Court : Andhra Pradesh
Decided on : Mar-07-2003
Reported in : 2003(4)ALD183
..... judge is wholly illegal and contrary to law. the learned judge failed to take into consideration the provisions of the workmen's compensation act relating to assessment of compensation under section 4 and that the finding of learned single judge that the doctor who treated the workmen ought to have been examined for assessing ..... any person declared by the state government, by notification in the official gazette, to be a qualified medical practitioner for the purpose of this act.14. thus, when the section is very clear and specific regarding the assessment to be made by a qualified medical practitioner, there is no reason to import additional meaning ..... , the assessment by qualified medical practitioner is necessary as required under section 4(c)(ii) of the act. the words 'qualified medical practitioner' is also defined under section 2(1)(i) which means 'any person registered under any central act, provincial act or any act of the legislature of a state providing for the maintenance of a .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-2003
Reported in : 2003(3)ALD516; 2003(4)ALT437
..... the property sought to be acquired is not a dispute capable of being adjudicated upon or referred to the civil court for determination either under section 18 or section 30 of the act. the reference made by the collector to the court was wholly without jurisdiction and the civil court ought to have refused to entertain the ..... reference and ought to have rejected the same. all the proceedings under section 30 of the act beginning from the reference and adjudication thereon by the civil court suffer from lack of inherent jurisdiction and are therefore a nullity liable to be declared ..... available for being invoked by the 'persons interested' if they were neither present nor represented in proceedings before the collector, nor were served with notice under section 12(2) of the act or when they claim on the basis of a title coming into existence post-award. the definition of 'person interested' speaks of 'an interest in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-2003
Reported in : 2003(2)ALD833; 2003(3)ALT506
..... no appeal shall lie against anyaction taken, or order passed, by the state transport authority or any regional transport authority under sub-section (1) or sub-section (2). 8. section 104 of the act further provides that after publication of the scheme state transport authority or regional transport authority shall not grant any permit except in ..... contended by the learned counsel for the petitioner, it does not violate inter-state agreement.18. as per the definition of the route in section 2(28) of the act, the route -srikakulam to parlakimidi and the route from srikakulam to sarvakota are different routes. merely because the distance to srikakulam to sarvakota traverses ..... traversed by a motor vehicle between one terminus and another. insofar as inter-state stage carriage permit is concerned, it can be varied under section 80(3) of the act on an application made by a permit holder either by increasing number of trips above the specified maximum or by variation, extensionor curtailment of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-2003
Reported in : 2003(2)ALD843; 2003(3)ALT68
..... the said conclusion is as follows:it is next pointed out on behalf of the appellant that while regulation 15 requires the council, when it proceeds to act under section 21(4), to furnish to the member a copy of the report of the disciplinary committee, no such requirement is incorporated in regulation 14 which prescribes what ..... proposed to remove his name from the register of members for a period not exceeding five years in accordance with the procedure laid down in section 21(4) of the said act. he was informed that he will be called to appear before the council for oral hearing for consideration of the written representation and oral ..... entitled to hearing by the council of the institute after the disciplinary committee has submitted report to the council. the supreme court considered sections 21 and 22a of the chartered accountants act and came to a conclusion that there is nothing in the provisions which exclude personal hearing by the council andaccordingly held the member accused .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-2003
Reported in : 2003(1)ALD(Cri)686; 2003(2)ALT(Cri)358; 2003CriLJ2477; I(2004)DMC771
..... it was found that complaint was originally filed by the 1st respondent on 3-9-1997 for the offences under sections 498-a, 406, ipc and sections 4 and 6 of the dowry prohibition act. for the offence under section 498-a the indian penal code prescribed the punishment up to 3 years. the complainant was said to be necked ..... no. 50 of 2000. the 1st respondent herein is the de facto complainant in the said case which was registered under sections 498-a, ipc, 406, ipc and sections 4 and 6 of the dowry prohibition act.3. the de facto complainant filed a private complaint before the xxii metropolitan magistrate, hyderabad on 3-9-1997 alleging that ..... forwarded the complaint of the 1st respondent to women police station, hyderabad under section 156(3), cr.p.c. the police registered crime no. 360 of 1997 against the petitioners under sections 498-a, 406, ipc and sections 4 and 6 of the dowry prohibition act. during the course of investigation the complainant was examined and while the investigation .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-2003
Reported in : 2003(4)ALD66; 2003(6)ALT277
..... fees. this right will have no substance if the investigation is to be confined to the allegations in the plaint. there is then a provision for an enquiry under section 16 of the act. as we have said, the second part of the second question in the form in which it is put is easily answered. but the more difficult question is ..... appellant would be claiming so as to properly canvass the correctness of the claim or entitlement. the claim cannot be kept in uncertainty. if in appeal under section 54 of the land acquisition act the amount is initially kept low and then depending upon the mood of the appellate court, payment of deficit court-fee is sought to be made, it would ..... he was entitled to amounts worth lakhs, but he valued the suit at rs.150/-. it was contended before the supreme court that in terms of section 7(iv)(f) of the court fees act it was the sweet-will of the plaintiff to value the suit at any amount, but the supreme court repelled the argument in the following words, '5 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-2003
Reported in : 2003(3)ALD60; 2003(3)ALT16; 2003(2)ARBLR417(AP)
orderdevender gupta, c.j.1. this is an application under section 11(6) of the arbitration and conciliation act, 1996 seeking appointment of an arbitral tribunal to enter upon reference and resolve the disputes arising out of letter dated 31.3.2001 in accordance with law.2. the applicant .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-2003
Reported in : 2003(4)ALD871
..... elaborate arguments to convince this court on the aspect of jurisdiction of the respective courts in entertaining the o.p.s. for grant of succession certificates.3. section 371 of the indian succession act, 1925 dealing with court having jurisdiction to grant certificate reads as hereunder:-'the district judge within whose jurisdiction the deceased ordinarily resided at the time of his death ..... died on 5-3-2001 when he came to hyderabad on some work to this place.7. heard the counsel.8. it is pertinent to note that the powers under section 24 of the code of civil procedure are very wide. as can be seen from the respective allegations made in the affidavits filed in support of the transfer cmps and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-2003
Reported in : 2003(3)ALD57; 2003(3)ALT439
..... any division court, pursuant to section 108 of the government of india act made (on or after the 1st day of february, 1929) in the exercise of appellate jurisdiction in respect of a decree or order made in the ..... order made in the exercise of revisional jurisdiction, and not being a sentence or order passed or made in the exercise of the power of superintendence under the provisions of section 107 of the government of india act, or in the exercise of criminal jurisdiction) of one judge of the said high court or one judge of any division court, pursuant to ..... section 108 of the government of india act and that notwithstanding anything hereinbefore provided an appeal shall lie to the said high court from a judgment of one judge of the said high court or one judge of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-2003
Reported in : 2003CriLJ2433
..... is set aside on the ground that sri c. praveen kumar was not given opportunity to advance his arguments, it amounts to altering the judgment which is not permissible under section 362, cr.p.c. in the light of the above circumstances, we express our inability to accede to the prayer of the petitioners. criminal m.p. no. 988 ..... and their names were not printed in the cause list. in these circumstances the appeal was dismissed in the absence of the counsel for the appellant. when an application under section 482, cr.p.c. by the appellants to set aside the dismissal order was filed, this court dismissed the petition observing that sri milind gokhale whose name was shown ..... him for re-hearing of appeal in his presence deserved to be allowed.6. in the case covered by the above decision, the accused were acquitted for the offence under section 420, ipc, but, on filing an appeal by the complainant before the patna high court and on receipt of the notice, the appellants-accused appeared in the high .....
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