Court : Andhra Pradesh
Decided on : Jan-28-2003
Reported in : 2003(4)ALT494
..... the complaint does not prima facie constitute any offence against the accused and/or that the fir does not disclose commission of any offence. 8. section 20 of the act deals with the acts prohibited in the reserve forest and penalties for trespass or damage in such forest. the said provision, relevant for the purpose, reads as under ..... 10. insofar as the second contention that petitioners stand exonerated of all the contraventions and offences as the second respondent has compounded the offence under section 59(1) of the act is concerned, in my considered opinion, the same though on the face of it appears to be formidable, a closer scrutiny would disclose the ..... fallacy of the contention. section 59 of the act deals with compounding of forest offences, which reads as under. 59. power to compound offences:- (1) any forest officer specially empowered in this behalf by .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-28-2003
Reported in : 2003(2)ALD335; 2003(3)ALT765
..... a.p. state road transport corporation, who suffered disability while in service. as his services were terminated without providing any alternative employment, as provided under section 47 of the act, the petitioner approached this court and this court accepting the claim of the petitioner, set aside the impugned order of termination passed by the vice- ..... the counter it is also stated that the petitioners have not become disabled due to the accidents while in service and therefore, the provisions of section 47 of the act have no application. it is also stated that the petitioners were engaged in the underground minisg for which medical fitness is absolutely necessary and as ..... declaring the action of the respondents in terminating the services of the petitioners as illegal, without jurisdiction as well as contrary to the provisions of section 47 of the act.4. the above claim of the petitioners is contested by the respondent company by filing a counter. in the counter, it is stated that the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-28-2003
Reported in : 2003(2)ALD859; 2003(2)ALT599
..... drawn up, explanation :--the mere absence of, or defect in, attachment of the property sold shall not by itself be ground for setting aside the sale under this rule. sub-section (3) specifically says that no application to set aside the sale under thisrule shall be entertained upon any ground, which the applicant could have taken before the date on which ..... a person claiming rateable distribution will be a non-party to the proceeding but however a careful reading of sub-section (1) with subsection (3) will clearly go to show that subsection (3) is applicable in all cases covered by sub-section (1) and hence the person claiming rateable distribution of assets cannot stand on a different footing. be that as it .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-28-2003
Reported in : 2003(3)ALT644
Elipe Dharma Rao, J.1. Heard Mr. A.K. Jayaprakash Rao, learned counsel appearing for the petitioner and Mr. K. Harinath, learned standing counsel for the APSRTC.2. This case has a chequered history. It is the 5th round of litigation for the petitioner who is now before this Court by way of filing the present writ petition. For the purpose of understanding the controversy raised in this case, it is necessary to elucidate briefly the facts leading to filing of the present writ petition. The petitioner was appointed as a Conductor in the Andhra Pradesh State Road Transport Corporation by an order dated 5-1-1984. However, on certain alleged irregularities, his services were terminated with effect from 5-9-1984 without affording him any opportunity of explaining his case or conducting any enquiry into the alleged misconduct. Questioning the said termination order, he filed W.P.No. 14238 of 1984 before this Court, which was allowed on 18-12-1985 by this Court and the order of termination was...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-28-2003
Reported in : 2003(6)ALD642; 2003(5)ALT165
ORDERP.S. Narayana, J.1. Heard Sri N. Srirama Murthy, Counsel for the appellant and Sri Chidambaram, Counsel representing the respondent.2. The unsuccessful defendant in AS.No. 52/82 on the file of Subordinate Judge, Chirala is the present appellant. The respondent/plaintiff instituted the suit OS No. 690/80 on the file of I Additional District Munsif, Chirala for permanent injunction restraining the defendant from closing the passage of 15 links width and 41 links length which was shown in the plaint plan CC1 EF in any manner whatsoever. At the appellate stage, the plaint was amended seeking the relief of declaration of title as well. The Trial Court on the strength of the respective pleadings of the parties had settled the Issues and had examined PW1 to PW8 and DW-1 to DW-3 and also marked Exs.A-1 to A-15, Exs.B-1 to B-5 and Ex.X-1 and had ultimately came to the conclusion that the plaintiff has neither possession nor title over the suit schedule site and had dismissed the suit and a...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-24-2003
Reported in : 2003(2)ALD170; 2003(2)ALT579
