Court : Andhra Pradesh
Decided on : Oct-31-2003
Reported in : 2004(3)ALD605
..... seniority list. in other words, the learned judge was exercising the jurisdiction to consider the matter on merits in the contempt proceedings. it would not be permissible under section 12 of the act.'8. the learned advocate-general also refers to the judgment of a division bench of this court reported in prof. pannalal v. holy bharathi p.g. college ..... 2000 rejecting the request of the writ petitioner for grant of affiliation, therefore even if it is accepted that this court has no power under section 19 of the contempt of courts act, this court has the power under clause 15 of the letters patent.'9. so in the present case also the learned single judge passed an ..... in any public sector undertaking. this order, in our opinion, is wholly without jurisdiction and could not have been made in proceedings under the contempt of courts act or under article 215 of the constitution.4. the high court in the writ petition had issued a direction for the consideration of the respondent's representation by .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-31-2003
Reported in : 2004(2)ALD(Cri)225; 2004CriLJ1107
..... in dispute. those three suicide notes therefore are statements made by the deceased relating to the cause of her death, and hence would fall within sub-section (1) of section 32 of the evidence act and hence are relevant in finding out the cause of death of the deceased.4. in the letter addressed by her to her mother the deceased ..... ill-treatment of the deceased by the petitioner would only be an opinion evidence, over which no reliance can be placed.9. presumption, under section 113-a of the evidence act for constituting an offence under section 306, i.p.c. would arise only when there is prima facie evidence of cruelty or harassment for dowry by the accused. when ..... the petitioner, committed suicide on 18-3-2000. in connection therewith a case in crime no. 70 of 2000 was registered by iv town police station of visakhapatnam under section 174, cr. p.c. at the time of inquest police seized three suicide notes, one addressed to the petitioner, other addressed to the mother of the deceased and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-30-2003
Reported in : 2004(1)ALD(Cri)592; II(2004)BC571; [2004]119CompCas156(AP); 2004CriLJ712
..... the cheque that is filed along with the complaint.7. in my considered opinion, the number on the cheque has no relevance in a proceeding under section 138 of the act. section 6 of the act defines 'cheque' as :'a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand.' 'bill of exchange ..... to pay a certain sum of money only to, or to the order of, a certain person or to the bearer of the instrument.' 8. neither section 5 nor section 6 of the act state that the cheque or bill of exchange, to be valid, should bear a number. the contention of learned counsel for the petitioner is that all ..... order under revision, dismissed the said petition. hence, this revision.3. the main contention of learned counsel for the petitioner is that since the offence under section 138 of the act is a technical offence, a complainant who does not strictly comply with the mandatory requirements of the statute cannot take shelter under a typographical error and since the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-29-2003
Reported in : II(2004)ACC508; 2005ACJ825; 2004(3)ALD176; 2004(2)ALT392; [2004(101)FLR1070]
..... the said w.c. 37 of 1998, unless, otherwise, so specified.8. the applicants filed the said w.c. 37 of 1998, before the said commissioner, under section 22 of the workmen's compensation act, 1923, (enactment of 1923), for recovery of total compensation of rs. 1,22,310/-, with interest thereon, at 12% per annum, and costs, in respect of ..... c.m.a. no. 1151 of 2001, arises out of a civil miscellaneous appeal, filed by the sole appellant, against r-1 to r-5, under section 30 of the workmen's compensation act, 1923, questioning certain parts of the adjudications made by and set forth in para 3, infra.2. the orders in the cross-objections filed in the cma ..... the high court, the 3 provisos thereof, and the other two sub-sections (2) and (3), qualify the powers under the said sub-section (1).41. the present c.m.a. is filed under sub-section (1) of section 30 of that act.42. however, none of the provisions of that section 30, anywhere therein even remotely provide for or otherwise authorize any of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-29-2003
Reported in : 2004(1)ALD181
..... farmers having land under the ayacut of irrigation system in a crop year automatically become members of the wua. the first and second provisos to sub-section (3) of section 3 of the act provide for exceptions in which event a farmer cannot be treated as a member of wua though he owns land. these are - (i) if the ..... at every stage the district collector or authorised officer should take abundant care not to deny membership to any farmer who satisfied the conditions laid down in section 3 of the act read with rule 9(1) of the delineation rules. the law also provides for raising objections at the time of publication of provisional list of ..... collector to the district collector, the commissioner, command area development department, is given revisional power relating to correction of voters' list,28. a reading of section 3 of the act and rule 9 of the delineation rules together discloses that every landholder under a water users area does not automatically become a member of wua and he has .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-29-2003
