Court : Andhra Pradesh
Decided on : Jan-24-2003
Reported in : 2003(2)ALT334
..... making representations althrough and the same were rejected time and again. in fact, the first representation said to have been made by the petitioner on 4-1-1977 was not acted upon and immediately he could have worked out his remedies. instead of doing so, the petitioner went on making representations to the respondents for about 20 years. the petitioner is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-22-2003
Reported in : AIR2003AP353; 2003(4)ALT77
..... narinderjit singh v. state of u.p., : [1973]2scr698 land acquisition proceedings were questioned in that case. a notification was issued under section 4(1) of the land acquisition act, 1984. the district collector published the notification in the official gazette. however, he did not cause public notice of the substance notification ..... prosecutor who filed the complaint before the trial court the special leave cannot be granted to the municipal corporation to file the appeal. section 476 of delhi municipal corporation act, 1957 confers power on the commissioner to institute and prosecute any suit or other legal proceeding. the supreme court held that the phrase ..... of delhi municipal corporation filed a complaint before the magistrate under provisions of food alteration act. the accused was acquitted. thereupon the delhi municipal corporation made an application to the high court seeking special leave under section 417 cr.p.c. to appeal against the order of acquittal. it was contended .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-22-2003
Reported in : 2003(1)ALD(Cri)696; 2003(2)ALT(Cri)1; II(2003)DMC562
..... deceased committed suicide only on account of the said harassment. therefore, both the accused are liable to be acquitted for the charges framed under section 498-a, i.p.c. and under section 4 of the dowry prohibition act. in support of his contentions, the learned counsel for the appellants relied on decisions of the apex court in satvir singh and ors. ..... to 3, 6 and others and recorded their statements. on 25.9.1995 he filed a memo ex. p7 to alter the section of law from 498-a, 306, i.p.c. and section 4 of dowry prohibition act to section 304-b, i.p.c. on 26.9.1995 the accused 1 and 2 were arrested and remanded to judicial custody. ..... learned additional sessions judge, on appraisal of entire evidence - both oral and documentary, held that the prosecution has proved the offences under sections 498-a, 306, 304-b of i.p.c. and section 4 of dowry prohibition act against accused 1 and 2 and accordingly convicted and sentenced accused 1 and 2 as stated supra. aggrieved by the said conviction and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-22-2003
Reported in : 2003(2)ALT281
..... -11-1993, whereas the petitioner was reappointed with effect from 3-11-1993 and as the reappointment of the petitioner was prior to the date of the said act, the said act has no application. hence on both the counts, the impugned order is unsustainable. hence, sought for setting aside the same. at the time of hearing, the ..... be considered is whether the reapppointment of the petitioner as manager by the 2nd respondent corporation by the managing director is not legal and contravenes the provisions of act 2 of 1994. a perusal of the rules governing the recruitment of staff and officers of the 2nd respondent corporation show that as per rule 6, appointment ..... pursuance of the instructions of the government that the re-appointment was made in violation of the recruitment and service rules of the andhra pradesh handicrafts development corporation and act 2 of 1994.2. according to the petitioner, he was originally appointed as manager class-ii in the a.p. state trading corporation on 11-4-1977. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-21-2003
Reported in : 2003(1)ALD(Cri)421; 2003CriLJ1896
..... court in state of bihar v. d. n. ganguly, : (1958)iillj634sc , held as under (para 9) : 'it is well settled this section (section 21) of the general clauses act) embodies a rule of construction and the question whether or not it applies to the provisions of a particular state would depend on the subject-matter, context, ..... administration, : 1959crilj782 . it was held as under (para 20) :'in our opinion, this argument is not well-founded. section 19 of the punjab general clauses act, like section 21 of the general clauses act embodies a rule of construction, the nature and extent of the application of which must inevitably be governed by the relevant provisions of ..... of criminal courts than in case of industrial tribunal or civil courts. further, the role assigned to the appropriate government in referring the dispute under section 10(1) of the act is very wide and participatory. various steps are required to be taken, such as, conciliation, arbitration, etc., whenever it is approached by an .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-21-2003
Reported in : AIR2003AP262; 2003(2)ALD782; 2003(4)ALT135
