Court : Andhra Pradesh
Decided on : Mar-24-2006
Reported in : 2006(5)ALD251; 2006(3)ALT495
..... the rules made thereunder underwent major changes under the a.p. co-operative societies (amendment) act, 2005 (act 6 of 2005) with effect from 31-1-2005. one of the important changes effected was substitution of sub-section (5) of section 31 of the act, by virtue of which, president of the society shall be elected by the members of ..... the committee from among themselves, and not by direct election by the general body. sub-section (5) of section 31 may be extracted hereunder:31 (5) in the ..... .b.); saligram shrivastava v. naresh singh patel : [2002]supp5scr585 ; and harikrishna lal v. babu lal marandi : (2003)8scc613 , contended that as per the scheme of the act and the rules made thereunder, the restriction under sub-rule (4) of rule 22 shall be made applicable to the election of office bearers also. i am unable to agree .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-24-2006
Reported in : 2006(3)ALD769; 2006(3)ALT286
..... of whom belonged to the civil engineering department of the south central railway and had attended works connected with broad gauge conversion carried out between hubli-londa sections. the petitioner filed several documents. several records were summoned and marked on behalf of the defence. the enquiry officer finalized his report and recorded a ..... 311 of the constitution is substantially similar to the position which governed the public servants under section 240 of the government of india act. 1935. the scope and effect of the provisions of section 240 of the government of india act 1935, as well as the scope and effect of article 311 of the constitution have been ..... : wherein it was held thus:the corresponding new bank referred to in section 8 has been defined under section 2(f) of the act to mean a banking company specified in column 1 of the first schedule of the act and includes the syndicate bank. section 8 empowers the government to issue directions in regard to matters of policy .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-27-2006
Reported in : 2007(2)ALD643; 2007(4)ALT409
..... clear that seeking attachment before judgment, does not fit into the definition of 'coercion'. since it is not the case of defendants that plaintiff committed any of the acts mentioned in the above section, it cannot be said that ex. a1 was obtained by coercion.18. question of plaintiff exercising 'undue influence' either on the deceased or on the first ..... have to be delivered back by the plaintiff. this evidence, which is contrary to the recitals in ex. a1, cannot be taken into consideration in view of section 92 of the evidence act, 1872, and also because he admitted during cross-examination that he did not tell anybody that ex. a1 is a security bond or a lease deed. therefore, ..... ex. a1 as an attestor, he cannot be heard to say that the terms agreed between the parties are different from the terms mentioned therein in view of section 92 of the evidence act, 1872.16. the evidence of dw 7, the scribe of ex. a1, in chief-examination is that as per the settlement if first defendant were to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-27-2006
Reported in : IV(2006)ACC179; 2007ACJ2502; 2006(4)ALD686
..... . it answers the description of 'certificate of insurance' and thereby the 'policy of insurance'. a combined reading of these definitions together with the obligation of the insurer under section 156 of the act, squarely makes the appellant herein liable to cover the claim of the owner of the vehicle. therefore, this court is not inclined to interfere with the order under appeal ..... contrary, so that the policy could have been effective from a particular time on the date of issue.12. in this regard, the definition of insurance policy under section 145 of the motor vehicles act becomes relevant. policy of insurance is defined in clause-d, to the effect that, 'policy of insurance includes certificate of insurance'. the expression 'certificate of insurance' is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-28-2006
Reported in : 2007ACJ2054; 2006(4)ALD27; 2006(3)ALT613; (2007)ILLJ925AP
..... that. however, those are the instances, where, findings are recorded, based on the nature of duties and extent of disability. here again, explanation ii to section 4(1) of the act mandates that the medical practitioner and the authority shall have regard to the percentage of loss of earning capacity, stipulated in schedule i. the freedom of the authority ..... as those resulting in permanent total disability and permanent partial disability, the percentage of loss of earning capacity is indicated against the respective entries in the schedule. section 4 of the act provides that where the injuries are not mentioned in the schedule, the percentage of disability can be certified by a medical practitioner, and the corresponding loss of ..... l. narasimha reddy, j.1. this c.m.a. is preferred under section 30 of the workmen's compensation act (for short 'the act').2. the 1st respondent was employed as a driver on a tractor bearing no. ap-31t-6926, by the 2nd respondent. the 1st respondent filed w.c. no .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-28-2006
Reported in : IV(2006)ACC403; [2006(110)FLR447]
