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 : 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 : Feb-17-1989
Reported in : 1990ACJ668; AIR1989AP235
..... same proceedings......againstthe secretary of state in council of india as they could have done against the said company.....'. this concept was reiterated insub-section (2) of section 32 of the government of india act, 1915, which declared 'every person shall have the same remedies against the secretary of stale in council as he might have had ..... to the addl. district& sessions judge, kurnool, that only two constables were guarding the jail that night. he opined : 'i am inclined to think that the alleged explosion in cell no. 7 took (place) for want of adequate vigilance on the purl of the police personnel.....'. his notes ofinspect ion appended to ex.a-9 show that ..... this constitution...... '6. (1) for the removal of doubts it is hereby declared that if any person alleges that any of the provisions of the foregoing sections or section of this constitution, has been, is being.or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-28-1989
Reported in : (1990)IILLJ537AP
..... commercial establishment and such other establishment as the government may, by notification, declare to be an establishment for the purposes of this act. sub-section (5) of section 2 of the act defines 'commercial establishment'. in this case, admittedly the choultry is owning a building of 12 rooms where the lodgers are staying on ..... construed as to defeat the very purpose of the legislation merely because the very establishment is a charitable institution. under sub-section 4 of section 64 of the act (section 73(4) of act 20 of 1988), the government have power to exempt any establishment or class of establishments from all or any of the ..... with the objects of improving, securing greater efficiency, rationalisation, reduction of cost of silk, was a commercial establishment within the meaning of section 2(5) of the act. having taken into consideration the functions of the research institute which included investment in movable and immovable properties, growing of commercial crops and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-28-1989
Reported in : AIR1990AP370
..... are carried for hire or reward, it implies that the insurance policy must cover persons who are carried for hire or reward. we are unable to accept this contention. section 95 lays down the requirements of policies of the insurance and the limits of the liability of the insurer then a proviso is added which excepts certain liabilities. the proviso ..... . exceptions to such liability are provided under sub-sec. (2) of s.96 which lays down the defences available to the insurer. under s. 96(2)(c) it ..... who are carried in the vehicle in contravention of the provisions of the act and the permit. the words 'passengers carried for hire or reward' mean persons who are lawfully carried.8. in this connection, we may also refer to s.96(2)(b)(1)(c) of the act. section 96(1) makes the insurer liable to pay the amount due under decrees .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-20-1989
Reported in : AIR1991AP84
..... should have been granted allowance of 1,000 square meters each by way of appurtenant land as provided under s. 2(g)(ii) of the act. s.2(g)(ii) of the act reads thus:section 2(g). 'land appurtenant' in relation to any building, means-(i) xx xx xx (ii) in an area where there are no ..... land would not depend upon the conformity of the structure, with building regulations. in other words, once there are structures put up by the declarant before the act came into force, the declarant would be entitled to the statutory allowance irrespective of the fact whether the structures are authorised or unauthorised. respondents 1 and 2 should ..... t. dasaradharamayya, learned counsel appearing for the petitioners, submits that both the respondents were in error in not granting to the petitioners various allowances permitted under the act in respect of various structures forming part of the first property and that both the authorities below also committed an error in treating the second property, situate at .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-06-1989
Reported in : AIR1991AP1
..... are no doubt graphic and even telling. what the learned counsel contends for is not the straightening out' of any ruck in the texture of the section but to remove a portion of it and weave into it a new one. this a court cannot obviously do.'23. this principle is applicable where the ..... provided for residential clarification for all public employment. soon after the formation of the state of andhra pradesh parliament enacted public employment (requirement as to residence) act, 1957 making special provision for requirement as to residence for public employment and brought it into force with effect from 21st march 1957. the constitutional validity of ..... andhra pradesh to exercise such jurisdiction, powers and authority including any jurisdictional power and authority which immediately before the commencement of the constitution (thirty second amendment) act, 1973, was exercis-able by any court other than the supreme court or by any tribunal or other authority as may be specified in the order .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-05-1989
Reported in : 1992(1)ALT641
..... under the impression that watans include even the posts held by the petitioners like sethsindhies and neeradies. i see sufficient foundation for the contention section 2(i) of the andhra pradesh (abolition) act, 1978 defines 'watan' as under:'(i) watan, means a villge-office together with a right to hold the property appertaining thereto held ..... not the sethsindhies and neeradies. hence the notification purported to have been issued by the mandal revenue officer is illegal. therefore, the respondents are restrained from acting upon and implementing the said notification by calling for applications for the purpose of appointment for the posts of sethsindhies and neeradies as it is illegal and ..... calling for applications for the posts which have been held by the petitioners on the premise that since the watans have been abolished under the a.p. act no. 10 of 1978, they have no more any locus standi to continue as such and therefore the government is competent to appoint in those places .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-24-1989
Reported in : 1992(1)ALT555
..... avoiding to take delivery' did not amount to refusal to receive the notice. therefore, it was held that there was no valid service of notice.9. under section 114 indian evidence act, the presumption would be that a letter posted by the sender would reach the addressee in usual course. once a letter has been delivered to the post ..... the defendant avoided service of notice was considered as amounting to service of notice, then ex.a-4 notice was in accordance with the provisions of section 106, transfer of property act.7. it is submitted by the learned counsel for the appellant that the lower appellate court had committed a grave error in holding that the lease ..... deed was executed and the defendant continued in possession.3. the plaintiff got issued ex.a-4 registered notice february 20, 1972 to the defendant under section 106 transfer of property act calling upon him to pay the arrears of rent and hand over vacant possession of the plaint schedule land by march 22,1972. that registered notice .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-24-1989
Reported in : 1990ACJ1022
..... medical certificate in form c as set forth in the first schedule, signed by a registered medical practitioner, and the provisions of sub-section (5) of section 7 shall apply to every such case. section 3 of the act also reads as follows:necessity for driving licence.--(1) no person shall drive a motor vehicle in any public place unless he holds ..... of its expiry or if the application is filed after 30 days it will be effective from the date of renewal.it is also necessary to read section 96 (2) (b) (ii) of the act, which reads as follows:duty of insurers to satisfy judgments against persons insured in respect of third party risks.--(1) xxx xxx xxx(2) no ..... the date it expired previously and, therefore, it must be deemed that the driver was having a valid licence as on the date of the accident.11. section 11 (1) of the motor vehicles act, 1939, reads as follows:renewal of driving licences.--(1) any licensing authority may, on application made to it, renew a licence issued under the provisions .....
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