Array
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    [0] =>  .....  as to bring it within the purview of the 'death occurring otherwise than in normal circumstances.' the expression 'soon before' is very relevant where section 113-b of the evidence act and section 304b, ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that  ..... was for, or in connection with, any demand for dowry.(4) such cruelty or harassment was soon before her death.5. a conjoint reading of section 113b of the evidence act and section 304-b, ipc shows that there must be material to show that soon before her death the victim was subjected to cruelty or harassment. prosecution has ..... proximity test. no definite period has been indicated and the expression 'soon before' is not defined. a reference to expression 'soon before' used in section 113, illustration (a) of the evidence act is relevant. it lays down that a court may presume that a man who is in the possession of goods 'soon after the theft, is  ..... 
    [1] =>  .....  since it is also not their case that a public notice as contemplated by section 72 of partnership act was given, in view of section 45 of partnership act they would continue to be liable to the first respondent as partners of the second respondent firm. since as per explanation (a .....  the issuance of the dishonoured cheque by the third respondent on behalf of second respondent, they (petitioners) cannot be made liable for the offence under section 138 of the act, more so because there is no specific allegation in the complaint that petitioners have been in charge of and are looking after the affairs of the  ..... are only three partners, if two partners retire, a firm cannot continue with one partner. so, it amounts to dissolution of the firm. so, sections 45 and 72 of partnership act would govern their alleged retirement or dissolution. since there is nothing on record to show that petitioners have given a public notice of their retirement, and ..... 
    [2] =>  ..... .c. agrawal, j (as he then was) considering the question whether an assistant manager (accounts) came within the meaning of expression workman under section 2(5) of the act accepted the contention raised on behalf of the petitioner therein that the question could not be agitated before the high court under article 226 of the  ..... receipt of the reference of such dispute will have first to direct the workmen to approach the appropriate government for abolition of the contract labour under section 10 of the act and keep the reference pending. if pursuant to such reference, the contract labour is abolished by the appropriate government, the industrial adjudicator will have ..... the appropriate service conditions. when such dispute is raised, it is not a dispute for abolition of the labour contract and hence the provisions of section 10 of the act will not bar either the raising or the adjudication of the dispute. when such dispute is raised, the industrial adjudicator has to decide whether the ..... 
    [3] =>  ..... the definition 'local authority' are gram panchayat, mandal praja parishad, zilla praja parishad, municipality, municipal corporation and not the institutions under the apcs act. further, under section 2(vi) of act 2 of 1994 'public service' is defined as a service in any office or establishment of the government, a local authority, a corporation or .....  to the registration of societies for the time being in force. all the societies in which the petitioners are working were registered under apcs act as required under section 5 thereof. further, the learned government pleader asserts that the societies are being funded indirectly by the government-state. according to the learned government .....  state government either fully or partly for its maintenance etc. thus, the co-operative societies registered under apcs act are not covered by act 2 of 1994. the proviso to section 2(vi)(e) of act 2 of 1994, which was introduced by way of amendment in the year 1998, contemplates that unless and until ..... 
    [4] =>  .....  put in less than two years of service with the tribunal or(ii) if he has been removed from an office in the tribunal under sub-section (2) of section 9 of the act.(2) pension under sub-rule (1) shall be calculated at the rate of rupees seven hundred per annum for each completed year of service or  .....  the same is liable to be dismissed.9. the government of india in exercise of the powers conferred by subsection (1) read with section (c) of subsection (2) of section 35 of administrative tribunal act (central act 13 of 1985) made the rules called the andhra pradesh administrative tribunal (salaries and allowances and conditions of service of chairman, vice-chairman  ..... court under a. p. land grabbing (prohibition) special court chairman and members (conditions and services) rules, 1996 (for short 'rules'). the said rules were framed under section 16(1) of the act and notified in g.o. ms. no. 176 revenue (a&r;) department dated 13.2.1996. under rule 3 of the rules, the chairman shall receive pay ..... 
