Court : Andhra Pradesh
Decided on : Mar-09-1989
Reported in : I(1991)ACC144
..... no attempt was made by the respondent-claimants to have the policy filed in the court below. therefore, by operation of the provisions of section 95 of the motor vehicles act, 4 of 1939 (for short 'the act'), the liability of the appellant should be limited to rs. 50, 000/-. the court below has committed grievous error in awarding a sum ..... of the allahabad high court speaking through h.n. seth, j., has held:.the tribunal, while determining the amount payable under section 110-b can, in view of the provision contained in section 95(2) of the act, presume that the insurance company must have in any case covered the risk up to the statutory limit mentioned therein and in the ..... available for perusal of the tribunal. in absence of insurance policy and without perusing the same, the tribunal could not fix any liability higher than that mentioned in section 95 of the act.6. that was a case where the insurance company had specifically pleaded that its liability is only to the extent mentioned under .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-14-1989
Reported in : [1991(62)FLR223]; (1991)IILLJ608AP
..... must be deemed to have been completed on completion of six months. the case of the management is that the reference is outside the scope of section 10(1) of the industrial dispute act as it is not a pending matter or a live issue. the nature of performance of an employee can only be noticed by the employer who ..... confirmed, unless their services are dispensed with on or before the expiry of the period of probation. the very fact that the employee was shifted from one section to the other section during the period indicates that the management wanted to try him in different positions and it is the objective satisfaction of the officers concerned that has to be ..... . p. (1964-i-llj-622) and shalimar works ltd. v. their workmen (1959-ii-llj-26) have not been properly considered by the tribunal. it is a stale act. the allegation that because the employee was indulging in union activities his probation was extended and he was reverted to his original post is not correct. the respondent herein took .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-15-1989
Reported in : 1990ACJ1080
..... with the vehicle, ajm 455, the road permit and also the memo of sale as well as 'c certificate were handed over to the plaintiff. under section 31 of the act, the transferee within thirty days of the transfer of ownership shall report the transfer to the registering authority with the prescribed fee and enter the transfer of ..... carriage the route permit, etc., and the title gets transferred. if the value is more than rs. 100/-and if it is duly got registered under section 17 of the registration act, 1908, at the option of the parties, the right, title and interest in the property stood in the name of the vendor stands extinguished and the ..... appellant is the registered owner and the second appellant has purchased the vehicle from the 1st appellant and till the transfer is effected by the registering authority under section 31 of the act, the vendor continues to be the owner; the vendee second appellant is thereby not liable to pay compensation. in support thereof, he placed reliance on the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-27-1989
Reported in : I(1990)ACC85
..... bearing no. apc 1117 rashly and negligently coming from the opposite direction, dashed against the claimant. as a result, he sustained grievous injuries. under section 110-a of the motor vehicles act (act iv of 1939) a petition was laid before the tribunal below against prabhaker naidu, rajendra naidu, the owner of the motor cycle bearing no. apc ..... appeal and cross-objections are disposed of by a common judgment.2. mr. srinivasa rao, the learned counsel for the insurance company, contended that as per section 95 of the act the appellant as insurer had undertaken to indemnify the damage that may be suffered by the insured, viz., the owner. the tribunal having dismissed the o.p ..... could not have been brought on the road except with the express or implied permission of the owner. in that regard while drawing presumption under section 114 of the evidence act the division bench held thusthe court may presume that the vehicle was being used on the road by the express or implied permission of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-28-1989
Reported in : 1992(1)ALT340
..... only to transactions entered into subsequent to that date would make it practically lifeless and a surplusage. the learned counsel for the appellant's relying upon section 4(3) of the act argued that the act has no application for joint family properties. in this case i have already held while discussing points 1 and 2 that the 1st defendant was ..... defendant is a coparcener in a hindu undivided family and that the property was held by him for the benefit of the co-parceners in the family, section 4(3) of the act will not have any application. that apart, the contention of the appellants is to the effect that they are the real owners of the property whereas budatha ..... since the person in whose name the property is held not being a co-parcener in a hindu undivided family, section 4(3) of the act is not attracted. i accordingly find on this point that section 4 of the act operates as a bar against the plaintiffs setting up a plea of benami nature of transactions and consequently defendants 3 to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-31-1989
