Court : Andhra Pradesh
Decided on : Jun-07-1989
Reported in : 1992(1)ALT632
ORDERK. Ramaswamy, J.1. The petitioner was appointed as Copyist in the unit of Ananthapur district and is governed by the Andhra Pradesh Judicial Ministerial Service Rules, 1964 issued in G.O.Ms.206, Home (Courts-A) dated February 7,1964, for short, 'the Rules'. Under Category 5, Division IV, in Muffassal Courts and offices of Muffassal Public Prosecutor and Government Pleaders, the appointment to the posts of Clerks (now Junior Assistants), Assistant Nazirs, Junior Superintendents of Copyists, III Grade Clerks and III Grade Typists and Steno-Typists is by way of promotion from Assistant Superintendents of Copists, Examiners, Amins, Readers and Copyists, or by direct recruitment or for special reasons recruitment by transfer from any other service. When a vacancy to the post of Typist arose, the petitioner was promoted by proceedings dated March 12,1985 and posted to Sub-Court, Penukonda and he joined in that post on March 23,1985. While working as such, the petitioner in his applicati...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-11-1989
Reported in : 1991(2)ALT462
..... clause 15 of the letters patent against the order passed by a learned single judge refusing to review the final order passed in a revision preferred to this court under section 115 of the code of civil procedure. the registry has raised an objection stating that inasmuch as a letters patent appeal is not maintainable against the main order passed in ..... objection raised by the office and hold that a letters patent appeal does not lie against an order refusing to review the judgment in a civil revision petition filed under section 115 of the code of civil procedure. the office objection that the appeal is not maintainable is up-held.
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-19-1989
Reported in : AIR1990AP272
ORDERAmareswari, J.1. Plaintiff is the appellant. The appeal is against the judgment and decree dt. 19-3-1984 of the First Additional Judge, City Civil Court, Hyderabad dismissing the suit.2. The facts may briefly be stated :The plaintiff-appellant is a Film Exhibitor. The first defendant is a Film Distributor. Second defendant is a partner of the first defendant. The appellant-plaintiff controls the play time of the theatre Farheen 70 M.M. for exhibiting the pictures. They have four other sister concerns. Pramod Enterprises controls Anand Theatre, Pramod Theatres controls Alka Talkies, Pramod Films controls Sobhana Theatre and Pramod Cinemas controls Sri Ramana 70 M.M. theatre respectively.3. The first defendant acquired the rights of distribution for Hindi Motion Picture by name 'Waqt-Ki-Deewar' for the Nizam Circuit Area. The plaintiff, who is the exhibitor, and the first defendant, who is Distributor, entered into an agreement on 4-3-1981 for playing the picture 'Waqt-Ki-Deewar' fr...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-19-1989
Reported in : I(1990)DMC466
..... in connection with, any demand for dowry, such death shall be called 'dowry death' and such husband or relative shall be deemed to have caused her death. section 113-b of the evidence act says that when the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman ..... the injury is antimortem. the death is due to asphyxia due to hanging. 6. so, the medical evidence shows that the deceased died on account of asphyxia due to hanging. section 304-b, i.p.c. provides that where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven ..... all the accused. the state has preferred this appeal against the said acquittal. 4. the learned public prosecutor contended that there is sufficient evidence to convict all the accused under sections 304-b and 498-a, i.p.c. the deceased who is a young woman aged about 20 years was married to the 1st accused about three years prior to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-21-1989
Reported in : (1991)IILLJ430AP
..... the case. 4. to appreciate the above argument of the learned counsel, it would be necessary to have a close look at the provisions of section 11-a of the industrial disputes act which is in the following terms : '11-a power of labour courts, tribunals and national tribunal to give appropriate relief in case of discharge or ..... 1986 is set aside and the matter is remanded to the industrial tribunal for fresh consideration in accordance with the provision of section 11-a of the industrial disputes act. especially the proviso to the said section, by taking into consideration only the materials on record and not the past record of service of the petitioner, the labour ..... including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require : provided that in any proceedings under this section, the labour court, tribunal or national tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-27-1989
Reported in : (1990)ILLJ255AP