Reported in : I(2004)ACC606; 2005ACJ1517; 2004(1)ALD442
..... v. k.p, saradamma, : air1989ker23 , a division bench of kerala high court while dealing with the jurisdiction of claims tribunals under section 110 the motor vehicles act, 1939 held;'under section 110 of the motor vehicles act, the jurisdiction of the claims tribunals is confined to (1) claims for compensation in respect of accidents involving the death of, or ..... not warrant any interference in the present civil revision petition.8. it is not in dispute that the petitioner filed the o.p. under sections 140 and 166 of the motor vehicles act, 1988 claiming a sum of rs. 6,256-65 ps. for damages caused to his bajaj scooter from the respondent/ united india insurance ..... property is damaged in the accident involving motor vehicle ex fade is not covered under the provisions of sections 146 and 147 of the act. therefore, it must be construed that the tribunal constituted under section 165 of the act is not vested with the power to adjudicate the claims by the owners of motor vehicle and under .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-29-2003
Reported in : 2004(1)ALD818
ORDERG. Yethirajulu, J. 1. These two revision petitions arose out of the orders passed by the Subordinate Judge, Anakapalli, in E.P31 of 1984 and 32 of 1984 respectively in O.S.65 of 1976. The revision petitioner is one of the partners of the plaintiff-decree holder Firm and the respondent is the defendant in the suit and Judgment debtor in the execution petition. The Firm of the revision petitioner filed the suit for recovery of money on the basis of a promissory note and the suit was decreed in its favour. Subsequently, the revision petitioner filed E.P.Nos. 31 of 1984 and 32 of 1984 for different reliefs for the purpose of realization of the decree amount These execution petitions were dismissed by the lower Court on the ground that they cannot be maintained by an individual partner when the suit was decreed in favour of the firm.2. The revision petitioner being aggrieved by the orders of the lower Court preferred these two revision petitions questioning their validity and legality....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-28-2003
Reported in : 2004(1)ALD550
ORDERP.S. Narayana, J. 1. The revision petitioner aggrieved by the order made by the learned Senior Civil Judge, Vizianagaram dated 18-7-2003 in F.D.I.A. No. 572 of 2002 in O.S. No. 17 of 1997, had preferred the present civil revision petition under Article 227 of the Constitution of India.2. The facts in brief are as hereunder:3. The revision petitioner as plaintiff filed a suit in O.S. No. 17 of 1997 on the file of the Senior Civil Judge, Vizianagaram for the relief of partition and separate possession of his 1/3rd share praying for the division of properties into three equal shares by metes and bounds. The learned Senior Civil Judge, Vizianagaram had decreed the suit on 26.4.2002. The revision petitioner, as plaintiff aggrieved by the fact that the relief of mesne profits had not been granted, preferred A.S. No. 1991 of 2002 on the file of this Court and the same is pending disposal. In the said appeal, in C.M.P. No. 20657 of 2002, initially interim stay of passing of final decree w...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-27-2003
Reported in : 2004(1)ALD91; 2004(1)ALT430; 2004(1)ARBLR436(AP)
..... dealership of the appellant. clause 20 of the said agreement also requires the dealer to observe and comply with the provisions of the petroleum act, explosives act and the weights and measurements act, 1976 and the rules and regulations made thereunder.18. the apex court on analyzing clause 30 of the dealership agreement observed that the ..... ., : [1963]3scr209 , and jaikishan v. l. kanoria & co., : air1974sc1579 .10. the learned counsel for the respondents further submits that inasmuch as section 3 of the benami transactions (prohibition) act, 1988, prohibits purchase of property benami, the alleged purchase of property by the applicant under the alleged agreement dated 6-2-1990, in the names of the ..... to them. on the complaint being referred to banjara hills police station, the police registered the same as fir no. 556/2001, dated 21-10-2001 under sections 379, 420, 467, 468 and 471 i.p.c. the applicant states that when he made an application to the economic offences court, nampally, for .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-27-2003
Reported in : 2004(1)ALD(Cri)232; 2004(1)ALT465
..... of standing counsel-cum-special public prosecutor is made under sub-section (8) of section 9 (sic. 24) the law does not require the district magistrate to send the panel of advocate to be considered by the government. therefore in ..... . further the submission that a panel ought to have been sent is misconceived. when an appointment is made for the office of public prosecutor, sub-section (4) of section 24 of the code of criminal procedure, 1973 requires a district magistrate to prepare a panel in consultation with the sessions judge. further when an appointment ..... not recommending the name of the petitioner or not sending the name of the petitioner the respondents have not committed any illegality. the respondents have acted within their .....
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