Reported in : (1993)IIILLJ414AP
..... ore and fertilizers (i) pvt. ltd. v. employees' state insurance corporation in which it is held that the word 'shop' used in the notification under section 1(5) of the act by the state of andhra pradesh must be construed as a place where activities connected with the buying and selling of the goods are carried on and it ..... as the respondent is not a factory. then the only question is whether it is an establishment for the purpose of the act. under section 1(5) the government is vested with the power to extend the provisions of the act to any other establishment. in exercise of this power, the government issued g. o. ms. no. 788, health, dated ..... who is employed for wages in or in connection with the work of a factory or establishment to which the act applies. the question is whether this is an establishment to which the act applies. section 1 (4) says that the act shall apply, in the first instance, to all factories including factories belonging to the government other than seasonal factories .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-03-1989
Reported in : 1990ACJ878; AIR1990AP11
..... the public places; expeditious and inexpensive and efficacious procedure has been provided for and power and jurisdiction has been conferred on the tribunals to award just compensation. section 92-a' manifests its intention to pay compensation even for no fault liability. the term 'just compensation' is of wide amplitude. the right to life ..... aap 2448. his widow, the 1st respondent, minor son and father laid the claim under s. 110-a of the motor vehicles act (act iv of 939), for short 'the act' for a sum of rs.44,200/-. the tribunal below found that the death was due to rash and negligent driving of the driver ..... has become incumbent to all the tribunals concerning determination of the compensation, be they motor accidents claims tribunals or civil courts, dealing under the acquisition or requisition act, etc. to follow the above procedure so that thepersistent criticism against the courts would be effectively silenced........... the procedureindicated (by this court) has been transformed .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-03-1989
Reported in : I(1991)ACC208
..... mere pawns in the hands of unscrupulous persons to have unjust enrichment at the formers' expense.14. it is undoubtedly true that on awarding compensation under section 110-b of the act, it becomes the property of the claimant within the meaning of article 300a of the constitution. there is dichotomy between deprivation of the property and ..... of the lorry bearing no. a ap 2448. his widow, the 1st respondent, minor son and father laid the claim under section 110-a of the motor vehicles act (act iv of 1939), for short 'the act', for a sum of rs. 44, 200/-. the tribunal below found that the death was due to rash and negligent driving of ..... in the public places; expeditious and inexpensive and efficacious procedure has been provided for and power and jurisdiction has been conferred on the tribunals to award just compensation. section 92-a manifests its intention to pay compensation even for no fault liability. the term 'just compensation' is of wide amplitude. the right to life envisioned under .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-17-1989
Reported in : AIR1989AP324
..... undertaking such negotiations.3. in this connection, your reference is invited to the 'delegation of powers' in favour of various authorities for conclusion of contracts, as detailed in section vi of the head office circular no. 29(2)/69-al dt. 15-9-1969. the proposals in all cases, irrespective of the value of the contract, should ..... discussed above must apply equally where such corporation is dealing with the public whether by way of giving jobs or entering into contracts or otherwise and it cannot act arbitrarily and enter into relationship with any person it likes at its sweet will, but its action must be in conformity with some principle which meets the test ..... sale of kendu leaves was under consideration. after discussing the circumstances in which a monopoly was created under the provisions of the orissa kendu leaves (control of trade) act (28 of 1961), the supreme court observed that the validity of the law by which the state assumed the monopoly to trade in a given commodity has to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-20-1989
Reported in : AIR1990AP152
..... marked. the learned subordinate judge taking into consideration the dale of selection of the land for acquisition as, 27-7-1982 and the date of the notification' under section 4(1) of the act as 19-12-1982, rejected the sale deeds and the agreement of sales that have been produced on behalf of the claimants. he also found that the valuation ..... at rs. 6,500/- for s.no. 438. against that a reference has been made to the civil court at the instance of the claimants under section 18 of the land acquisition act (in short, 'the act'). in that reference, before (he subordinate judge, bhongir, 9 witnesses were examined and exs. a-1 to a-8 and exs. b-1 to b-4 ..... either by the tribunal or subsequently on reference by the civil court. the crucial date for fixing the reasonable compensation is the date of the notification under section 4(1) of the land acquisition act. in this case the publication was made on 29-12-1982. the sale deeds that were relied upon by the claimants are ex. a-l dated 25 .....
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