    [5] =>  .....  was the inaction on the part of the plaintiff and the consequence thereof would invariably be the discharge of the guarantors in accordance with the provisions contained in section 134 of the indian contract act. further, inasmuch as the plaintiff was sought to collude with the first defendant and did not respond to the request of defendants 2 to 5 and dragged .....  counterclaim and when to be filed. in para-28 of the judgment, the apex court laid down the law thus:'looking to the scheme of order 8 as mentioned by act 104 of 1976, we are of the opinion, that there are three modes of pleading or setting up a counter-claim in a civil suit. firstly, the written statement filed ..... 
    [6] =>  ..... .14. strong reliance was placed on the decision of a full bench in a. abbayi v. r. choultry, : air1974ap139 , wherein it was held:'though section 13 of the act is mandatory in the sense that the landlord cannot determine the tenancy of evict the tenant except firstly by filing application to the tahsildar and secondly only on the .....  of time, but that itself cannot be a ground to negative the relief of eviction.11. section 13 of the act deals with termination of tenancy and section 13(a) of the said act reads as hereunder:'13. notwithstanding anything contained in sections 10, 11 and 12 no landlord shall be entitled to terminate the tenancy and evict his cultivating .....  atc no. 16 of 1993 on the file of special officer, tenancy tribunal- cum-ii additional munsif magistrate, ongole, under section 13(a) of the a.p. (a.a) tenancy act, 1956 (hereinafter referred to as act in short) praying for eviction of the tenant from the petition schedule land. on the respective pleadings of the parties, the ..... 
    [7] =>  ..... landless poor person.6. learned counsel for the petitioner raised a contention that the petitioner being a poor person is entitled to the benefit under sub-section (2) of section 82 of the act by allowing him to retain the leased land to an extent of acs.5.00 and the land over and above acs.5,00 is alone  ..... required to be surrendered. this argument suffers from fallacy. in state of a.p. v. nallamilli ramireddi, : air2001sc3616 , the supreme court upheld the validity of section 82 of the act. dealing with this aspect of the matter, it was observed as under...................... it is settled law that it is open to the legislature to state as to who  .....  to purchase land or continue as tenant.4. the submission of the learned counsel for the petitioner is misconceived. the amended provisions i.e., sub-sections (1) and (2) of section 82 of the act read as under.82. lease of agricultural lands :--(1) any lease of agricultural land belonging to or given or endowed for the purpose of any ..... 
    [8] =>  ..... consent of the occupier thereof) without previously giving such occupier at least seven days notice in writing of his intention to do so.18. sub-section (2) of section 24-a of the act provides that the holder of a mining lease shall be liable to pay compensation in such manner as may be prescribed to the occupier of  ..... obtained, which, in our considered opinion, is a mandatory requirement. the rules have been framed in exercise of the power conferred upon the central government under section 13 of the act, which provides and enables the central government to make rules for regulating the grant of reconnaissance permits, prospecting licences and mining leases in respect of minerals and ..... if so, the consent of the owner and occupier of the land be obtained in writing and be filed. 25. thus, it is clear that though section 24-a of the act which provides for the rights and liabilities of a holder of a mining lease, does not require the prior consent of the owner for undertaking mining operations ..... 
    [9] =>  .....  when he met with an accident at the relevant point of time. the organization has a duty to create alternate employment as per section 47 of the act. in fact, section 47 of the act makes it clear that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary  ..... rule 38 of ccs (pension) rules, 1972, the appellant got invalidity pension is no ground to deny the protection, mandatory made available to the appellant under section 47of the act. once it is held that the appellant has acquired disability during his service and if found not suitable for the post he was holding, he could be  .....  accommodation, although a major accident occurred and the petitioner's leg was amputated.7. in the light of the aforesaid submissions, it is necessary to extract section 47 of the act.non-discrimination in government employment :--(1) no establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service :provided that ..... 
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