..... that. however, those are the instances, where, findings are recorded, based on the nature of duties and extent of disability. here again, explanation ii to section 4(1) of the act mandates that the medical practitioner and the authority shall have regard to the percentages of loss of earning capacity, stipulated in schedule i. the freedom of the authority ..... as those resulting in permanent total disability and permanent partial disability, the percentage of loss of earning capacity is indicated against the respective entries in the schedule. section 4 of the act provides that where the injuries are not mentioned in the schedule, the percentage of disability can be certified by a medical practitioner, and the corresponding loss of ..... l. narsimha reddy, j.1. this c.m.a. is preferred under section 50 of the workmen's compensation act (for short 'the act').2. the 1st respondent was employed as a driver on a tractor bearing no. ap 31 t-6926, by the 2nd respondent. the 1st respondent filed w.c. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-29-2006
Reported in : 2006(1)ALD(Cri)916; (2007)5VST169(AP)
..... convenient to consider the submissions made by the counsel on either side in the context of statutory provisions under the apgst act.section 27. possession and submission of certain records by owners, etc., of goods vehicles.-the owner or other person in-charge of a goods vehicle shall carry with him ..... but also house and took away indira vikas patras without any acknowledgment and the same cannot be in discharge of official duties cannot claim protection under section 37 of the apgst act and also placed reliance on the judgment of the supreme court in p.k. pradhan v. state of sikkim : 2001crilj3505 .6. it is ..... knowing that documents are not properly maintained by the dealer seized the books, therefore, he cannot be prosecuted in view of the bar contained under section 37 of the apgst act and entire proceedings initiated against the petitioner are liable to be quashed.5. sri d. bhaskara reddy, learned counsel for the second respondent, submits .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-29-2006
Reported in : II(2007)BC322
..... enable him to pay the cheque amount. but no payment was made by the accused to the complainant. hence, the accused is liable for punishment under sections 138 and 142 of n.i. act.7. on a careful reading of the allegations made in the complaint, it is clear that in para 3 it was specified that the complainant issued a ..... question raised by the counsel for petitioner mr. jitender rao is that there was no issuance of statutory notice as contemplated by section 138 of the negotiable instruments act (herein-after in abort referred to as 'n.i. act'). the learned counsel would maintain that even if the allegations made in the complaint, if taken on their face value, in ..... in eenadu newspaper, this cannot be said to be in compliance with any of the statutory provisions of the n.i. act. hence, this court is of the considered opinion that inasmuch as the provisions of section 138 of the act aforesaid had not been complied with, the very filing of the complaint is not in accordance with law and, hence, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-31-2006
Reported in : 2006(3)ALD589; 2006(4)ALT689
..... refer to the antecedents of all the relations of the candidate. it is true that the appellant's father-in-law was charged with the violation of section 6-a of the act because he was said to be running fair price shop on behalf of smt. longala vimala kumari, but no material has been brought on the record ..... that the appellant has been rightly treated as disqualified from being considered for appointment as fair price shop dealer because her father-in-law had been punished under section 6-a of the act.9. we have given our anxious consideration to the submissions of the learned counsel and carefully perused the record. the revised guidelines for selection and appointment, ..... shop dealer. it was further averred that the petitioner was rightly treated as disqualified because her father-in-law had been punished for committing an offence under section 6-a of the act.6. the learned single judge referred to g.o. ms. no. 198 dated 6-2-1996 and dismissed the writ petition by observing that the petitioner .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-31-2006
Reported in : 2006(4)ALD194
..... : [1950]1scr548 , in which it was pointed out that the question whether a memorandum of deposit of title deeds is compulsorily registerable under section 17 of the indian registration act, 1908 depends on whether the parties intended to reduce their bargain regarding the deposit to the form of a document. if so, the document required ..... in the creation of the mortgage. it follows that in such a case the document which constitutes the bargain regarding securing requires registration under section 17 of the indian registration act, 1908, as a non-testamentary instrument creating an interest in immovable property, where the value of such property is one hundred rupees and ..... and a7 is contrary to law. the learned counsel also would maintain that the document-ex.a7 is a compulsorily registerable document under section 17 of the indian registration act. the learned counsel also had taken this court through the findings which had been recorded by the learned judge and further placed strong .....
Tag this Judgment!