Court : Andhra Pradesh
Decided on : Feb-17-1989
Reported in : 1990ACJ668; AIR1989AP235
..... same proceedings......againstthe secretary of state in council of india as they could have done against the said company.....'. this concept was reiterated insub-section (2) of section 32 of the government of india act, 1915, which declared 'every person shall have the same remedies against the secretary of stale in council as he might have had ..... to the addl. district& sessions judge, kurnool, that only two constables were guarding the jail that night. he opined : 'i am inclined to think that the alleged explosion in cell no. 7 took (place) for want of adequate vigilance on the purl of the police personnel.....'. his notes ofinspect ion appended to ex.a-9 show that ..... this constitution...... '6. (1) for the removal of doubts it is hereby declared that if any person alleges that any of the provisions of the foregoing sections or section of this constitution, has been, is being.or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-21-1989
Reported in : (1995)IIILLJ740AP
..... 7. we shall not proceed to consider the various contentions. the learned counsel for the respondents, viz., the contract labour, relied on certain provisions of the act. in section 2(b) it is mentioned that a workman shall be deemed to be employed as 'contract labour' in or in connection with the work of an establishment ..... are contract labour working as hamalis 'muccaddams' in the area stores of the company and the nature of work is to load and unload store material like explosives, cement, timber, iron, etc., and all the petitioners were given training by the respondent-company for certain period and though the petitioners are working under the ..... entitled to be absorbed- reliance is placed on catering cleaners of southern railway v. union of india, 1987 (1) llj 345. in that case. section 10 of the act came up for consideration. the workers concerned there were employed through contractor in the catering department of the railway. they styling themselves as catering cleaners of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-21-1989
Reported in : 1990CriLJ2743
..... filed a charge-sheet against the petitioners and some others for offences punishable under sections 147, 148, 307 read with section 149, i.p.c. and also under sections 3, 5 and 6 of the explosive substances act and under sections 3 and 27 of the indian arms act. it is alleged in the charge-sheet that during the elections of municipal corporation ..... p.c. as well as under the provisions of tada. in the second case the offence is punishable under i.p.c., under the provisions of explosive substances act and indian arms act and also under the provisions of tada. therefore, if any magistrate takes cognizance on the basis of such charge-sheet or police report, he gets ..... is how this application is before us. 3. sri kolanda reddy, learned counsel for the petitioners, submits that tada is more or less a self-contained act and under section 14 the designated court alone has got jurisdiction to take cognizance of the case and in the instant case, though the learned additional sessions judge is also .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-18-1989
Reported in : (1993)IIILLJ417AP
..... while he was the manager (pesticides) or subsequently.7. before me, the stand of the respondent is sought to be justified under section 4(6) of the act. sub-section (6) of section 4(6) incorporates two situations in which the amount of gratuity can be forfeited either wholly or to the extent of the loss caused ..... cannot be issued. 4. the only question that requires consideration is whether the respondent is justified in withholding the gratuity under sub-section (6) of section 4 of the act.5. the payment of gratuity act, 1972, is a beneficial legislation enacted with a view to provide payment of gratuity to employees engaged in factories, mines, oil-fields ..... of the respondent. now we may notice briefly the relevant provisions of the act. section 3 of the act provides for the appointment of a controlling authority for the administration of the act. section 4 is the mainstay of the act. it contains six sub-sections. sub-section (1) provides that gratuity shall be payable to an employee on the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-24-1989
Reported in : [1989]176ITR334(AP)
..... the case before the supreme court are distinguishable from the facts of the present case. thereupon, the revenue applied for and obtained this reference. 4. section 64 of the income-tax act, 1961, provides for inclusion of the income of spouse or minor child in the income of the assessee in certain circumstances. in this case, we ..... the question was whether the interest allowed on the accumulated profits was assessable in the hands of the senior partner (husband/father) under section 16(3)(a)(i) and (ii) of the indian income-tax act, 1922. it was held that the interest accrued to the wife and the minor sons at least indirectly because of their capacity ..... , hyderabad, has stated the following questions for our opinion under section 256(1) of the income-tax act : 'whether, on the facts and in the circumstances of the case, the interest amounts received by the minors, master sanjay kumar and master manoj kumar, are not includible under section 64(1)(iii) in the income of the assessee, sri .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-24-1989
