Court : Andhra Pradesh
Decided on : Dec-29-2003
Reported in : 2004(1)ALD505; 2004(1)ALT797
..... compulsory retirement was passed, the only course open to it was to set aside the order under appeal, and to direct fresh proceedings to be initiated. section 12 of the act, which confers powers on the board does not provide for a situation, which is brought about through the impugned proceedings.13. further, a perusal of ..... the 1st respondent that the present enquiry was undertaken, only with a view to ascertain the facts. placing reliance upon section 12 of the nizam's institute of medical sciences act 1989 (for short 'the act'), learned standing counsel submits that the 1st respondent has ample power to deal with the matters relating to the conduct, ..... to have directed a comprehensive enquiry by two senior officers, about the irregularities which are said to have been resorted to by the petitioner, for several years. acting on the said decision of the 1st respondent, the 2nd respondent, issued proceedings dated 19-11-2002, constituting a committee comprising of respondents 4 and 5. the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-29-2003
Reported in : 2004(2)ALD562; 2004(3)ALT562
..... effect, he shall, unless a different intention is expressed or necessarily implied be entitled to such easement. illustrations (c), (d) and (e) of section 13 of the act also may be relevant and the said illustrations read as hereunder:(c) a sells b a house with windows overlooking a's land which a retains. the ..... made elaborate submissions relating to the respective pleadings of the parties and also had explained in detail the scope and ambit of section 15 of the indian easements act, 1882 and section 13 of the indian easements act, 1882; the learned counsel also on facts had pointed that the court of first instance, while appreciating the evidence available ..... these parties by virtue of their purchase had been in possession and enjoyment of the respective houses and in the light of this background inasmuch as section 13 of the indian easements act, 1882 alone is applicable negativing the relief, cannot be sustained.4. the appellants-plaintiffs originally had instituted os no. 573 of 1987, on .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-29-2003
Reported in : 2004(3)ALD350
..... come to the conclusion that the decree passed in the earlier suit was not executable. now the main question is, whether the suit was maintainable in view of section 47. section 47 of the code of civil procedure is reproduced below :'47.(1) all questions arising between the parties to the suit in which the decree was passed, or ..... such property to such purchaser or his representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree within the meaning of this section.' therefore in our view, a separate suit was not at all maintainable when there was a decree passed by the trial court between the same parties for the ..... judgment which deals with the period of limitation as to when the period starts to run after the final decree is passed and it does not directly deal with section 47 cpc.9. the learned counsel for appellants also relied on a judgment reported in w.b. essential commodities supply corporation v. swadesh agro farming and storage .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-29-2003
Reported in : 2004(2)ALT281
ORDERP.S. Narayana, J.1. Heard Sri Padala Vijay Kiran, the counsel representing the review petitioner and Sri Subhashchandra Bose, the counsel representing the first respondent.2. In view of the facts and circumstances explained, the delay in filing the review CMP is hereby condoned, and C.M.P. No. 21012/2003 is ordered accordingly.3. Both the counsel made elaborate submissions on the merits and demerits of the review CMP. The petitioner in the review CMP filed the same as against the judgment and decree made in S.A.No. 692 of 1994 dated 25-2-2003 on the ground that the second appellant died, about three years ago on 8-3-1996 and no steps were taken by the appellants and thus the appeal stands abated. As the first appellant being the wife of deceased-second appellant cannot plead ignorance of the death of her husband and hence the order of remand made by this court would cause irreparable loss and consequently a request is made to review the said judgment and decree made in S.A.No. 692...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-29-2003
Reported in : 2004(1)ALT629
P.S. Narayana, J.1. Heard both the counsel.2. The substantial question of law, which had been argued at length in the Second Appeals is as hereunder:What is the effect of not formulating the points for consideration by the lower appellate court, as required by Order 41 Rule 31 C.P.C?3. There is no controversy between the parties that the Appellate Court had recorded the issues and had discussed the, evidence on record but had not framed the points for consideration. The counsel for the appellants with all vehemence had contended that though concurrent findings had been recorded, by virtue of non-framing of points for consideration, the judgment and decree of the Appellate Court are vitiated and are liable to be set aside. The counsel representing the respondent, on the other hand, had placed strong reliance in Gorella Durga Vara Prasad v. Indukuri Rama Raju, : 2002(2)ALT589 (D.B.) and had contended that almost all the grounds raised in the appeal had been dealt with and hence, a mere o...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-26-2003