..... on any matter; its report has no value per se excepting giving advice and providing guidance to the government. it is mandated in sub-section (1) of section 3 of the act that the appropriate government may if it is of the opinion that it is necessary so to do, appoint a commission of inquiry for the ..... the appropriate government to be discharged towards the petitioner. in these circumstances, the contention of the learned counsel that discretion vested in the appropriate government under section 3 of the act has not been exercised and, therefore, the petitioner has a right to maintain the writ petition, is devoid of force.'so, the high court was ..... had been appointed. the government had discretion in the matter and formation of opinion by the government was pre-requisite for exercise of the power under section 7 of the act. it is also contended that, appointment of commission and its continuance beyond a particular date are the matters for government to decide, therefore, the government .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-24-2003
Reported in : 2003(1)ALD826; 2003(1)ALT688
..... equitable mortgage on their lands;(ii) to provide an appeal to the revenue divisional officer against the orders of the mandal revenue officer under sub-section (4) of section 5-a of the act;(iii) to protect the credit agencies by specifying that any charge not entered in the pass book will not have priority;(iv) to provide that ..... if so, in what mannerthe record of rights may be amended in consequence of receiving intimation of the fact of acquisition of any right referred to in section 4 of the act. thereafter, the amendment shall be carried out in the record of rights in accordance with such determination. the amendment and updating of record of rights by ..... mandal revenue officer, necessary entries have been made in faisalpatti to the effect that the petitioners have become owners pursuant to the certificate of validation under section 5-a of the act read with 45-a of the rules, all revenue records including pahanies were updated and the names of writ petitioners are shown as owners and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-24-2003
Reported in : 2003(2)ALT261
..... or by any other name, and intimate such nomination within thirty days thereof to the competent authority. a plain reading of subsection (2) of section 24 of the act makes it clear that it is the management that is required to nominate a person to manage the affairs of the institution and intimate such nomination to ..... recognized as a correspondent by the competent authority in terms of section 24 of the act, the 10th respondent continues to be the correspondent and no mandamus can be issued as sought by the petitioner. the writ petition is misconceived and ..... correspondent. it is open to the petitioner, if he claims to be the current elected secretary and therefore entitled to be considered as correspondent under section 24 of the act to make an appropriate representation to the state for his being substituted and recognised as correspondent in lieu of the 10th respondent. till another person is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-24-2003
Reported in : 2003(3)ALT666
..... day the respondents 1 and 2 seized the stocks and kept them under their custody and registered a false case vide fir no. 353/2002-03, under section 36(c) of the a.p. excise act, 1968 r/w. rule 17 (2) of the a.p. excise rules, 1993, against the licence holder on the alleged ground of possession spurious liquor in ..... that the seizure of the stocks and the consequential suspension of the licence of the petitioner's wine shop was effected as per the provisions of the a.p. excise act, 1968 and the rules made thereunder. it is further stated that a mediators' report was drawn to the effect that two bottles of spurious liquor was seized from the shop ..... appeal as against the impugned order dated 21-9-2002, to the deputy commissioner, under section 63 of the a.p. excise act, 1968, without going into the merits of the case, the petitioner is permitted to file an appeal under section 63 of the a.p. excise act, 1968, within a period of one week from the date of receipt of a copy .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-24-2003
Reported in : II(2003)ACC729; 2004ACJ1937; 2004ACJ1937; 2003(2)ALD644; 2003(2)ALD644; [2003(97)FLR591]; (2003)IILLJ447AP; (2003)IILLJ447SC
..... or trial in respect of any offence under investigation at the time when such statement was made except for the purpose of contradicting the witness as provided by section 145 of the evidence act or the other circumstances mentioned under the proviso. 16. in the instant case admittedly the stage of the case before the judicial first class magistrate, tandur was ..... are liable to pay an amount of rs. 35,471/- as compensation with interest at 6% p.a., within two months. 9. on an appeal under section 30 of the workmen's compensation act by the insurance company, the learned single judge held that the claimant is not an employee of the owner of the lorry and he does not fall ..... district zone in wc no. 109 of 1989. 2. the appellant is the claimant in w.c. no. 109 of 1989, which was filed under sections 3 and 4 of the workmen's compensation act, 1923 seeking a compensation of rs. 98,000/- on the ground that he suffered permanent disability during the course of the employment. by order dated 3 .....
Tag this Judgment!