Court : Andhra Pradesh
Decided on : Sep-11-1989
Reported in : (1994)IIILLJ600AP
..... of parties. by virtue of the said definition, labour courts or industrial tribunal are courts within the meaning of the act. section 2(2) of the act enacts that the provisions of the act relating to the levy of fee shall be subject to the provisions of any other law relating to the levy of ..... disputes relating to any matter specified in the second schedule and for performing such other functions as may be assigned to them under the act, while under section 7a of the act, the appropriate government may, by notification in the official gazette, constitute one or more industrial tribunals for the adjudication of industrial disputes relating ..... question raised, reference may be made to the material provisions in the industrial disputes act, hereinafter referred to as 'the act'. section 2(f) of the act defines 'court' meaning a court of inquiry constituted under the act. under section 7 of the act, the appropriate government is empowered to constitute one or more labour courts for the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-11-1989
Reported in : [1991]191ITR368(AP)
..... . in this behalf, the tribunal referred to the board's circular no. 320 dated january 11, 1982 [see [1982] 134 itr 166], no doubt issued under section 167a of the 1961 act, clarifying that members of such clubs do not have any share in the income or assets of such association. since there is no definition of association of person ..... so, the principle of the board's circular applies with equal force in the case of an association of persons under this act. 6. we may also say that sub-section (4) of section 21aa appears to lend support of our conclusion. it says that, upon discontinuation or dissolution of an association of persons, every person who was a member of ..... in the case of such a club. neither does he have a share in the income, nor in the assets. section 14 of the societies registration act says that, upon the dissolution of a society registered under the said act, if any assets remain after satisfying all its debts and liabilities, the same shall not be paid to or distributed among .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-14-1989
Reported in : I(1990)DMC212
..... has already been expired. here it is case that by fraud and coercion the marriage has taken place and for annulment of the marriage under section 12(1)(c) of the hindu marriage act. when serious allegations are made and the o.p. is for annulment of the marriage and when the statute prescribes six months' time for disposal ..... of andhra pradesh, 1975 (2) aplj 84 while considering a case wherein the question arose when a criminal case is pending on a charge under section 5(1)(e) of the prevention of corruption act, whether the government is empowered to direct its employee to submit the particulars of the properties possessed by him and his relatives, chinnappa reddy, j ..... defendant in that suit. the respondent filed o.p. no. 182 of 1988 on the file of the ii additional subordinate judge, vijayawada, under section 12(1)(c) of the hindu marriage act seeking a declaration that the marriage between her and the petitioner is vitiated by force and fraud and to annul the marriage by a decree of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-15-1989
Reported in : (1990)89CTR(AP)43; [1990]182ITR242(AP)
..... or inadvertence or mistake of the income-tax officer, that by itself cannot be a ground for reopening the assessment by exercising the power under section 147(b) of the act red with section 148, and that on a mere reappraisal of the same material already considered during the original assessment if it is discovered that an error was ..... lordship gajendragadkar j. (as he then was) held (at pages 5,6) : 'it is clear that two conditions must be satisfied before the income-tax officer can act under section 34(1) (b). he must have information in his possession, which, in the context, means that the relevant information must have come into his possession subsequent to the ..... stand by an astute discovery of a plea that the earlier judgment was rendered per incuriam. the wisdom which has fallen from bowen l. j. in ex parte pratt [1884] 12 qbd 334 , though delivered in a different context, has wider relevance to include the present position. the learned lord justice observed : 'there is a good old .....
