Court : Andhra Pradesh
Decided on : Sep-24-2003
Reported in : 2003(6)ALD516
..... section 76 of the act. a reference may be made to section 76(1) of the act which reads as under: 76(1). any person or society aggrieved by any decision passed or order made under section 6, section 9a, section 9b, section 9c, section 12a, section 13, section 15a, sectionl6, section 17, section 19, section 21, section 21a, section 21aa, section 23, sub-section (3) of section 32, section 34, section 34a, section 60, section 62, section 64, section 66, section 70, section 71, section 73 and section .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-24-2003
Reported in : III(2004)ACC664; 2005ACJ2038; 2004(4)ALD44
..... any work connected to the work of the establishment of the appellant. he also held that deceased himself invited death due to his negligence. he also held that the act of the deceased holding the flag post, is totally unconnected with the establishment of the appellant. he also held that the accident occurred outside the premises of the ..... kerala balagram v. kochumon, : (1998)illj744ker , it was held that even a casual labourer is to be treated as workman under the provisions of the workmen's compensation act, 1923. there is no need to narrate the facts and the principle of law laid down in these two decisions, inasmuch as the learned counsel for the appellant did ..... the place of his work. it is, therefore, clear that the appellant is not liable to pay compensation to the claimants under the provisions of workmen's compensation act, as the deceased did not sustain any injury in any accident arising out of and in the course of employment under the appellant. the impugned award is bad in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-24-2003
Reported in : 2004(1)ALD328
..... what extent writ petition would be maintainable against order passed by chief justice or the nominee of the chief justice appointing arbitrator in terms of sub-section (6) of section 11 of the act. after referring to judgments in konkan-i (supra) and konkan-ii (supra) this court laid down as under:but, decision on a ..... alternative efficacious remedy is available before the arbitrator, writ court normally would not entertain a challenge to an order of the designated judge made under section 11(6) of the act which includes considering the question of jurisdiction of the arbitrator himself. therefore, in our view, even though a writ petition under article 226 of ..... of the constitution for there is alternative efficacious remedy before the arbitrator himself to raise all the grounds and contentions. whether an application under section 11(6) of the act is not accepted and hon'ble chief justice or judge designated by hon'ble chief justice refuses to appoint arbitrator, writ petition would be .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-24-2003
Reported in : 2003(6)ALD497; 2004(1)ALT41
..... & allied products (p.) ltd. and ors., : (1996)5scc65 , in the matter of action by the corporation in exercise of the powers conferred on it under section 29 of the act, the scope of judicial review is confined to two circumstances i.e., (a) where there is statutory violation on the part of the state financial corporation, or, ( ..... the decision in haryana financial corporation v. jagdamba oil mills, 2002 (1) scale 481, wherein on default of borrowed amount, action was taken under section 29 of state financial corporation act for recalling the loan and the possession of the unit was taken. at this point of time, the suit was filed for permanent injunction, which ..... (in short 'the constitution'), the high court does not sit as an appellate authority over the acts and deeds of the corporation. similarly, the courts other than the high courts are not to interfere with action under section 29 of the act unless the aforesaid two situations exist.16. we may however, record that we are not concerned .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-24-2003
Reported in : 2003(6)ALT462
ORDERB.S.A. Swamy, J.1. This L.P.A was filed against the judgment and decree passed by the learned Single Judge in C.C.C.A.No. 147 of 1987, dated 4-12-2001 confirming the judgment of the trial court in O.S.No. 400 of 1983, dated 30-7-1987 dismissing the suit filed by the plaintiff-appellant herein seeking for a declaration that he is the owner of the suit schedule property and accordingly sought for a consequential injunction restraining the 1st defendant-1st respondent AP Hosing Board from interfering with his possession.2. Both the Courts below concurrently held that the plaintiff-appellant miserably failed to establish his title to the suit schedule property and accordingly dismissed the suit. Hence, the present L.P.A.3. Initially, Mr.Vilas V. Afzulpurkar appearing for the appellant strenuously contented that the suit schedule property is separated by a road from the land acquired for construction of houses by the A.P. Housing Board without proper identification of the lands with re...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-23-2003
Reported in : 2004(1)ALT537
