Court : Andhra Pradesh
Reported in : (1959)IILLJ706AP
..... directly attributable to his neglect or default; * * *(h) deductions required to be made by order of a court or other authority competent to make such order.section 15 of the act provides for a special tribunal which is to decide claims arising out of deduction or delay in payment of wages and penalty for malicious or vexatious claims. appeal ..... to refer to the definition of 'wages' as it stood at the time when the amount was deducted from the deposit furnished by the respondent. section 2(vi) of the payment of wages act then defined wages to mean:all remuneration capable of being expressed in money, which would be payable if the terms of the contract of employment ..... had furnished according to the financial rules at the time of his being appointed a clerk. on 31 october 1955 the respondent filed an application under section 15(2) of the payment of wages act (iv of 1936) before the additional commissioner who on 12 july 1956 held the deduction not to be proper and allowed the application.2. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP147; (1960)ILLJ55AP
..... have already stated has not been controverted, what is done upon the premises of the petitioner would certainly amount to manufacturing process within the meaning of section 2(k)(i) of the act. the regional inspector says,'the ghee from the melting pot is sampled and analysed chemically. the same which analyses less than 1 1/2 per ..... working on any day of the preceding 12 months, and (2) that a manufacturing process is being carried on. manufacturing process for the purpose of the act has been defined in clause (k) of section 2, sub-clause (i) whereof is relevant to the facts of this case.according to that 'manufacturing process' means any process for (i) making ..... , tending towards the building up of a socialist pattern of society, has placed, in 1948 when it amended the definition.before independence section 2(g)(i) of the facto-ries. act xxv of 1934, which was repealed by the act, did not contain sub-clause (iv) and (v) and the words 'oiling, washing, cleaning, breaking up, demo-lishing', .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP259
..... of paragraph s of the orders of dismissal in these cases. the police standing orders are framed by the inspector general of police under section 9 of the madras district police act (1859). section 9 reads as follows :'the inspector general may, from time to time subject to the approval of the state government frame such orders ..... of police, and the constables were dismissed on 30-10-1953 by the district superintendent of police, as they were convicted of offences involving moral turpitude under sections 331, 348, etc. of the indian penal code and were awarded various terms of imprisonment.they filed appeals against their convictions and sentences in the high court ..... . that section recites :'subject to the provisions of article 311 of the constitution and to such rules as the state government may, from time to time make under this act, the inspector general, the deputy inspectors-general and district superintendent of police may at any time dismiss, suspend or reduce to a lower post, or .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1960CriLJ565
..... of paragraph 3 of the orders of dismissal in these cases. the police standing orders are framed by the inspector general of police under section 9 of the madras district police act (1859). section 9 reads as follows :the inspector general may, from time to time subject to the approval of the state government frame such orders and ..... of clarification, government issued another order on 2-6-1954, which is in the following words .in exercise of the powers conferred by section 401 of the code of criminal procedure, 1898, (central act v of 1898) the governor of andhra hereby limits the unexpired portion of the sentences passed on die prisoners mentioned in the annexure to ..... . that section recites :subject to the provisions of article 311 of the constitution and to such rules as the state government may, from time to time make under this act, the inspector general, the deputy inspectors-general and district superintendents of police may at any time dismiss, suspend or reduce to a lower post, or .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP123; [1960]30CompCas437(AP)
..... would not question the validity of the certificate, even assuming that the conditions of registration were not fulfilled.32. the same concept underlies section 35 of the indian companies act. this section gives legislative recognition to the dicta of the judicial committee in ilr 40 cal 1 extending the conclusiveness of the certificate to matters precedent ..... policy, no recognition could be given to it by the registrar. the admissibility of this argument depends upon the interpretation to be put upon section 12 of the indian companies act.26. section 12, so far as is relevant for this enquiry, runs thus:(1) any seven or more persons or where the company to be ..... which received the assent of the president in december, 1955, to have better conditions of service established for those working in the newspaper industry. section 8 of the act authorised the central government to constitute a wage board for fixing the rates of wages in respect of working journalists.4. in exercise of that power .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP353
