Court : Andhra Pradesh
Decided on : Mar-02-2006
Reported in : 2006(2)ALT664
..... the appropriate authority? the cadre rules are statutory in nature, having been framed by the central government in exercise of powers under subsection (1) of section 3 of the all india services act, 1951. the language of sub-rule (2) of rule 4, as it stood prior to its amendment is rather peremptory in nature and thus it ..... the central crime station (ccs) and renumbered as crime no. 436 of 2005 and the investigation is not yet completed, in the sense, no final report under section 173 of the code of criminal procedure, is yet filed.73. in the abovementioned circumstances, we are only left with allegations and counter allegations regarding the leakage of ..... of the state of jammu and kashmir. indian forest service is one of the services constituted under section 3(1) of the all india service act, 1951. under the rules framed by virtue of the delegated power under the abovementioned act, members of the various state forest services are also made eligible for recruitment of the all india .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-03-2006
Reported in : 2006(3)ALD273; [2006(109)FLR1155]
..... questions arise for consideration, in this writ petition.7. the first question is, as to whether the second respondent answers the description of workman, under section 2(s) of the act. the labour court took into account, the nature of duties entrusted to the second respondent, as well as his emoluments, and found that he deserves ..... on the other hand, submits that the labour court recorded a specific and definite finding that the second respondent is a workman, within the meaning of section 2(s) of the act, and that no interference is called for, with the same. she submits that the petitioner did not conduct any enquiry, worth its name, before ..... that the second respondent was discharging managerial functions, and as such, he did not answer the description of workman, as defined under section 2(s) of the industrial disputes act (for short 'the act'). another contention is that the labour court did not provide any opportunity to the petitioner, to establish the guilt of the second respondent .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-03-2006
Reported in : 2006(2)ALD721; 2006(2)ALT637
..... fact that the defendant or defendants do not reside at the place where the plaintiff resides, a suit can be instituted at a place where the plaintiff resides. section 20 of c.p.c., has three clauses. clauses (a) and (b) speaks of respondents or defendants whereas clause (c) speaks of cause of action ..... personal officer, south central railway, is situated at renigunta and therefore the suit at tirupati is maintainable.3. the learned counsel for the petitioner strenuously relies on section 20 of c.p.c., and submits that syed hussain, a native of nagireddipalle married at nagireddipalle, that the headquarters of second respondent is situated at ..... section 15 lays down that 'every suit shall be instituted in the court of the lowest grade competent to try it'. the ordinary jurisdiction of each subordinate court - district court, senior civil judge court and junior civil judge court; is decided by the legislature, which, in the case of state of andhra pradesh, is a.p. civil courts (amendment) act .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-06-2006
Reported in : 2006(3)ALD447; 2006(5)ALT248
..... an ordinary civil court, the industrial tribunals and the labour courts have limited jurisdiction in that behalf. an award made by an industrial court becomes enforceable under section 17-a of the act on the expiry of 30 days from the date of its publication. once the award becomes enforceable, the industrial tribunal and/or labour court becomes functus officio ..... to above the application to set aside the ex parte award was made before the expiry of 30 days but not after expiry of 30 days. sub-section (3) of section 20 of the act provides that the proceedings before the tribunal would be deemed to continue till the date on which the award becomes enforceable under ..... and, therefore, had no jurisdiction to set aside the ex parte award and that the central government alone could set it aside does not commend to us. sub-section (3) of section 20 of the act provides that the proceedings before the tribunal would be deemed to continue till the date on which the award becomes enforceable under .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-06-2006
Reported in : 2006(3)ALD635
..... whether the plaint schedule property falls within s.no. 224 or 225. the learned counsel also explained the scope and ambit of 'expert investigation' and had placed strong reliance on section 75(e) read with order 26 rule 10(a) of the code of civil procedure. (hereinafter for short referred to as 'code'). the learned counsel would maintain that ..... :where the court is for any reason dissatisfied with the proceedings of the commissioner, it may direct such further inquiry to be made as it shall think fit.9. section 75(e) of the code reads as hereunder:power of court to issue commissions : subject to such conditions and limitations as may be prescribed, the court may issue a ..... point from which, the measurements to be taken, in fact, had not been properly fixed and the procedure to be followed under the andhra pradesh survey and boundaries act also had not been followed. the learned counsel in all fairness would submit that it is no doubt a lapse on the part of the petitioners-plaintiffs in not .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-06-2006
