Court : Andhra Pradesh
Reported in : AIR1959AP596
..... 572 the innocent have to suffer for the guilty.' 16. this decision, it seem? to me. really rests not upon any principle nor upon the provisions of section 65 of the contract act but upon two circumstances--(1) the fact that the plaintiff was a religious society, and (2) the fact that mr. c.a. vaidyalingam for the respondents ..... defendant's indebtedness for the sum mentioned in it and that a decree might be passed for recovering that debt.but having regard to illustration (c) to section 65 of the contract act. i do not feel myself strong enough to dissent from my learned brother's decision on this point. in that illustration, though a wilfully absented herself ..... the present case could not be allowed to recover any portion of the sum obtained from them by the defendant under that same contract by taking advantage of section 65 of the contract act after their fraud was detected. in other words, the plaintiffs could not say 'you have discovered our forgery. all right. treat the deed of contract .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP178
..... part of the defendant to make it appear that the condition contemplated under 'proper terms' as comprising not only such guarantees as are contemplated under section 55 of the transfer of property act but the providing of defences to defects in regard to title by subsequent happenings or the furnishing of security to ally in imagined afflictions are ..... nothing further had happened in this case, still we are firmly of the opinion that the plaintiff could have availed himself of the rights available under section 59 of the indian contract act, as in this case clearly there has been a refusal on the part of the defendant to perform his part of the contract which consisted ..... 289: (air 1915 pc 83) has succinctly dealt with the position of equity and law in dealing with section 55 of the indian contract act as follows: 'the law applicable to the point is contained in section 55 of the indian contract act, 1872, which provides that - 'when a party to a contract promises to do a certain thing at .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1959)ILLJ556AP
..... pradesh1958-ii l.l.j. 252. it follows that the petitioner is not an employer who is under an obligation to maintain registers and records as contemplated by section 18(1) of the act.5. at the same time i must say that the evidence adduced by the petitioner in support of his plea that he had given the work to contractors ..... at by the lower court.6. on the finding recorded by the lower court, however, the petitioner would not be guilty of an offence under section 18(1), read with section 22(2) of the minimum wages act. in this view all these revision cases are allowed. the convictions and sentences are set aside and the fines, if paid, will be refunded to ..... in all these three revision cases arising out of three calendar cases and in each of them he has been convicted of an offence under section 18(1), read with section 22(2) of the minimum wages act, 1948, and rules 21(4) and 22(2) of the minimum wages (central) rules, 1950, and in each of the cases he has been sentenced .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP432
..... reply of the petitioner, he did not hold any enquiry or frame charges against the petitioner, nor did he make a report to the high court under section 14 of the act. instead, without hearing the petitioner, without holding an enquiry, without giving an opportunity to the petitioner to present his case either in person or by pleader ..... also imposing a fine of rs. 150/-on him on a charge of the petitioner having practised without taking out a certificate under section 7 of the legal practitioners act (hereinafter referred to as the act.) 2. the petitioner was practising as 3 third grade pleader in the hyderabad state under the old regulation that was in force ..... reasonable cause.'' 7. assuming for the sake of further consideration or this case that the present matter is covered by section 13, then the procedure for dealing with such cases is prescribed in section 14 of the act which runs as follows :-- 'if any such pleader or mukhtar practising in any subordinate court or in any revenue office .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP180
..... deem him to be performing some services under the contract.in our view, a contract of service most, in order to come within the mischief of section 7(d) of the act, specifically have as its object the performance of a service. in other words, it means a contract directly for the performance of services or ancillary to ..... a service for the government.in this view he submits that the contract for picking the beedi-leaves is one which comes within the definition of section 7(d) of the act and if so the fact that there were still some amounts due from the contractor to the government together with the fact that no certificate ..... further question raised before it, whether the corrupt practice alleged fell within the mischief of section 123(7) of the act.learned advocate raised similar contentimes before us. section 123 of the act enumerates cer-tain corrupt practices for the purposes of the act and sub-section (7) specifies as a corrupt practice the obtaining or procuring or abetting or attempting .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP387; 1959CriLJ947
