunal for adjudication, warranting exercise of power by the government of india under section 10 of the act.64. consequent on the above analysis the order of the 1st respondent dated 2.5.2001 referring the specified dispute for adjudication to the ..... development cases (supra) and having regard to the fact that an exhaustive package of regulations regarding retrenchment of workmen have been enacted in section 25-n of the act, the conclusion is irresistible that discharge or termination of workmen consequent on a bona fide and valid closure of an undertaking to which ..... , the supreme court ruled that discharge of workmen other than for being surplus would also amount to retrenchment within the meaning of the act attracting the requirements of section 25-f of the act.41. in a batch of civil appeals including punjab land development and reclamation corporation ltd., chandigarh v. presiding officer, labour court, chandigarh .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-18-2003
Reported in : AIR2004AP60; 2003(3)ALD762
..... other person notified by the state government in that behalf. the government of andhra pradesh in exercise of its powers under sub-section (1) of section 27b of the indian electricity act, 1910 (act no. 9 of 1910) the governor of andhra pradesh notified that the transmission corporation of andhra pradesh limited as a state transmission ..... publication of the regulations in the official gazette does not arise.365. though section 57a of the supply act was repealed under section 56(3) of the act, by virtue of the proviso to section 26(2) of the act, section 57 of the supply act with its schedule (i.e.,) sixth schedule prescribing the financial principles and their ..... the electrical energy produced by the generating company to its consumers, by the licensee do not fall under section 26 of the act. section 22(1)(a) and (b) of the electricity regulatory commission act (central act) makes a clear distinction between the determination and collection of tariff for the supply of electricity and the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-03-2003
Reported in : 2003(6)ALD383; 2003(5)ALT679; (2004)ILLJ364AP
..... includes a commercial establishment and such other establishment as the government may, by notification, declare to be an establishment for the purposes of this act.33. section 47 of the shops act deals with conditions for terminating the services of an employee, payment of service compensation for termination, retirement, resignation, disablement, etc., and ..... payment of subsistence allowance for the period of suspension.34. section 48 of the shops act deals with the appointment of authority to hear and decide appeals arising out of termination of services. we are not concerned with the rest ..... termination of the service of an employee in an establishment/shop, answering the description of those terms, as defined in sub-sections (10) and (21) of section 2 of the shops act? whether an employee in an establishment/shop was not entitled to raise an industrial dispute not sponsored by a union or .....
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