Court : Andhra Pradesh
Decided on : Apr-20-1989
Reported in : (1990)IILLJ553AP
..... of sri anantha babu, it would be appropriate to refer to the definition of 'dock worker'. section 2(b) of the act defines 'dock worker' which is in the following terms : 'dock worker means a person employed or to be employed in, or in the vicinity of, ..... inspection agencies are not obliged to engage them. 6. our learned brother, jeevan reddy, j. has examined the definition of 'dock worker' as contained in section 2(b) of the act and held that the sampling worker falls within definition of dock worker. this view of the learned judge is assailed before us. 7. to appreciate this contention ..... who work on the port are governed by the dock workers (regulation of employment) act 1948, (for short 'the act') under section 5 of the act, the dock labour board has been established by the government which is a corporate body. section 3 of the said act provides for framing of the scheme for ensuring regular employment of the workers. the .....
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 : Apr-21-1989
Reported in : 1990CriLJ97
..... been made in accordance with the provisions of s. 466 or s. 471 of the code of criminal procedure or s. 30 of the prisoners act, 1900 or s. 103-a of the indian army act. section 471 sub-section (1) of the cr.p.c. of 1898 corresponds to s. 335 of the criminal procedure code of 1973. so, the accused comes within, the definition ..... for the reception and detention of any person in such asylum or in any other asylum to which he may be lawfully transferred. section 27 of the mental health act of 1987 which is the corresponding provision in the new act is also to the same effect. 5. we, therefore, direct that the appellant accused shall be detained in the institute of mental ..... by a person who at the time of doing it by reason of unsoundness of mind is incapable of knowing the nature of the act, or that, he is doing what is either wrong or contrary to law. section 334, cr.p.c. provides that whenever any person is acquitted upon the ground that, at the time at which he is alleged .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-24-1989
Reported in : (1992)ILLJ72AP
..... to 'workers', no recognition can be granted for composite unions. point 3. 24. coming to the third point, it is necessary to refer to section 24 of the regional rural banks act, 1976, which reads as follows :- 'power of central government to give directions :- (1) a regional rural banks shall, in the discharge of its ..... undertaking wherein 50 or more employees are employed or were employed twelve months prior to a particular date could be governed by the provisions of the act. that act provides for an application for recognition and the criteria for eligibility is that the union must have, for a whole of six calendar months before application ..... writ of mandamus, directing the respondents to continue to allow the petitioner-association to represent the officers. 2. the petitioner-association is registered under the trade unions act, 1926 (registration no. d-515/80). the said association is a composite association, representing both officers and workers of the second respondent-bank. the bank .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-24-1989
Reported in : 1991ACJ502
..... him by common law or by the statute. in the case of a motor accident the owner is only liable for negligence and on proof of vicarious liability for the acts of his servant. the necessity to provide effective means for compensating the victims in motor accidents should not blind me in determining the state of law as it exists today ..... of the servant the owner is made liable on the basis of vicarious liability. before the master could be made liable it is necessary to prove that the servant was acting during the course of his employment and that he was negligent. the owner's liability arises out of his failure to discharge a duty cast on him by law. the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-25-1989
Reported in : 1992(1)ALT688
..... learned judge declared that these officers cannot be treated as belonging to a 'regular cadre of prosecuting officers' for the purpose of section 24(6) of the code. he pointed out that by the amending act of 1978, the legislature intended a 'regular cadre of prosecuting officers' not including persons in the cadre of assistant public prosecutors.7 ..... . from the aforesaid provisions of rule 56 read with rule 2(vii) and (viii) and section 24(6) cr.p.c, it is clear that ..... cases which they normally conduct are totally different and are small compared to cases in sessions court where, as in the present case, the accused is charged under section 302, i.p.c. and other provisions. there are quite a large number of districts in the state and there are several experienced persons functioning as public .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-27-1989
Reported in : 1992(1)ALT619
..... of the learned counsel for the petitioner is that the lower court failed to see that the government have already issued notification in exercise of power under section 2(iv) of the act to each area to exercise powers thereunder., the revenue divisional officer, medak was constituted as rent controller for the municipality of andole; therefore the rent ..... thus:'the state government may, by notification in the andhra pradesh gazette, apply all or any of the provisions of this act except under sub-section (2) of section 3 to any other area in the state of andhra pradesh with effect from such date as may be specified in the notification, and may ..... at jogipet, medak district. his contention is that andole is a municipality by exercising power under section 2(b) of the andhra pradesh buildings (lease, rent and eviction) control act xv of 1961 (in short the act) extending the provisions of the act to andole, therefore the civil court is devoid of jurisdiction to pass decree; the only competent .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-04-1989
Reported in : AIR1990AP376
..... at so much for every pound sterling of the amount with which he has to deal. thus, a sheriff is entitled to poundage on executing a fieri facias (sheriff's act, 1887,5.20(2)).'8. in bouvier's law dictionary, 'pound-age is defined as :'the amount allowed to the sheriff or other officer, for commissions on the money made .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-05-1989
Reported in : (1994)IIILLJ393AP
..... or any work in connection with or incidental or ancillary to such trade, business or profession.....but does not include an establishment. section 1(3)(b) of the act postulates that the act shall apply to every shop or establishment within the meaning of any law for the time being in force to shops or establishments ..... profession or any work in connection with or incidental or ancillary to such trade, business or profession is an establishment within the meaning of section 1(3)(b) of the act when a person has been systematically and continuously carrying on any commercial activity, whether he receives profits or not in a systematic manner, it ..... controlling authority, contending that it is not an establishment or a commercial establishment and therefore, it is not 'establishment' or a 'shop' under section 1(3)(b) of the act and therefore, the coverage is illegal and without jurisdiction. that contention was found favour with the controlling authority, against which an appeal was carried to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-06-1989
Reported in : 1990CriLJ332
..... term exceeding 3 years. sri duba mohanarao seems to be laboring under a mis-apprehension that an offence under the essential commodities act is a summons case. section 7 of the essential commodities act lays down penalties. under sub-section (1)(a)(ii) of s. 7 the punishment shall extend to 7 years imprisonment and the accused is also liable to fine ..... . only in the case of contravention of an order made under clause (h) or clause (i) of sub-section (2) of s. 3, ..... of punishment that can be fixed. under no circumstances can the offence complained against the accused be treated as an offence coming within the scope of a summons case. section 167(5), cr.p.c. has absolutely no application. the period of limitation is 3 years and hence the charge sheet filed is within time. 7. it should .....
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