..... of the articles cannot be believed because they were not put forth for identification. in this connection, the learned counsel also relied on section 9 evidence act and contended that this section governs both the identification of person and property. we do not agree with the contention of the learned counsel that the identification of articles ..... air1955ap161 it is contended that if the inspector knew beforehand what the accused was going to say before the discovery was made, it would be hit by section 37, evidence act. wo agree with the proposition that if the evidence on record shows that the discovery of the articles was not the result of the information furnished by ..... . the difference in weight is immaterial. it may be that the complainants may not have known tile exact weight and may have approximately stated so. relying on section 27 evidence act and public prosecutor v. subba reddi, air 1939 mad 15 dasu ram v. state, air 1932 raj 20 and in re: gopisetti chinna vcnkata suhbiah, ( .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP497
..... ; as such the government ought to have ordered another enquiry before the charges could be held proved against him. his contention is that even under section 2 of the public servants (inquiries) act xxxvii of 1850, it is the government that has got to conduct the enquiry against a public servant who is not, removable from service without ..... or to reduce him in rank, as the case may be, shall be final.' it may be stated that prior to the constitution of india, section 241 of the government of india act, 1935 vested in the provincial government, power to prescribe conditions of service of person serving his majesty in a civil capacity in connection with the ..... the sanction of the government.but this argument ignores the provisions of section 3 which says that the enquiry may be committed either to the court, board .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP429
..... granted by the road transport authority, varying or altering the conditions can be done by the road transport authority alone under section 48 of the motor vehicles act. (iii) under section 48-a of the same act, the s.t.a has got the power to vary the conditions subject to the proviso of no change to be ..... carriage permit as prescribed conditions. rule 134-a (ii) authorises delegation of power to regulate timings of state carriages under section 48(c) and also to attach conditions under section 48(d) of the act. then section 48-a which is not repealed and was enacted by the state legislature provides that any conditions attached to a stage ..... for the delegation of such powers to the secretary who is competent to change the timings. (2) section 48-a of motor vehicles act relates to the variation of the conditions covered by section 48(d) of the aforesaid act and as provisions concerning additional trips consequent on changes in times do not constitute variation of conditions of permits .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP476; 2009(1)ALT471
..... v. regional transport authority writ petition no. 277 of 1957 (andh-pra), i have reached the conclusion, after an examination of the material provisions of the act, that, as mentioned in section 48 (d) (ii-a) 'the stage carriage or stage carriages shall be used only on specified routes in a specified area', is a condition of the ..... for the variation of the route in respect of two buses was approved. thereafter, the secretary of the regional transport authority published a notification under section 57(2) of the motor vehicles act on 10-6-1958, calling for applications on or before 30-6-1958 for the grant of the variation of the route in respect of ..... s objections, accepted the proposal for the variation of the route. the variation was subsequent to the coming into force of the motor vehicles (amendment) act 100 of 1956 which contains a specified provision section 48 (3) (xxi), in this behalf namely that the regional transport authority may, after giving notice of not less than one month, (a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP477; 1959CriLJ1045
..... an advocate engaged by the complainant, when desired by the public prosecutor to address the magistrate for the prosecution, is entitled to do so.that word 'act' in the end of section 493, criminal procedure code does not mean something other than examining or cross-examining witnesses or addressing the court and is not used in any technical sense in distinction ..... 1st accused who produced it under ex. p. 22, on 10-6-1958 accused 12 produced the axe under ex. p-33 furnishing information admissible under section 27 of the indian evidence act.17. the leaders of the accused's party, as already stated, gopal reddi and naraimha reddi are absconding and not available to he tried and hence ..... unable to carry on his functions, it would be his plain duty to obtain the necessary orders of the district magistrate under section 492 (2), criminal p. c., to appoint a suitable person to act as public prosecutor for the purpose of the case in question.we would like to make it very clear that it is extremely .....
Tag this Judgment!