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 : Sep-26-1989
Reported in : 1991(2)ALT184
..... petitioner, it is necessary to examine some of the provisions of the a.p. charitable & hindu religious institutions & endowments act, 1966 (act 17 of 1966). it may be seen that in exercise of the powers conferred under sub-section (5) of section 86 of act 17 of 1966, the t.t.d. board of trustees has delegated certain powers vested in them to the executive ..... power to take action against all such officers who come within the purview of delegation of powers vested in him. it may also be stated that under section 109 of the a.p. charitable & hindu religious institutions & endowments act, 1987, the executive officer is the recipient of certain powers directly from the legislature and has been authorised to delegate such powers under ..... by the executive officer of the t.t.d. but, it is significant to note that g.o. ms. no. 1351 dt. 2-8-78 has been promulgated under section 107 of act 17 of 1966, which authorises the government to make the rules for carrying out all or any of the purposes of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-13-1989
Reported in : (1990)ILLJ513AP
..... (1977-i-llj-403), a single judge of orissa high court has taken the view that, by virtue of the provisions of the industrial disputes act, and in particular section 2-a thereof, the jurisdiction of civil court to entertain a suit questioning the validity of termination/dismissal of a workman by an employer is barred ..... to reinstatement in service with all antecedent benefits. the employer resisted the proceedings contending that appellant is not a 'workman' within the meaning of section 2(5) of the industrial dispute act, that he belonged to managerial/supervisory cadre, and that having elected to pursue his remedy in a civil court and also having obtained relief ..... the civil court had jurisdiction to entertain the suit, that the termination of service of the appellant was wrongful, but that by virtue of section 14 of the specific relief act, the civil court cannot decree reinstatement of the appellant. the learned sub-ordinate judge noted that the conditions of service of the appellant are .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-16-1989
Reported in : (1990)ILLJ367AP
..... the management of the society on the one hand and the two recognized registered workers unions on the other. 'settlement defined under section 2(p) of the industrial disputes act as one arrived at in the course of a conciliation proceeding and includes a written agreement between the employer and workmen arrived at ..... fallen'. depending upon the increase in additional work-load, the nmrs will be absorbed. as there was no retrenchment, it is pleaded, that section 25-f of the industrial disputes act has no application. 3. the first question that arises for consideration is whether the writ petitions are maintainable against the respondent-sangam dairy-a ..... guntur district milk producers' co-operative union limited (sangam dairy) represented by its general manager. on 23rd march, 1985, a settlement under section 12(3) of the industrial disputes act. 1947, was reached between the management of the sangam dairy and the petitioner-union and another union by the name bharatiya mazdoor sangh, both .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-17-1989
Reported in : I(1991)DMC368
..... the question of fact, i.e. wife and the child are living at khammam, there are no grounds to interfere in this petition. he has further pointed out that under section 126 cr. p.c. the proceedings can be taken in any district where the wife resides and since bhadrachalam is also part of khammam district and even if the petitioner ..... petitioner has contended that the munsif magistrate's court at khammam has no jurisdiction to order maintenance as the wife and child are living at bhadrachalam. section 126 crl.p.c. says that proceedings under section 125 cr.p.c. may be taken against any person in any district (a) where he is or (b) where he or his wife resides or ..... n.d. patnaik, j.1. respondents 1 and 2 who are wife and child of the petitioner have filed a petition m.c. 19/81 for maintenance under section 125 cr.p.c. in the court of the munsif magistrate, khammam alleging that the petitioner neglected to maintain them. the petitioner took objection to the jurisdiction of the court .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-18-1989
Reported in : 1991(2)ALT13
..... powers subject to the general control of the registrar. 3. p. sathyanarayana, being aggrieved by the order of the deputy registrar, has preferred a revision under section 77 of the act. 4. the present writ petition has been filed by a member of the primary agricultural co-operative society, bayyannagudem, for the issue of a writ of ..... the high court challenging the order of the registrar dated 10-12-1975. the village societies also simultaneously approached the government by way of revision under section 77 of the act against the order of the registrar dated 10-12-1975. on 6-10-1976, the government suspended the operation of the order of the registrar dated ..... only question raised before us is whether an order passed by the deputy registrar, who is a registrar, in view of section 2 (n) of the act, is amenable to revision before the government directly under section 77 of the act. section 77 reads as follows: '77. (1) the registrar may of his own motion or on application made to him, .....
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