..... to understand that the road transport authority is empowered to declare the town service route which goes against the provisions of clause (ca) of sub-section (3) of section 68 of the m.v. act. the rule making power is only a subordinate legislation and it gives way to the principal provision which only empowers the government to formulate the ..... second respondent granted a permit. the a.p. state road transport corporation (apsrtc), the third respondent herein, approached the stat by filing a revision petition under section 90 of the act. the stat by the impugned order dated 22-2-2002 set aside the order granting permit by the second respondent in favour of the petitioner. therefore, the ..... the same was rejected by the second respondent on 13-12-1997. aggrieved by the same, the petitioner preferred an appeal to the stat under section 89 of the motor vehicles act, 1988 ('the act'). the same being a.p. no. 41 of 1998 was allowed by an order dated 8-9-1998 and the matter was remitted to the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-21-2003
Reported in : 2003(3)ALD711; (2003)IIILLJ289AP
..... adjudication by the labour court or industrial tribunal, as the case may be, the subject matter of adjudication is totally different from the one contemplated under section 2a of the id act. the adjudication in such proceedings would not be as to whether there was any illegal discharge, dismissal, retrenchment or termination of the contract labour, much ..... that the writ of prohibition is maintainable.12. it is also his contention that even the a.p. state amendment, by inserting sub-section (2) of section 2-a of the i.d. act, did not empower any workman straightaway to approach the labour court or industrial tribunal. according to him, though it was not necessary to ..... sail that an automatic absorption of a contract labour working in an establishment cannot be implied even in the event of issuance of a notification under section 10 of the clra act. he submits that the adjudication that is referred to in the various judgments of the supreme court including the one in sail as regards the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-21-2003
Reported in : 2003(2)ALD892; 2003(2)ALT249
..... (air 1954 sc 332 = 1954 crl lj 910): deep chand v. state of rajsthan : [1962]1scr662 to a magistrate making a record under sections 164 and 364 of the code of criminal procedure, 1898. this rule squarely applies 'where indeed, the whole aim and object of the legislature would ..... interested in calling those powers into execution is entitled to come before the court, and the only reason for putting in such a section is to shew that that is not the meaning of the legislature, but that the right of calling for the exercise of ..... act which conferred the jurisdiction, it must exercise the jurisdiction according to the provisions of the act. in the same way, when the statute says who is the person to petition, it ..... out, it means that no other mode is to be adopted..........on agreat varieties of acts where application has been directed to be by petition, and it has been laid down that being the mode appointed by the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-20-2003
Reported in : 2003(2)ALD538
..... held a post not below the rank of additional registrar of co-operative societies'. likewise, section 76 of the act deals with appeal and section 77 of the act deals with revision. section 121 of the act deals with bar of jurisdiction of court. likewise, section 126 of the act deals with notice necessary in suits. no doubt, these provisions were referred just to convince ..... 99 before the a.p. co-operative tribunal under section 76 of the act and the tribunal dismissed the same by orders dated 19-9-2001. while dismissing the said appeal, the liability was fixed as against the other defendants also including ..... tune of rs. 1,07,880/-. it was also stated that while making the said order, no show-cause notice as contemplated under section 60(1) of the act was issued to the petitioner under section 51 of the act. it is further staled that an appeal was fifed by sri ekambar rao, the 4th defendant, vide o.a. no. 221/ .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-20-2003
Reported in : 2003(2)ALD375; 2003(2)ALT626
..... faithful to each other, and to render true accounts and fullinformation of all things affecting the firm to any partner or his legal representative. sub-section (1) of section 32 of the act specifies that a partner may retire--(1) with the consent of all the other partners,(2) in accordance with an express agreement by the partners, ..... or(3) where the partnership is at will, by giving notice in writing to all the other partners of his intention to retire.section 36 of the act deals with rights of outgoing partner to carry on the business and the said provisions reads as hereunder:(1) an outgoing partner may carry on a ..... not carry on any business similar to that of the firm within a specified period or within specified local limits; and, notwithstanding anything contained in section 27 of the indian contract act, 1872, such agreement shall be valid if the restrictions imposed are reasonable.'the appellant definitely is not aggrieved by the respondent carrying on a competing .....
Tag this Judgment!