..... ready and willing to perform his part of the contract in terms of ex.a-1. as held by the supreme court in boramma case (14 supra) section 16(c) of the specific relief act, is a mandatory provision and if the plaintiff is unable to establish his readiness and willingness, he cannot be granted the relief of specific performance.15. as ..... of ex.a-1 agreement5. the main contention of the learned counsel for the defendant is that both the courts below erred in not keeping in view section 19(c) of the special relief act, which lays down that in a suit for specific performance, the plaintiff should not only aver but should also prove his readiness and willingness to perform his ..... party to the first party in respect of said mulgi.'persons with legal knowledge only would know that a tenant, in order to have the benefit of section 53-a of the transfer of property act, should establish that he was put in possession of the property agreed to be sold to him, in part performance of the contract, and his .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-23-2003
Reported in : 2004(1)ALT30
..... consideration for deciding this petition would be whether the appellant established prima facie case, balance of convenience and irreparable loss. reference to section 41(b) of specific relief act, 1963, is wholly irrelevant for deciding this petition.11. as stated earlier, appellant is not able to establish prima facie case which is the sine ..... error in dismissing the petition of the appellant on the ground that it has no power under section 41(b) of the specific relief act, 1963 to grant an injunction restraining the person from instituting a proceeding in a court of co-ordinate or superior jurisdiction. the point for ..... interest complains of its infringement and seeks relief through court must have an unhindered, uninterrupted access to law courts.'therefore it is easy to see that section 41(b) of specific relief act, 1963, cannot be invoked for deciding a petition under order 39 rule 1 of c.p.c. and so the court below was in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-22-2003
Reported in : 2004(1)ALD413; 2004(1)ALT648
..... in width of five yards and it cannot be interfered with by the plaintiff. in this regard, it is relevant to note the provisions of section 41 of the indian easements act, 1882 which reads as follows:'41. extinction on termination of necessity:--an easement of necessity is extinguished when die necessity comes to an end.'from ..... the above section, it is clear that mere existence of an easement itself is not enough but it also requires to be shown that the same is ..... than the documents as mentioned therein to consider the question in issue. in shikharchand jain v. digamber jain piraband karini sabha, : [1974]3scr101 , while considering the section 100 of cpc, a division bench of the apex court held that the appellate court was wholly wrong in discarding the khasra entries on the solitary statement in certain .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-22-2003
Reported in : 2004(1)ALD436; 2003(6)ALT434
..... and cosmetics rules have been amended to bring them in conformity with who standards. the government of india, in exercise of the powers conferred by sections 12 and 33 of the drugs act promulgated the drugs and cosmetics amendment rules, 2001 in gsr 894 (e), dated 11-12-2001. it was however clarified that the amended ..... of manufacturers to meet the requirements of the purchasers. the good manufacturing practices certificate is a non-statutory certificate and has no legal sanction either under the act or the rules made thereunder. the government of a.p., has also not authorized the issuance of gmp certificate. schedule-m of the drugs rules was ..... . the said gmp certificates have been issued by the drug controlling agency of the state in compliance with the provisions of the drugs and cosmetics act, 1940 (for short 'the act'), and the petitioners have been supplying their respective products to various hospitals through the respective agencies of the government. it is also not in dispute .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-22-2003
Reported in : 2003(6)ALT212
ORDERDevinder Gupta, C.J.1. Fourth respondent herein, viz., Tappers' Co-operative Society, Bhainsa, Adilabad District, rejected appellant's application for membership in the society. Representation made by appellant to the Deputy Commissioner of Prohibition and Excise, Karimnagar Division, was also rejected on the ground that 'tapper' means a person who is major and who is engaged in the profession of tapping and who can climb and draw toddy from the toddy trees and the appellant was not engaged in the profession of tapping toddy, but was engaged in doing business in jewellery at Bhainsa. After rejection of his representation, appeal was filed, which was dismissed by the Commissioner of Prohibition and Excise, Hyderabad, on 18th of July, 2002. Learned Single Judge also dismissed the writ petition of the appellant on the ground that the appellant has not fulfilled the required criteria for being admitted as a member of the society.2. Appellant has no vested right to be admitted as a mem...
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