Reported in : 2006(3)ALD657
..... concessions given was, 'exemption from payment of properly tax to recognised educational institutions, charitable hospitals and dispensaries'. this was clearly against the provisions of section 202 of the act, and government could have not passed any order violating the provisions of law and this court is not expected to enforce a government order, which ..... for public worship or for a charitable or educational purpose'. the words 'or educational' in section 202(1)(b) were omitted by an amendment act being act 20 of 1989 with effect from 1-11-1990. the amendment of section 202(1)(b) rules out any doubt as to whether the educational institutions are exempt or ..... respondents submits that thisg.o. would not apply to the petitioner in view of the clear mandate of section 202 of the act. the relevant provision relating to exemptions and pertinent for the purpose of present controversy is section 202(bb), which is being reproduced herein below :202(bb) :-educational institutions upto 10th class, the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-2006
Reported in : [2008]145CompCas702(AP)
..... the liquidator appointed by the company court and after hearing him.(iii) if a financial corporation acting under section 29 of the sfc act seeks to sell or otherwise transfer the assets of a debtor-company in liquidation, the said power could be exercised by it only after obtaining ..... notice to the official liquidator or the liquidator appointed by the company court and after hearing him.(ii) a district court entertaining an application under section 31 of the sfc act will have the power to order sale of the assets of the borrower company in liquidation but only after notice to the official liquidator or ..... also the case of the respondent-bank that the provisions of the recovery of debts due to banks and financial institutions act, 1993, overrides the provisions of any other act by virtue of section 34 of the said act. therefore, this court has no jurisdiction to interfere with the sale that was affected. the respondent also relied upon a .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-2006
Reported in : 2006(4)ALD523
..... also made certain submissions in relation to the findings recorded by the appellate authority on the ground of wilful default and would comment that unless the procedure under section 11 of the act is followed, it cannot be said that the tenant had committed wilful default and hence in that view of the matter especially taking conduct of the parties ..... . aggrieved by the same, the tenant respondent in r.c.c. no. 33 of 1984 had preferred the present c.r.p. no. 6851 of 2003 under section 22 of the act. for the purpose of convenience and to avoid confusion hereinafter the parties would be referred to as 'landlord' and 'tenant'.2. contentions of sri subba reddy sri subba ..... 64 of 1983 is the respondent in the present c.r.p. the said r.c.c. was filed under section 8(3) of a.p. buildings (lease, rent and eviction) control act, 1960 (hereinafter in short referred to as the 'act' for the purpose of convenience) praying permission of the court to deposit rents. the learned rent controller allowed the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-2006
Reported in : (2007)5VST388(AP)
..... a difficulty that if revisional power is not exercised within a particular period of time, the revision would become time-barred as there are limitations in section 20(3) of the act and, therefore, if an appeal is pending before the sales tax authority and ultimately assessee loses the appeal, revisional authority cannot invoke the power ..... in mind that had the intention of the legislature been otherwise, the same could have been specified in explicit language as was done in section 264(4)(c) of the income-tax act.the words 'issue or question' are of wide amplitude. an issue or question may arise in relation to the self same assessee in ..... has been decided by the appellate tribunal under section 21, evidently, on a plain reading of sub-section (2-a) of section 20, the same cannot be the subject-matter of revision under sub-section (1) of section 21 of the act. furthermore, judicial and administrative discipline demands that inferior authority must act in terms of the decision of a superior .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-2006
Reported in : 2006(1)ALD(Cri)967; 2006CriLJ2839
..... the accused alleged to have collected or intended to collect funds for gujarat victims. in the absence of any allegation that the accused/respondents 1 to 3 were acting as the persons mentioned under section 409, i.p.c., it is not possible to accept the same as it is. hence, the court has no hesitation to hold that the said ..... lie upon the person so aware; forthwith give information to the nearest magistrate or police officer of such commission or intention.(2) for the purpose of this section, the term 'offence' includes any act committed at any place out of india which would constitute an offence if committed in india.7. now, it is necessary for this court to look into ..... the allegations made in the complaint and the provisions of section 39, cr. p.c. from a perusal of the complaint as excerpted above, it is clear that .....
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