Reported in : 2004(3)ALD134; 2004(3)ALT214
..... this court is also indicating that the provisions referred to above are meant to meet the contingency of reduction of the holding of the declarant by virtue of section 4-a of the act.'10. this court, therefore, comes to a conclusion that the collector is the competent authority to pass appropriate orders on receipt of a report from the revenue ..... order, it is valid under law, therefore, the impugned order needs no interference.9. this is a case which was reconsidered by the land reforms tribunal, under section 4a of the act. the surplus land of the declarant was adjusted in the unit of his major son which had fallen short of one standard holding. it is revealing from the record ..... to him by the government in respect of that land, and where such land was allotted or transferred to any person in accordance with the provisions of section 14 of the principal act prior to the date, it shall be lawful for the district collector to resume the land from the person to whom the land is so allotted or .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-26-2003
Reported in : 2005ACJ1436; 2004(4)ALD442; 2004(5)ALT383
..... district judges, are not applying their mind to the principles evaluated by the series of decisions written by the superior courts, as well as the provisions of the motor vehicle act in awarding compensation. though they are expected to award compensation under several heads taking the gravity of the injuries sustained by the victim, the income and status of the individual ..... compensation of rs. 75,000/- to the claimant without dividing the compensation under various heads, which is highly illegal and not in consonance with the provisions of the motor vehicles act and also the ratio laid down by the superior courts while awarding the compensation. even though the value of the medical bills ex-a6 series produced by the claimant is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-26-2003
Reported in : 2004(1)ALD500; 2004(2)ALT337; (2004)IILLJ213AP
..... clubs, (iii) educational institutions, co-operatives, (iv) research institutes, (v) charitable projects and (vi) other kindred adventures cannot be exempted from the scope of section 2(j) of the act, provided they fulfil the triple test, viz., (i) systematic activity, (ii) organized by co-operation between employer and employee (the direct and substantial element is ..... of retrenchment and therefore the retrenchment was invalid in law and the engineering department of vuda is an industry-within the meaning of section 2(j) of the act. aggrieved by the same, the management preferred a batch of writ petitions before this court. a learned single judge of this court ..... their services by orally refusing to allow them to work. the management terminated the services of the workmen without complying with the provisions of section 25f of the act. therefore, the petitioners claimed reinstatement with fall backwages and continuity of service. the case of the management is that the workmen never worked .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-26-2003
Reported in : 2004(1)ALD517; 2004(2)ALT279
..... the impugned order passed by the council is at page no. 291. it is recorded that the petitioner was suspended as per sub-section (5) (a) and (b) of section 51 of the act.3. sub-section (5) of section 51 reads as under:'57. presidency of council and chairperson: (5) (a) the chairperson may, if he deems it necessary, ..... is contrary to the provisions of section 51 of the act, and without passing any order under sub-section (3) of section 51 and without there being any resolution by the council the petitioner was placed under suspension, which is arbitrary and illegal.2 ..... month of march, 2000 was suspended by the impugned proceedings dated 29-11-2003 for a period of two months under sub-section (5) of section 51 of the a.p. municipalities act, 1965 (for short 'the act'). questioning the same the present writ petition is filed contending that the said order passed by the chairman of the municipality .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-26-2003
Reported in : 2004(1)ALD846
..... to set aside an award shall be deemed to be a suit for cancellation of a decree within the meaning of this section'. .5. section 37(1)(b) and section 37(2) of the a.p. court fee and suits valuation act, 1956 make it abundantly clear, on bare perusal, that if a party challenges a document and claims only a share in the ..... to him, it was sham. therefore, without getting a declaration with respect to the document he could not claim a share. but, section 37(1)(b) and section 37(2) of the a.p. court fee and suits valuation act, 1956 make it clear that he was required to pay the court-fee on the share he claimed. therefore, in my view, there ..... , therefore, he was bound to pay court-fee on an amount of rs. 12,00,000/- in terms of section 37 of the a.p. court fee and suits valuation act, 1956.4. section 37 of the a.p. court fee and suits valuation act, 1956 lays down:'37. suits for cancellation of decrees, etc.:--(1) in a suit for cancellation of a decree .....
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