..... not permitted to attend to their duties with effect from 14th june, 1988. therefore they approached this court contending that there was violation of section 25-f of the industrial disputes act. it is further stated that the other persons who were employed subsequent to the petitioners and who were juniors such as sarvasri t. ravi, ..... not having been obtained before the temporary appointment was made, there was no relationship of workman and employer for the applicability of section 25-f or the other provisions of the industrial disputes act. in that context, kerala high court referred to the decision of the supreme court in santosh gupta v. state bank of ..... . the learned counsel for the petitioners has relied upon the definition of 'workman' in section 2(5) of the industrial disputes act and also referred to the provisions of section 25-f and definition of 'continuous service' in section 25-b of the act. as there is no denial in the counter affidavit that the petitioners are 'workman' .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-03-1989
Reported in : 1992(1)ALT705
..... of the indian forest act are analogous to sections 4 and 7 of the a.p. forest act. section 5 of the indian forest act, 1927 is analogous to section 7 of the a.p. forest act. section 26 of the indian forest act which is analogous to section 20 of the a.p. forest act deals with certain prohibited acts in forests under section 26(1)(a) any ..... (sn) 73. (w.p. 6423/80 dt. 7.10.82.) seetharam reddy, j., has taken the view that:'.....the moment the notification is issued under section 4 (of the forest act) any other forum is forbidden from embarking upon any enquiry and confer any right or patta whether existing or new one, in respect of such land which is ..... the contentions raised by the learned counsel for the petitioners it is necessary to notice the relevant statutory provisions. chapter ii of the a.p. forest act deals with reserved forests. section 3 confers power on the state government to constitute any land as a reserved forest in the manner specified in that chapter. whenever it is proposed .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-04-1989
Reported in : 1992(1)ALT623
..... of ryotwari patta to the petitioner dated november 29, 1965, and remitted to the settlement officer to conduct an enquiry into the rival claims under section 56(1) of the act. assailing the legality thereof, the writ petition has been filed.2. the contention of sri rangacharyulu, learned counsel for the petitioner that the grant ..... his proceedings dated march 18, 1966, to which the petitioner objected by his objections dated august 29,1966 that he was already granted ryotwari patta under section 11 (a) of the act. the assistant settlement officer, nellore by which date proceedings were transferred to him, has dropped the proceedings on october 31,1972. then revision was ..... of ryotwari patta in respect of survey no. 104. while so, the petitioner appears to have filed an application for grant of ryotwari patta under section 11 (a) of the act and the assistant settlement officer, chittoor granted to the petitioner the ryotwari patta on november 29, 1965. there does not appear to have been any .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-10-1989
Reported in : 1990ACJ560
..... appeal and the cross-objections are:(1) whether the insurance company is entitled to claim that its liability is restricted to rs. 50,000/- as contemplated under section 95 (2) of the act?(2) whether the insurance company is entitled to question the quantum of compensation awarded by the tribunal?(3) whether the cross-objections filed by the claimants are ..... of the different high courts to show that it is a well settled law that the liability of the insurance company is limited to the amounts specified under section 95 (2) of the act.14. the decision in united india fire & genl. ins. co. ltd. v. pallamparty indiramma 1982 acj 521 (ap), deals with a case where the claimant ..... amount payable by an insurer in respect of each passenger who has suffered on account of the accident. this appears to us to be a fair construction of section 95 (2) of the act as it existed at the time when the accident took place. the decision reported in jaddoo singh v. malti devi 1983 acj 747 (allahabad), deals with .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-12-1989
Reported in : 1991(2)ALT290
..... to the fact that the power of the board to frame uniform tariffs can be exercised only subject to the restrictions provided for in sub-section (4) of section 49 of the act. so long as this power has been exercised in a fair and reasonable manner, it cannot be interfered with on the nebulous ground that ..... arguments. the main contentions raised by the learned counsel for the petitioners have been with regard to the fixation of uniform tariff by the board, under section 49 of the act. therefore, the ancillary questions with regard to the demand notices issued by the respondent-board and the fixation of charges consequent upon the refusal to ..... . the board, therefore, occupies an extremely important position in the hierarchy of industries engaged in the industrial development of the company, (sic country). under section 49 of the act, the board is empowered to fix terms and conditions of supply of electricity and to frame uniform tariffs having regard to nature of supply and the purpose .....
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