..... or successors in lieu of payment of maintenance, is subject to attachment and could vest in the official receiver, having regard to the provisions of section 28(5) of the provincial insolvency act read with section 60(1), (n) of the code of civil procedure.the mere fact that future maintenance accrues by lapse of time, and becomes, as ..... was given to her as her residence did not vest in the official receiver, as it is an exempted item under section 28, clause 5 of the provincial insolvency act, read with section 60 c. p. c. as the property was given to the insolvent in lieu of maintenance. this decision was confirmed on appeal ..... , which dismissed the application, filed by the appellant herein, claiming to set aside the relinquishment deed executed by the insolvent in the case under section 53 of the provincial insolvency act.2. the learned subordinate judge took the view that the property covered by the relinquishment deed as well as the portion of the family house which .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP391
..... commenced, there is no scope for an inquiry and that, a sessions judge has no power to interfere in cases of discharge under section 251-a (2) is well founded. if a sessions judge acting under section 435 finds in such cases that a trial should be conducted on charges in respect of which there was a discharge, the only ..... whether the conception of a 'trial' without a judicial inquiry would be repugnant to the natural and ordinary meaning of the word. no doubt under section 2(7). of the bankers' books evidence act xviii of 1891, a 'trial' means 'any hearing before the court at which evidence is taken.' but this meaning is for the purpose of ..... -a, the magistrate is not required to take evidence and consider the same before discharging the accused under sub-section (2). the object of the amendment of the criminal procedure codes by act 26 of 1955, which introduced section 251-a, was to secure a speedy trial of offences without any avoidable delay: hanumantha rao v. state of andhra pradesh, : .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP234
..... mcculloch v. state of maryland, (1857) 4 law ed. 579 are not of much avail to the petitioner.24. in the first of them section 3 of the indian stamp act (act i of 1899) which enacted that the instruments mentioned in schedule i should be chargeable with duty of the amount indicated in the schedule as the ..... pay the rentals, the tree tax, remuneration to the tappers and the transport charges and who appropriate the realisations to themselves. the various sections of the abkari act or the land revenue act to which our attention was drawn do not either individually or cumulatively establish the proposition that ownership in the goods is in the government. ..... any discrimination between one article and another. it follows that the government was quite within their jurisdiction to issue instructions requiring the corporation to conform to section 252 of the act.65. it was lastly complained that while octroi duty is imposed on the basis of the cost price of the other commodities, a different basis .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP364
..... nature of things, there could be no reference, for the reason that the andhra high court was formed long after. be that as it may, section 32 of the andhra state act (act xxx of 1953) has made the law in force in regard to practice and procedure in the high court of madras immediately before the creation of ..... high court of andhra. the law of limitation is surely a procedural law and, consequently, it comes within the ambit of section 32 of the andhra state act. it is argued by shri manavala choudary that section 32 would be relevant only in regard to procedure and practice that had originated from the rules framed by the madras high ..... the andhra high court applicable mutatis mutandis to the high court of andhra. section 55 of the andhra state act reads :'notwithstanding that no provision or insufficient provision has been made under section 54 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP324
..... the decree but which states that the decree cannot be executed under certain conditions or it can be executed only in part.such an agreement is not affected by section 92, evidence act, as it does not amount to a modification, alternation or variation of the decree. in kakuramji v. bapiraju, 1956 andh lt 357: ((s) air 1957 ..... which stands on no higher footing than a written agreement with the seal of the court affixed thereto. if so, it is hit by the provisions of section 92 of the evidence act.4. learned advocate for the respondents, shri venkatarama sastri, contends inter alia that (a) acompromise decree is not different from an ordinary decree; as such ..... and existence of the oral pre-decretal agreement. his only contention is that such an agreement, being an oral one having regard to the provisions of section 92 of the evidence act, is not admissible, inasmuch as under the agreement the decree-holder has first to execute against defendants 1 and 3 and then only against defendants 2 .....
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