Reported in : [1989]75STC300(AP)
..... when the matter came to this court, it was held that the words 'on behalf of any principal' occurring in the definition of dealer in section 2(1)(e)(iv) of the act indicate that the agent is a dealer in respect of each of the principals and that he is deemed to be as many dealers as there ..... after this decision, the legislature again stepped in and enacted the andhra pradesh general sales tax (amendment) act, 1970. by virtue of this amendment act, the original section 11 as it stood on 1st august, 1963, was revived. second proviso was added to section 5(1). the assessments already made were validated. this amendment was again questioned in this court. the ..... and amended the definition of 'dealer'. in the definition of 'dealer' in sub-clause (iv) of clause (e) of section 2, in the place of the word 'principal' the words 'principal or principals' were substituted by act 5 of 1968. the learned government pleader contended that the said amendment was brought in expressly with a view to get over .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-25-1989
Reported in : I(1991)ACC168
..... insurance covering the liability, the insurer is liable to honour the contract unless the insured has contravened any of the conditions enumerated in sub-section (2) (b) of section 96 of the act. section 94 of the act provides that no person shall use except as a passenger or cause or allow any other person to use the motor vehicle in a ..... travelling in the vehicle, tractor-cum-trailer is covered under the third party risk under section 95 read with section 96 of the act. it is one thing, to say, as rightly contended by sri somayajulu, that after the tractor-cum-trailer is used as a stage carriage for ..... that person or that other person, as the case may be, a policy of insurance complying with requirements of chapter viii. third party risks are included in section 94 of the act. the immediate question, therefore, that emerges is whether the death of a person who was working as a coolie for loading and unloading of the sand, while .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-30-1989
Reported in : I(1990)ACC643; 1990ACJ928
..... well as by the learned judges of the karnataka and rajasthan high courts.22. the limits on the quantum of compensation are contained in sub-section (2) of section 95 of the act. this sub-section imposes minimum limit of the liability. it is open to the insurer to insure for such higher amounts as the parties may agree on payment ..... and includes a motor cab, contract carriage and stage carriage. the proviso to sub-section (1) of section 95 excepts from the act policy: (1) coverage of the liability in respect of the death or bodily injury sustained by an employee, arising out of and in the course of ..... in a public place. in this case insurant's liability against death of or bodily injury to passengers of a public service vehicle is covered. in sub-section (25) of section 2 of the act, the expression 'public service vehicle' is defined as any other vehicle used or adapted to be used for the carriage of passengers for hire or reward, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-30-1989
Reported in : 1990ACJ539
..... each of the widows towards consortium has not been challenged. accordingly it is confirmed.2. the contention of mr. mangachary is that section 95 (2) of the motor vehicles act (act 4 of 1939), for short 'the act', provides limits of the policy and the liability of the insurance company. under clause (a) thereof, where the vehicle is a ..... , there arises no liability. this contention did not find favour with the tribunal below and was negatived. it is undoubted that clause (a) of sub-section (2) of section 95 provides the entitlement to carry persons not exceeding six in number excluding the driver and the cleaner. the vehicle admittedly carried more than six persons for ..... bodily injury to the victims. the question, therefore, is what is the compensation to which the appellants are entitled? the defence taken in the tribunal below is that section 95 (2) (a) provides only for carriage of passengers upto six in number and if any passenger, carried in excess thereof, the insurance company is not .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-30-1989
Reported in : (1994)IIILLJ124AP
ORDERJagannadha Rao, J.1. The petitioner is an employee on daily wages, and in connection with certain conduct, the Corporation decided to take disciplinary action. They issued a charge memo on 24.12.1988. Simultaneously they passed the impugned order dated 24.12.1988 which reads as follows:-'Pending disciplinary action Sri M. Gnanendra, E.503782, casual Conductor of Giddalur depot who was involved in Cash and ticket irregularities case on 19.12.1988 and has been placed under 'Depot Spare', is hereby kept under Put-Off duty with immediate effect'.The learned counsel for the petitioner submits that there is no provision in any of the rules made by the Corporation permitting them to keep the petitioner on Put-Off duty.2. The learned counsel also referred to certain A.P. Industrial Standing Orders and Rules but failed to bring to my notice any particular rules which prohibits the passing of an order like the one impugned in this case.3. The submission of the learned counsel that there is ...
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